ESA review from 2020

ScrFta

Hi.

Sorry in advance for the long post, just want to give as much information as I can.

My son is in receipt of ESA, he was placed in the work related activity group several years ago.

My son has epilepsy and this was his only health condition when he first applied for ESA. Although his epilepsy was not under control they still placed him in this group which he accepted at the time.

He then started having excruciating pain in his lower back and legs which after several hospital visits he was diagnosed with ankylosing spondylitis. This has left him relying more and more on myself and other family members for support. Also as a result of either his AS or the medication for it he now suffers quite badly with insomnia, he can rarely sleep at night and never knows when he will be able to sleep.

In 2019 he received a review pack for ESA, we completed this and returned it. He had a medical assessment on 28th January 2020.
Not long after this, the pandemic hit and we went into lockdown. I understand that this will have had an effect on response times but we never received anything at all from the DWP regarding the assessment. I have spoken to them several times over the telephone over the last 3 years regarding this and they always promise to get the decision letter sent to me but it never happens.

Most recently I took a call from the jobcentre who wanted to know if we had received a letter regarding a work based interview that he should have attended. (Strange as they normally just assume that letters were delivered) I proceeded to tell them that once again my request for the DWP decision letter had been ignored. They made a note of this and once again promised to sort it out.

Today my son received a letter, not the decision letter as requested but the medical assessment report. They are still clearly reluctant to send the letter I have been requesting for over 3 years.

The medical report states that, according to the medical professional, work is unlikely for at least 2 years and improvement is unlikely in the longer term.

Is there any way I can force the DWP to supply the decision letter I have requested (or admit it doesn't exist if that's the case!) Also, surely if the medical professional suggests that my son is unable to work due to his illnesses then he should have been moved to the support group for at least the 2 year period suggested and then reassessed?? (He has remained in WRAG the whole time)

Anyone have any idea what I can do now?

Thanks 

poppy123456

In the assessment report you received there will be a recommendation for which group, it will be towards the back of the report.  Please have a look to see exactly what it says. It will very likely say something like "recommendation for either LCW or LCWRA and the reason why they recommend that.

For WRAG they are not asking him to look for work so that suggestion doesn't mean the Support Group.

I can't answer the question of why a decision letter has never been sent.

ScrFta

I assume this is the page you mean 

poppy123456

Yes that's the one. It says he doesn't meet the descriptors for LCWRA, which is Support Group. It also says that there's no substantial risk if he were found capable of work related activity (which is referring to Support Group) This means no recommendation for Support Group was given.

I have no idea why a decision letter was never sent. If it had been sent then he could have proceeded with the MR but if that decision has actually been made and it was longer than 13 months then you're out of time to do anything about that now. Though this isn't his fault.

I would contact his local MP and tell them exactly what's happened and hopefully they will contact them on his behalf. https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/

Out of curiosity, what's the date on that assessment report?

ScrFta

The report date is 28th January 2020. Same date as the assessment.

I would contact my local MP but she is completely useless and never assists residents with issues against any local authority.

I think we will just have to ride this one out and wait for the new assessment that I've requested. I will keep pursuing this missing decision letter. If it turns out it was never sent would I be able to do anything then or is it still a case of the 13 month rule still applies?

poppy123456

Yes the 13 months maximum time limit applies so it will depend on when the decision was made. However, you could still put in a complaint telling them that the decision letter was never received and had you received it, you would have been able to challenge that decision.

Have you looked at the descriptors for Support Group to see if any of them apply to him? You can see them here. The links says LCWRA but Support Group is identical, this link just explains them better. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity