incapacity to esa medical in france

Windmill20

After discussing this situation with the other Moderators, we have some concerns as to whether the correct forms have been issued to you.

We cannot state for certain that an error has ocurred, but do feel obliged to raise our concerns with you.

Our recommendation is that you contact the DWP office dealing with your claim and ask for confirmation that the ESA-N-50 (10/08) is still aplicable given the changes to the WCA criteria that came into affect on 28/03/11.

Gordon

Worried wrote:

Hi Gordon,

Thank you for your reply. Do you know the difference in the two forms. Which is the best one to complete?

Kind regards
Worried

I am afraid we cannot advise you to complete an alternate form in preference to the one you have received, as we do not know for certain that there is an issue.

You need to contact the DWP to confirm that they have issued you the correct form.

The issue is around the changes to the WCA that came into affect on 28/03/11 and ensuring that you are evaluated using the criteria relevant to the form you have been sent.

Gordon

Worried

Were that it only "slightly different questions".

There are fundamental differences between the WCA test pre 28/03 and post 28/03, for example four of the old tests are no longer valid and many of the remaining tests have been re-worded.

At it's simplest level our concern is that discrepancies between the form and the evaluation could lead to a failure to pass the WCA and a consequent loss of benefits.

Whilst this situation is appealable, such a process could easily take a year to be resolved and would undoubtedly have a major impact on your finances.

The fact the you are not in the UK can only serve to complicate the matter further.

I can only suggest you phone the DWP again and ask for a supervisor or manager to answer your query.

I also have to make you aware that until such time as the matter is resolved, one way or another, you need to complete and return the form you have received by the date required. As failing to do this can result in your losing your benefits due to a technical infringement.

To try and put this in context for you, if a claimant in the UK had just received an ESA50 dated 10/08, we would have no hesitation in saying that they had received the wrong form.

Gordon