LT54

Hi B&W, just wondered when I next receive my ESA50, would it do me any favours to photocopy my latest LT54 for ATOS/DM, as it places me in the SG under regulation 35 (with a very good explanation by the DM that completed it).
Also it will be about twelve months between sending in evidence, so do I have to get more up to date medical evidence or resend the same ones, I do have two new pieces of evidence that I will be sending, but I want to send in as much as possible to support my claim.
I feel that the prognosis was incorrect at twelve months, but I dare not challenge this now I have been placed in to the SG.
I also received all the information that the DWP hold on me under SAR. As I was looking through it I noticed that two medical reports were missing from the information that I had sent in to them, so I am unsure if they have looked at them, again I dare not challenge this now I am in the SG.
I only mention this because I wonder if I would have received a truer prognosis, if these other two reports had been seen. If they are missing from the SAR info I received does it mean that DWP have not seen them I wonder.
As always any information would be appreciated, thank you very much.
I am dreading going through it all over again so soon, it’s the first thing on my mind in the morning and the last thing on my mind at night !

noel wrote: Hi B&W, just wondered when I next receive my ESA50, would it do me any favours to photocopy my latest LT54 for ATOS/DM, as it places me in the SG under regulation 35 (with a very good explanation by the DM that completed it).
Also it will be about twelve months between sending in evidence, so do I have to get more up to date medical evidence or resend the same ones, I do have two new pieces of evidence that I will be sending, but I want to send in as much as possible to support my claim.
I feel that the prognosis was incorrect at twelve months, but I dare not challenge this now I have been placed in to the SG.
I also received all the information that the DWP hold on me under SAR. As I was looking through it I noticed that two medical reports were missing from the information that I had sent in to them, so I am unsure if they have looked at them, again I dare not challenge this now I am in the SG.
I only mention this because I wonder if I would have received a truer prognosis, if these other two reports had been seen. If they are missing from the SAR info I received does it mean that DWP have not seen them I wonder.
As always any information would be appreciated, thank you very much.
I am dreading going through it all over again so soon, it’s the first thing on my mind in the morning and the last thing on my mind at night !

Hi n,

You should include any evidence along with the ESA50 that you feel helps your case.

You will still have to show that you qualify under Reg 35 though, at your next reassessment.

Try not to rely on this solely, as sometimes DM's and Tribunals are "lazy" and it is an easy option to use Reg 35, or Reg 29 (for WRAG)

I would use any reports that you have, obviously the more current the better. Sometimes, people are unable to obtain recurring current reports as G.P.'s and Consultants can get fed up with writing the same thing every 12 months or so.

If a report is around 12 months old, you could state that your condition and resulting limitations have not improved since the date of the report, and add that neither have you been prescribed any new medication or received any other form of treatment. (Whatever the case may be in your own situation)

You will never know what the outcome may have been with regards to the missing reports. I would certainly use them again next time.

As you know, if you wanted an explanation of why these reports are missing from your SAR documentation, you would have to query it in writing.

I know that it must be difficult, but try not to dwell too much on it, until a couple of months before your expected reassessment date.

bro58

Thanks Bro for your reply, I shall bear all the information you gave me in mind.
I have been told that reassessment is due in september this year, and to expect the ESA50 around July this year. I will try to keep calm about it all and keep reading on your website to keep myself up to date with information that you and your colleagues kindly give to peaple, thank you very much.

noel wrote: Thanks Bro for your reply, I shall bear all the information you gave me in mind.
I have been told that reassessment is due in september this year, and to expect the ESA50 around July this year. I will try to keep calm about it all and keep reading on your website to keep myself up to date with information that you and your colleagues kindly give to peaple, thank you very much.

Hi n,

Yes, it may be best to "keep your eye on the ball", without worrying too much, (easier said than done).

The main thing to remember when you receive your new ESA50, is to treat it as if it was your first, you can still refer back, but also make sure it is current.

If you feel that you still qualify under Reg 35, then say so, and provide evidence of how and why there would be "Substantial Risk".

Try also to tie in any of The Functional Descriptors that you feel you may qualify under.

Cheers for now.

bro58