Sent off my form. Now what?

hughie1

Posted my ESA50 and a bundle of evidence a few days ago. Late by 2 or 3 days.

It's for existing claim. First reassessment for ages. 

Some questions. 

1. Does anyone have any idea the amount that do not go for an interview / medical?
2. Are they still doing them via phone / video?
3. If I'm asked for interview, how long until I will get a date?
4. How much time between notifying letter and the date?
5. Anything else I should know? 

poppy123456

1/ paper based assessments are rare, most have assessments. I don’t believe this is included with the stats. You can see them here https://www.gov.uk/government/statistics/esa-outcomes-of-work-capability-assessments-including-mandatory-reconsiderations-and-appeals-december-2022/esa-work-capability-assessments-mandatory-reconsiderations-and-appeals-december-2022#:~:text=The%20statistics%20show%3A,19%25%20were%20repeats%20(5%2C300)

2/ yes
3/ There’s no timescales 
4/ a couple of weeks

hughie1

poppy123456 said:

1/ paper based assessments are rare, most have assessments. I don’t believe this is included with the stats. You can see them here https://www.gov.uk/government/statistics/esa-outcomes-of-work-capability-assessments-including-mandatory-reconsiderations-and-appeals-december-2022/esa-work-capability-assessments-mandatory-reconsiderations-and-appeals-december-2022#:~:text=The%20statistics%20show%3A,19%25%20were%20repeats%20(5%2C300)

2/ yes
3/ There’s no timescales 
4/ a couple of weeks

1. How do you know this if no statistics?
3. Are we talking a few weeks or few months? 

poppy123456

I'm basing it on many thousands of threads since i've been here, which is almost 6 years. Paper based assessments have always been rare but possible.

Timescales, it could be weeks or months, i'm afraid i have no idea. A few members here have returned their forms and had WCA appointments already and it's for a review.

hughie1

poppy123456 said:

I'm basing it on many thousands of threads since i've been here, which is almost 6 years. Paper based assessments have always been rare but possible.

Mine is a reassessment, and my last reassessment was in 2016, which was esa disallowed. Then overturned at tribunal in November 2018. Tribunal said Do Not Reassess. Will this not make huge difference? 

Timescales, it could be weeks or months, i'm afraid i have no idea. A few members here have returned their forms and had WCA appointments already and it's for a review.

Returned them when? 

poppy123456

If the Tribunl said not to reassess then this would be the severe conditions group, so i'm surprised you've been sent the forms for a review. The assessment providers will likely not know about the Tribunal decision.

I have no idea exactly what those members returned the form.

hughie1

Know if they have a backlog or anything or of delays for any other reason?

Do they give you the option of in-person, video, call?

I'm just so anxious, especially after the last one of these I attended went bad and led to 2.5 years of stress before it was overturned. 

bg844

Backlogs are long at present and you can be expecting to wait several months to hear something. 

If an appointment is needed and sent, you can call the assessment provider on the letter received and ask them to change it to whatever sort of assessment type you prefer.

poppy123456

Some areas have no backlogs and some claiming UC that are under review have received an appointment for an assessment within weeks of returning the UC50 form.

WhatThe

Hughie, have you asked DWP why?

You do not need to be reassessed unless DWP has evidence that you no longer meet the qualifying criteria. Do they? Of course not. The determination reached at Tribunal stands until a fresh determination is made and since DWP failed to follow the correct procedures in 2016, why would they now? 
 
When there is good reason to believe that a claimant no longer has the condition that resulted in the decision for having LCW or LCWRA in ESA, they can be referred to CHDA for a WCA. The claimant will retain the decision they have LCW or LCWRA until a review WCA has taken place and a further decision is made.
  

Jimm_Alumni

I wonder if you've slipped through the gaps because the "do not re-assess" policy came into effect in late 2017, after you were assessed but before the tribunal result. 

Claimants will be told if they will not be reassessed following their WCA.11 This means that if a person has not undergone an assessment since September 2017, they will have to be reassessed for it to be determined whether they meet the “severe conditions” criteria for switching off future reassessments

Your assessment was before this date, but the tribunal was finalised after this date. I am curious if the DWP is re-assessing you because they have simply looked at your last assessment date and not considered any tribunal results somehow?

poppy123456

@Jimm_Scope you make a very interesting valid point there. When the Tribunal made the decision they were reconsidering the decision that was made by DWP on X date and to see if that decision was correct. As the rules for severe conditions group weren't in place at that time i don't know if the Tribunal could have awarded that at that time but i suspect they couldn't have.

If this is the case then DWP can review you at anytime. LCW/LCWRA are both ongoing awards until a new decision says otherwise but this doesn't mean they can't still be review anytime. If the worst happens and DWP do find a claimant fit for work after a Tribunal decision then they have to give good reason why they did this, providing the claimant gave enough of information when filling out the forms.

Jimm_Scope said:

Claimants will be told if they will not be reassessed following their WCA.11 This means that if a person has not undergone an assessment since September 2017, they will have to be reassessed for it to be determined whether they meet the “severe conditions” criteria for switching off future reassessments

You can see the above quote here in this House of Commons link here. https://researchbriefings.files.parliament.uk/documents/CBP-7820/CBP-7820.pdf

Jimm_Alumni

Yes, there's where I got that information from.

I understand the DWP has messed up a lot, it's really frustrating, but it looks like @hughie1 may be correctly being re-assessed.  If this time they are found to fit into the severe condition group then indeed they should not be re-assessed again without some kind of change in circumstances.

It is possible the tribunal gave a ruling that cannot be fully applied because of technicalities, it could award the LCWRA, but may not have had the ability to decide on the re-assessment point. I am not sure if it's possible for the tribunal to give a ruling of "do not reassess" to an assessment before September 2017, that would be a question for someone with more expertise than me to answer.

It's a complicated thing benefits, as I am finding out, especially when the policy changes so much.

WhatThe

But Jim, he was incorrectly found 'fit for work' last time..
  

poppy123456

WhatThe said:

But Jim, he was incorrectly found 'fit for work' last time..
  

Yes and that decision was corrected by the Tribunal. This doesn't mean that DWP can't reassess them at anytime. 

They haven't yet had a decision on their WCA for this review and until that happens their Support Group award will remain in place.