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Urgent advice needed - regarding reassessment ESA!
- Ches
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13 years 1 month ago #76601 by Ches
Urgent advice needed - regarding reassessment ESA! was created by Ches
Hi All,
Quick overview
I won my ESA appeal in August this year after scoring 0 points at my atos medical in 2009.
The appeal took 21 months to be heard! On the morning of the appeal I was contacted to be told I had won and was placed in the support group. The Judge found in favour on all my points. Atos and GMC complaints still pending regarding orginal medical and its failings.
Today some 3 months and a week later, I have received a new ESA50 to complete by the 2nd Jan from Atos!
Shocked is an understatment I think devastated about covers it
I am really worried I am not going to be able to meet the timescale to return the form dated 1st but only recived today the 7th and because of Christmas and New Year, to be returned by the 2nd Jan.
Healthwise really not up to filling in the form or going through my piles of evidence.
My health has not improved, and the stress of this I fear will put me over the edge.
Has any other members had to go through this process?
I am housebound has anyone managed to arrange a home assessment?
Has anyone got any suggestions?
Unable to find welfare supporter in my area and CAB not much help.
Ches
Quick overview
I won my ESA appeal in August this year after scoring 0 points at my atos medical in 2009.
The appeal took 21 months to be heard! On the morning of the appeal I was contacted to be told I had won and was placed in the support group. The Judge found in favour on all my points. Atos and GMC complaints still pending regarding orginal medical and its failings.
Today some 3 months and a week later, I have received a new ESA50 to complete by the 2nd Jan from Atos!
Shocked is an understatment I think devastated about covers it
I am really worried I am not going to be able to meet the timescale to return the form dated 1st but only recived today the 7th and because of Christmas and New Year, to be returned by the 2nd Jan.
Healthwise really not up to filling in the form or going through my piles of evidence.
My health has not improved, and the stress of this I fear will put me over the edge.
Has any other members had to go through this process?
I am housebound has anyone managed to arrange a home assessment?
Has anyone got any suggestions?
Unable to find welfare supporter in my area and CAB not much help.
Ches
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- Gordon
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13 years 1 month ago #76603 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Urgent advice needed - regarding reassessment ESA!
Ches
As a Tribunal re-makes the original Decision and should only consider your health as it was at that time, technically, you have not been re-assessed for 24 months, which is actually a lot longera than the average, though I doubt this will make you feel better about the situation.
You can request a home medical, you will need the support of your GP to explain why you cannot attend an ATOS centre.
The ESA descriptors have changed since your last assessment, so make sure you are familiar with the new criteria. See our ESA claim guides (dated 11/11) on the following link,
www.benefitsandwork.co.uk/help-for-claimants/esa
The following may help you find an advisor
Where to get advice?
With regard to returning the ESA50
How long do I have to complete the ESA50?
If you have any questions, please come back to the forum.
Gordon
As a Tribunal re-makes the original Decision and should only consider your health as it was at that time, technically, you have not been re-assessed for 24 months, which is actually a lot longera than the average, though I doubt this will make you feel better about the situation.
You can request a home medical, you will need the support of your GP to explain why you cannot attend an ATOS centre.
The ESA descriptors have changed since your last assessment, so make sure you are familiar with the new criteria. See our ESA claim guides (dated 11/11) on the following link,
www.benefitsandwork.co.uk/help-for-claimants/esa
The following may help you find an advisor
Where to get advice?
With regard to returning the ESA50
How long do I have to complete the ESA50?
If you have any questions, please come back to the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Ches
- Topic Author
13 years 1 month ago #76604 by Ches
Replied by Ches on topic Re:Urgent advice needed - regarding reassessment ESA!
Thanks Gordon for your prompt response,
Understand the processes but really not up to fighting this anymore.
Ches
Understand the processes but really not up to fighting this anymore.
Ches
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- Gordon
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13 years 1 month ago #76605 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Urgent advice needed - regarding reassessment ESA!
Ches
I can appreciate how frustrating this must be, but if you don't complete you ESA50, ultimately, you will lose the benefit.
Providing you didn't win your appeal under the Special Circumstances rules, then the Burden of Proof lies with the DWP, to prove you no longer meet the criteria, although this is somewhat diminished due the change to the descriptors.
Did you get a Statement of Reasons from the Tribunal, you can use this as evidence for this assessment?
Was your GP of assistance with your appeal, would they help again?
Gordon
I can appreciate how frustrating this must be, but if you don't complete you ESA50, ultimately, you will lose the benefit.
Providing you didn't win your appeal under the Special Circumstances rules, then the Burden of Proof lies with the DWP, to prove you no longer meet the criteria, although this is somewhat diminished due the change to the descriptors.
Did you get a Statement of Reasons from the Tribunal, you can use this as evidence for this assessment?
Was your GP of assistance with your appeal, would they help again?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Ches
- Topic Author
13 years 1 month ago #76667 by Ches
Replied by Ches on topic Re:Urgent advice needed - regarding reassessment ESA!
Thanks Gorden for the post.
Contacted DWP today they have confirmed that I can formally request a extention on the deadline to complete the ESA50 this has to be done in writing directly to Atos. In the short term this is what I will do.
My Gp visited me at home yesterday and I have his full support. I have the Statement of reasons from the tribunal and will send this also. Plus many reports from various health professionals involved in my care.
I will also formally request a home visit and my GP has agreed to write a letter confiming this is required. As he confirmed I may need some intervention from other health professionals due to stress and impact this is having on my health.
Thanks again for your reply,
ches
Contacted DWP today they have confirmed that I can formally request a extention on the deadline to complete the ESA50 this has to be done in writing directly to Atos. In the short term this is what I will do.
My Gp visited me at home yesterday and I have his full support. I have the Statement of reasons from the tribunal and will send this also. Plus many reports from various health professionals involved in my care.
I will also formally request a home visit and my GP has agreed to write a letter confiming this is required. As he confirmed I may need some intervention from other health professionals due to stress and impact this is having on my health.
Thanks again for your reply,
ches
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- Gordon
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13 years 1 month ago #76672 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Urgent advice needed - regarding reassessment ESA!
Ches
I think I should warn you that it is highly unlikely that ATOS will agree to an extension to the ESA50 deadline. See the following FAQ
How long do I have to complete the ESA50?
Gordon
I think I should warn you that it is highly unlikely that ATOS will agree to an extension to the ESA50 deadline. See the following FAQ
How long do I have to complete the ESA50?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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