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9 years 2 weeks ago #157086 by Cher
Replied by Cher on topic ESA
Hi
In July 2013 At a First-Tier Tribunal my appeal was allowed.
"In applying the WCA 15 points were scored from the activities and descriptors in Schedule 2 of the ESA Regulations 2008 made up as follows:
14(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. Score 6 points
16(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual.
Score 9 points
AND
No descriptor from Schedule 3 of the ESA Regulations 2008 was satisfied but regulation 35 of the ESA Regulations 2008 applied.
I was placed in the support group.
I filled in ESA50 03/11 in August 2012, Medical Assessment in December 2012 and Tribunal July 2013
Based on the above information can you tell me how much different ESA50 04/15 is to ESA50 03/11?
Also I have seen something called Regulation 35 2b how is that different to Regulation 35?
Can you confirm that the Regulation 35 that was applied in 2013 got me placed in the Support Group?
Has anything changed since then?
Thank you so much for your time.
In July 2013 At a First-Tier Tribunal my appeal was allowed.
"In applying the WCA 15 points were scored from the activities and descriptors in Schedule 2 of the ESA Regulations 2008 made up as follows:
14(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. Score 6 points
16(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual.
Score 9 points
AND
No descriptor from Schedule 3 of the ESA Regulations 2008 was satisfied but regulation 35 of the ESA Regulations 2008 applied.
I was placed in the support group.
I filled in ESA50 03/11 in August 2012, Medical Assessment in December 2012 and Tribunal July 2013
Based on the above information can you tell me how much different ESA50 04/15 is to ESA50 03/11?
Also I have seen something called Regulation 35 2b how is that different to Regulation 35?
Can you confirm that the Regulation 35 that was applied in 2013 got me placed in the Support Group?
Has anything changed since then?
Thank you so much for your time.
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9 years 2 weeks ago #157088 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Cherry
The first thing to say is that the ESA50 is just a form that asks you questions, you are being assessed against the Descriptors defined in the ESA legislation, these are documented and explained in the ESA Claim guides.
There were changes to the ESA Descriptors and Regulations in early 2013 but I don't believe any of the Descriptors you mention were affected. As long as you use the latest guides you will the information you need.
References to Regulation 35 would be the same as to 35.2(b), this is one of the Exceptional Circumstances regulations and is explained in the guides.
Based on what you have posted you were placed in the Support Group because of Regulation 35.
Gordon
The first thing to say is that the ESA50 is just a form that asks you questions, you are being assessed against the Descriptors defined in the ESA legislation, these are documented and explained in the ESA Claim guides.
There were changes to the ESA Descriptors and Regulations in early 2013 but I don't believe any of the Descriptors you mention were affected. As long as you use the latest guides you will the information you need.
References to Regulation 35 would be the same as to 35.2(b), this is one of the Exceptional Circumstances regulations and is explained in the guides.
Based on what you have posted you were placed in the Support Group because of Regulation 35.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Cher
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9 years 1 week ago #157211 by Cher
Replied by Cher on topic ESA
Thank you.
1) I do not have a partner or a carer living with me, I do not have a partner or a carer in my life at all.
I have seen 'partner' and 'carer' used throughout these ESA50 Guides. I don't see having children mentioned, is this taken into account as 'in place' or' instead' of a partner or carer?
2) Is it taken note of how the ESA50 questionnaire is completed? By that I mean hand written to a reasonable legible standard, correct spelling and grammar etc compared to typed on a computer and being able to set it out reasonably well.
3) I called Jobcentre Plus a few days ago asking for another ESA50 as the one I had started to fill in had got spoilt. I was told yes another one would be sent, However the return date would be the same as on my original letter. That was fine I didn't expect the date to change. She said she would make a note that I called to request this on my records again fair enough. However what she said next made me anxious, she said to make sure I posted it in plenty of time because once it had gone in a post box even if I had obtained a certificate of posting etc like your site recommends and I mentioned say posting and paying for 'next day delivery' she said it would go through Royal Mail's sorting office and then through the sorting office where the questionnaire's envelope went. So basically the envelope I post with ESA50 in even if I could prove I had sent it before the deadline would not matter. It was the date it was stamped or whatever they do to prove when they have received it their end.
Sorry to waffle but I wonder if this was what they say as standard to everyone.
I feel that I should send it a week before it needs to be there for peace of mind.
Just wondering what your thoughts/comments are.
Thank you once again for taking time to read and hopefully answer my questions.
1) I do not have a partner or a carer living with me, I do not have a partner or a carer in my life at all.
I have seen 'partner' and 'carer' used throughout these ESA50 Guides. I don't see having children mentioned, is this taken into account as 'in place' or' instead' of a partner or carer?
2) Is it taken note of how the ESA50 questionnaire is completed? By that I mean hand written to a reasonable legible standard, correct spelling and grammar etc compared to typed on a computer and being able to set it out reasonably well.
3) I called Jobcentre Plus a few days ago asking for another ESA50 as the one I had started to fill in had got spoilt. I was told yes another one would be sent, However the return date would be the same as on my original letter. That was fine I didn't expect the date to change. She said she would make a note that I called to request this on my records again fair enough. However what she said next made me anxious, she said to make sure I posted it in plenty of time because once it had gone in a post box even if I had obtained a certificate of posting etc like your site recommends and I mentioned say posting and paying for 'next day delivery' she said it would go through Royal Mail's sorting office and then through the sorting office where the questionnaire's envelope went. So basically the envelope I post with ESA50 in even if I could prove I had sent it before the deadline would not matter. It was the date it was stamped or whatever they do to prove when they have received it their end.
Sorry to waffle but I wonder if this was what they say as standard to everyone.
I feel that I should send it a week before it needs to be there for peace of mind.
Just wondering what your thoughts/comments are.
Thank you once again for taking time to read and hopefully answer my questions.
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- Gordon
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9 years 1 week ago #157273 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Cherry
The references to a partner or carer are primarily in connection with them helping you complete the ESA50 or in their providing additional information in regard to your claim.
The DWP will make assumptions about how you complete the ESA50, for example if you write your answers then you should not expect to score points for the Dexterity activity.
There is an electronic version of the ESA50 that you can use. See
Using The PDF Version Of The ESA50 Questionnaire
Your responsibility is to return the completed ESA50 to the address on the supplied envelope by the date on the accompanying letter, if it then takes a week to reach the required department, this is the DWP's problem not yours. We recommend a tracked post so that you have proof of delivery.
Gordon
The references to a partner or carer are primarily in connection with them helping you complete the ESA50 or in their providing additional information in regard to your claim.
The DWP will make assumptions about how you complete the ESA50, for example if you write your answers then you should not expect to score points for the Dexterity activity.
There is an electronic version of the ESA50 that you can use. See
Using The PDF Version Of The ESA50 Questionnaire
Your responsibility is to return the completed ESA50 to the address on the supplied envelope by the date on the accompanying letter, if it then takes a week to reach the required department, this is the DWP's problem not yours. We recommend a tracked post so that you have proof of delivery.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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9 years 1 week ago #157274 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Cherry
The references to a partner or carer are primarily in connection with them helping you complete the ESA50 or in their providing additional information in regard to your claim.
The DWP will make assumptions about how you complete the ESA50, for example if you write your answers then you should not expect to score points for the Dexterity activity.
There is an electronic version of the ESA50 that you can use. See
Using The PDF Version Of The ESA50 Questionnaire
Your responsibility is to return the completed ESA50 to the address on the supplied envelope by the date on the accompanying letter, if it then takes a week to reach the required department, this is the DWP's problem not yours. We recommend a tracked post so that you have proof of delivery.
Gordon
The references to a partner or carer are primarily in connection with them helping you complete the ESA50 or in their providing additional information in regard to your claim.
The DWP will make assumptions about how you complete the ESA50, for example if you write your answers then you should not expect to score points for the Dexterity activity.
There is an electronic version of the ESA50 that you can use. See
Using The PDF Version Of The ESA50 Questionnaire
Your responsibility is to return the completed ESA50 to the address on the supplied envelope by the date on the accompanying letter, if it then takes a week to reach the required department, this is the DWP's problem not yours. We recommend a tracked post so that you have proof of delivery.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Cher
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9 years 1 week ago #157296 by Cher
Replied by Cher on topic ESA
Thank you for your reply.
I do not have dexterity problems.
My problems are Part 2, Mental etc capabilities.
I have asked someone to help me with getting the electronic version but they say my computer is unable to download Adobe Acrobat Reader Version X1 or later.
I would prefer to do it on the computer as it can be amended or changed as many times as necessary.
Having said that I only have a basic knowledge and very little experience using a computer for anything complicated I require help.
Do you know how else I could get a PDF version of ESA50?
Regarding the return of ESA50 the original questionnaire came with a letter and envelope but the address on the envelope for the 2nd one I personally requested came with a different address on the envelope, so I don't know which return envelope I should use.
Thank you.
I do not have dexterity problems.
My problems are Part 2, Mental etc capabilities.
I have asked someone to help me with getting the electronic version but they say my computer is unable to download Adobe Acrobat Reader Version X1 or later.
I would prefer to do it on the computer as it can be amended or changed as many times as necessary.
Having said that I only have a basic knowledge and very little experience using a computer for anything complicated I require help.
Do you know how else I could get a PDF version of ESA50?
Regarding the return of ESA50 the original questionnaire came with a letter and envelope but the address on the envelope for the 2nd one I personally requested came with a different address on the envelope, so I don't know which return envelope I should use.
Thank you.
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