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ESA time extention to complete ESA50?

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6 years 6 months ago #197772 by buster21
ESA time extention to complete ESA50? was created by buster21
Hi Gordon and other moderators. Forgive me if this is obvious. I've had a quick look on the internet but I cannot find an answer.

An ESA50 has arrived today for my daughter unexpectedly (I'm the appointee). Although it has been 3 years since her award - so not completely out of the blue - but surprised nevertheless.

Unfortunately, I am snowed under completing my son's DLA to PIP2 form - gathering evidence etc - you know how it is. I am the appointee here as well.

Therefore, can I ask the DWP or ATOS (whoever is in charge) for an time extension for the ESA50? As for the DLA to PIP claim I've already been given more time from DWP - I've a week left to get that in.

Both of these young people have life-long genetic conditions affecting them in many ways - including psychosis, learning disabilities, drop attacks and blindness - so I kind of have enough on my plate already - any advice please.

As an aside, what happened to the new government policy muted last year I seem to remember by the minister for DWP about doing away with repeat WCA assessments for claimants where there was no chance of things improving - such as my daughter? Doesn't seem to be happening does it!

Many thanks
Buster

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6 years 6 months ago #197785 by Gordon
Replied by Gordon on topic ESA time extention to complete ESA50?
Buster

I'm afraid there is no extension available for returning the ESA50, even if you are told by ESA staff over the phone that you can return it late you should not do so, the only exception to this would be if the extension is confirmed in writing.

You can return the form late but doing so carries a risk of your daughter's claim being closed although it is usually possible to overturn this providing the form has been sent in.

If you run out of time then my advice would be to return the form on time even if incomplete and then provide any additional information afterwards.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: buster21

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6 years 6 months ago #197791 by buster21
Replied by buster21 on topic ESA time extention to complete ESA50?
Thank you Gordon. Much appreciated.
Incidentally, is there any news to report regarding the doing away with WCA for claimants who's medical conditions are unlikely to improve? I seem to remember the former DWP minister suggesting this was going to start happening.

Buster

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6 years 6 months ago #197792 by Gordon
Replied by Gordon on topic ESA time extention to complete ESA50?

buster wrote: Thank you Gordon. Much appreciated.
Incidentally, is there any news to report regarding the doing away with WCA for claimants who's medical conditions are unlikely to improve? I seem to remember the former DWP minister suggesting this was going to start happening.

Buster


We are all waiting with bated breath, it may happen after the Conservative annual conference.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: buster21

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6 years 6 months ago #199232 by buster21
Replied by buster21 on topic ESA time extention to complete ESA50?
Hi Gordon and all
I'm stuck! At this very moment, filling in ESA50 for my daughter by working through your guide on mental, cognitive and intellectual as she has learning disabilities amongst other things. My query is regarding 15. Going out on page 63 of your guide.

1. It says "for example individuals who are unable to use public transport but are able to arrive at their destination by other means will NOT score on this activity"

My daughter is unable to use public transport due to safety as a result of the cumulative effects of her physical and mental problems (doctors orders), such as collapse, blindness and learning disability. Therefore we drive her to her destinations. According to your guide she won't therefore score any points for this descriptor. This doesn't seem right. Am I reading this correctly? I am feeling a little blurry eyed so please forgive me if I'm talking nonsense. Many thanks

Buster

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6 years 6 months ago #199235 by Gordon
Replied by Gordon on topic ESA time extention to complete ESA50?
Buster

You need to continue reading :)

You can argue that your taking her a destination in your car is not the same as her getting to the destination. Also the Descriptors require her to be alone!

Think about the other options that a person would have to get to a destination, for example she could walk or ride a bike, what prevents her doing this?

Can she find her way? Is she able to navigate the route? What about diversions? Can she recognise a safe route, for example; places to cross the road.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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