esa assessment phase

Hi,im in n.ireland and just off the phone to DSS regarding my esa.what happened was on saturday my wife was looking online regarding another benefit I receive and she noticed that esa is paid for 13 weeks as an assessment phase after which the person receiving it is transfered to another of two schemes.Now I couldnt say exactly how long I have been receiving the assessment rate but its certainly close to a year at least.When I rang the dss the guy I spoke to (who was pretty helpful)tried to bring up my starting date for esa but couldnt and he said he will email the medical people to see about another medical for me.I am wondering if they have forgotten to place me in another group should I need to go again for a medical and am I entitled to receive backdated benefits from being placed within one of those groups? thanks for any help.

Clearly there has been an administrative error in your case.

When you say that the DSDNI Social Security Agency are trying to arrange another medical, do I assume that you have already had a medical assessment for the purposes of your ESA entitlement? If so, there must be a record as to the outcome of that medical held on file, and notification should have been passed to the the Social Security Agency (SSA) from the sub-contractor (I'm not sure if it is Atos in NI) which would have determined into which group you were to be placed, or if you had been found fit for work following the WCA.

If you have had a medical assessment for ESA you should request that the SSA establish the outcome of that assessment, before you submit to another assessment. This is particularly important as your medical condition may have changed for the better, or may have deteriorated over the space of a year. A 'new' medical assessment would only be applicable to your health condition as it is now or when it eventually takes place, and not at the time of your ESA claim. The onus is on the SSA to decide on your entitlement at the appropriate time and not one year hence. Therefore, a supersession decision was required after thirteen weeks following the award of ESA at the assessment rate and it was not done, which is tantamount to maladministration.

In the first instance I would be inclined to proceed as per the first sentence of the preceding paragraph.

many thanks yes I had a medical I believe it to be if not a year then very close to it and received esa at the assessment rate.I should say my wife deals with all letters and I never knew about "assessment phase" until last saturday when she mentioned it.I dont think she did either as she has her hands full with my care now.Since that original medical I have had a number of brain scans and other tests and have been diagnosed with early onset alzheimers.again thank you for taking the time to reply.

I had a similar case and found out the claimant was down for clerical payment. He was just paid the assessment rate since September 2010.

hi all latest update.I received an esa50 form today and rang the dss again to see if it was the form for me as it seems to be for another medical.The lady I spoke with told me to fill it in anyway and send it in but I may not have to attend a medical.I again asked her about the fact I had already attended a medical quite a while ago but was still receiving the assessment rate,although she checked on her com she told me the same thing as the guy I spoke with the other day ie she could tell me I was getting esa but NOT from when,it just wasnt there she said!!Anyway after speaking with her I rang the jobcentre where I last attended and the lady there was able to tell me I had attended pathway to work interviews with her and at that time was receiving esa assessment rate of £65 per week.She told me I was receiving esa from 13/4/2010 at £65 per week and from 12/4/2011 till now at £67.50 per week.She could not understand why I was not put in one of the support groups.She also looked on the system for as she explained reference notes and found an attachment which just said "fast track medical" now she said that was the first time she ever saw that on a file and had no idea what it meant.She thinks I should fill in the form also as my medical condition has worsened considerably since my last one and hopefully they will sort it out this time.