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ESA length of award

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5 years 2 months ago #238513 by jm46
ESA length of award was created by jm46
I have just been reviewed for ESA and placed in the support group again, but only an 18 month award, I cannot believe this, previously I had a 3 year award but havent been reviewed for 6 years. My understanding was that for those with long-term chronic conditions reviews were being turned off? I have numerous long term chronic health problems, which are deterioating and degenerative. I had a paper review requested by my G.P and sent a
lot of medical evidence. Three letters requested long-term awards, Including my G.P. One specialist requested a permanent
award. Previous ESA award stated return
to work in the longer term was unlikely.
Recently I was given a 10 year pip award .
The recomendation of the Health care professional was no further review, due to the nature my conditions and that significant
improvement is unlikely. I an waiting for the Medical report from Dwp / Maximus but feel I should go for mandatory reconsideration, I am extremely anxious with the thought me
having to endure this process again next year, I cannot cope with this anymore, please can You advise me?
this anymore, please can You advise me
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5 years 2 months ago #238523 by BIS
Replied by BIS on topic ESA length of award
Hi Jm46

ESA can be reviewed after one, two or three years. Some people have found they have not been reviewed for a longer time, but this is because the DWP had a backlog of reassessments. Whether you will be reviewed after eighteen months or whether it will be longer one cannot say. You can put in for a mandatory reconsideration, but be aware few people have had success in having award length extended. However, that doesn't mean you shouldn't try if you want to.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jm46
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5 years 2 months ago #238525 by Gordon
Replied by Gordon on topic ESA length of award
Jm / BIS

Sorry BIS but this is not the case, the award "length" is not part of the ESA Decision and therefore cannot be challenged by an MR or appeal, nor can the decision to excuse a claimant from further assessment, these are operational decisions made by the DWP and are not defined in law.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jm46
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5 years 2 months ago #238544 by jm46
Replied by jm46 on topic ESA length of award
According to the Commons library briefing 10 May 2019 there is detailed information concerning ‘ switching off’ ESA assessments ‘ .for claimants with severe conditions. This was introduced on 1st October 2016 by The Secretary of State for work and pensions, Damian Green when changes were announced for ESA ,
On the 29 September 2017 the DWP announced that ESA claimantsi in the Support group or UC limited capability for work and work related activity, following a WCA for those with the most severe, lifelong incurable conditions who are unlikely to ever be able to move into the labour market. Severe conditions are listed in the revised WCA Handbook.
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5 years 2 months ago #238545 by Gordon
Replied by Gordon on topic ESA length of award
Jm

I'm aware of all of this but it does not change the fact that this is not part of the Decision and therefore has no right of appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jm46
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5 years 2 months ago #238638 by Augustus
Replied by Augustus on topic ESA length of award
Gordon

I appreciate you feedback to the best of your knowledge but my experience ce with PIP in late 2016/17 contradicts.
From 2 years PIP I was re-assessed for 6 months. With another GP letter & a MR I was put on indefinite PIP.
Of course, maybe the exception that proves tbe rule?

A
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