Completing ESA Re-assessment form

Hello there, I joined Benefits and Work back in 2011, didn't need to use you and subscription lapsed.

I did my first ESA 50 application through Fightback on Facebook, though this worked reasonable well and they have a private forum, they were swamped and didn't have all the latest PIP guides.

I got my ESA and put in support group in 2014 and thought it would be DLA transfer to PIP that would next come up.

But I came home on Wednesday 16th to a Maximus letter and new ESA50 to complete by 14th April, and panic/anxiety set in.

I also think that DWP made the decision to put me in support group and give me ESA as I was involved in local publicity about being sent from Norwich to Ipswich for medical as there was no accessible office here, and I was protesting with others about that centre in Norwich!

My question now is, do I just fill in the new form with what was in my first one (late 2013 filled in) everything is almost the same, though all my conditions are worse?

Do I add any extra info (had been getting soem ready for PIP), I don't have any medical info/letters, just things I've bought to aid me, given some by County Council and have been given a new Blue Badge since first ESA form.

Your interactive one on the computer sounds good as I have issues writing, should I do that?

Have also wondered if I should put something in about those regualtions, 29 and something, if you are found fit for work, you could be a danger?

Thanks for any input.

Hi bookworm and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You should treat this reassessment as you did the original claim and include all information and evidence that would support your claim. Do not assume that DWP or the assessor has any prior knowledge of you or your claim.

Our ESA guide should walk you through the process and the 'exceptional circumstances' descriptor is also explained.

ESA claims and appeals

If, having read the ESA guide, you have further questions or comments, please reply to this message and we will do our best to help.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bookworm wrote: Hello there, I joined Benefits and Work back in 2011, didn't need to use you and subscription lapsed.

I did my first ESA 50 application through Fightback on Facebook, though this worked reasonable well and they have a private forum, they were swamped and didn't have all the latest PIP guides.

I got my ESA and put in support group in 2014 and thought it would be DLA transfer to PIP that would next come up.

But I came home on Wednesday 16th to a Maximus letter and new ESA50 to complete by 14th April, and panic/anxiety set in.

I also think that DWP made the decision to put me in support group and give me ESA as I was involved in local publicity about being sent from Norwich to Ipswich for medical as there was no accessible office here, and I was protesting with others about that centre in Norwich!

My question now is, do I just fill in the new form with what was in my first one (late 2013 filled in) everything is almost the same, though all my conditions are worse?

Do I add any extra info (had been getting soem ready for PIP), I don't have any medical info/letters, just things I've bought to aid me, given some by County Council and have been given a new Blue Badge since first ESA form.

Your interactive one on the computer sounds good as I have issues writing, should I do that?

Have also wondered if I should put something in about those regualtions, 29 and something, if you are found fit for work, you could be a danger?

Thanks for any input.

Hi bw,

Welcome Back to Benefits and Work

You've tried the rest now returned to the best !!!

Yes, a lot of members have been receiving ESA50's for reassessment since they were reinstated in December 2015 after being deferred since January 2014.

You can use evidence that you used in your last ESA50 as long as it is still current.

ESA Reg 29, only places you into The WRAG, it is ESA Reg 35 that places you into The SG.

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

Just to make you aware that : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 now carry out ESA Assessments/Re-Assessments.

There have not been any changes to ESA Legislation since January 2013, however you should always use our most current Guides.

There have been some changes to The ESA50 itself.

Now that you have The ESA50, you may want to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page, 2nd & 3rd links down :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or Maximus. (aka CHDA, aka HAAS.)

You should treat this re-assessment as if it was your first assessment and not assume that The Assessor will have access to any of your previous evidence. They may not even know that you are currently in The SG, so you should make it clear that you are.

It is therefore important that you reiterate how and why you still qualify for The SG, in that the limitations that you suffer as a result of your medical conditions have not changed nor diminished to such an extent that you no longer qualify for The SG.

Nor have you learned to deal with or adapt to your limitations since your last assessment.

If you are aware how and why you were placed into The SG last time, you could cite that also.

If you want to obtain fresh evidence such as a letter of support from your G.P., obtain it yourself and post it with the ESA50.

Do not rely on Maximus/DWP contacting your G.P. , even if you request that they do so.

They seldom do and are not legally obliged to do so.

How best to show that you qualify for The SG is covered in our ESA Claims Guides.

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor

If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From : ESA Reg 34.

If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG.

The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.

You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.


You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58

Hello there,

I had to complete my first ESA Re-assessment sent to me by new team Maximus recently, had to have it in by 16ty April. I am just sounding you out on this, I printed off your massive guide to ESA and put it to one side in order to use, the site said you could do an interactive application online (and save as you went along). The thing is I put off doing it, then when I sat down to think how to go about it, got myself in a stew for various reasons. Firstly we're always told to avoid doing the application yourself, unless desperate, as it counts against you. Wouldn't doing one online count as that, even if you did it in stages?

Then I worked out if I did do that, I would be sitting uncomfortably at the computer (don't have proper desk) with your large guide for referernce, my first ESA done in late 2013, my extra pages of info. I didn't see that I could practically do this without getting confused, my concentration and memory is . So as time was now moving on, I decided to make an appointment with Age UK in my local city centre, to do the application for me, taking my previous form and extra info. I had a week or so wait for an appointment, but that wa sjust enough time. I think it went pretty ok, the only issue was that the woman suggested not to bother with the pages of extra info, keep it for a PIP application, just sent my repeat meds list. When I told a friend who is on ESA, he said that was rubbish about not sending the extra info and of course I should send it! Just wonder what you think and was I wrong in thinking I couldn't follo the guide and do the ESA50 myself? Appreciate any feedback. Thank you.

Hi bw,

I have merged your query with the previous topic relating to your ESA reassessment. It helps us enormously if everything relating to one claim is kept in the same place and I hope you will find it useful too.

You have good reasons for getting someone to help you with your form, many people are not able to get assistance these days with voluntary organisations (like CAB) having funding withdrawn.

If a claimant does have to do the form without help we suggest that they include a sentence or two (or more if needed) about how they have managed to do that if it is at odds with the limitations of their condition.

Regarding the additional information, we usually advise the claimant to send in everything that might be helpful, the assessment provider rarely seeks it out independently. I don't know whether your advisor thought the information was not helpful in itself or whether they wrongly thought that it would be requested by Maximus if they want it.

This is your claim and you need to be happy with the way it is handled. If you think the information should be submitted you can send it in yourself (you can send a copy to both DWP and Maximus if you wish). This link talks about ATOS but is still valid now that Maximus have taken over.

Sending Documents to the DWP or ATOS

You should bookmark or favourite this topic on your web browser now so that you can find it easily in future. Then you can come back with any further questions or comments relating to your ESA claim.

I am on both higher rates indefinitely, when out of the blue an ESA50 with medical questions came in At that time I had been unemployed for 10years, I didn't even know I was on ESA in turn I completed it or rather I should state my wife and son completed it as my writing is poor, collated all the evidence and squeezed it all into the paltry sized white envelope they send you. Before returning it another brown envelope came in from the DWP, advising I had been placed in the support group. I still went ahead and sent the ESA50 in. I am wary and nervous about calling them up. So can anyone help, have I done the correct thing?

Please respond as I am distraught about the whole affair.