Can I receive a UC50 form and an ESA50 form?

Peter1

I made a claim at the same time for Employment and Support Allowance (ESA) and a claim for Universal Credit (UC) in which I say that I have health problems.

I have received a UC50 form concerning my UC claim that I have filed and sent to the UC department and then I have attended a work capacity assessment, a report has been sent to the UC department and I am waiting for the result.

However, I have not received the ESA50 form for my claim for ESA claim.

I would like to know if the ESA department to assess my ESA claim will use the same information that is in my UC50 form without sending me an ESA50 form and will use the same result of the work capacity assessment of my UC claim without making me attend another capacity work assessment for my ESA claim.

I ask this question because my ESA claim is a different claim that my UC claim and ESA and UC are different benefits and different departments of the DWP deal with them.

Moreover, since I attended my work capacity assessment for my UC claim I have been diagnosed with a new medical condition to which I did not make reference in my UC50 form.

Hence, I would like to know if I can ask to the ESA department to send me a ESA50 form even if I have already filed a UC50 form in which I can make reference to this new medical condition

I would like to know also if I can ask the ESA department to make me attend a work capacity assessment during which this new medical condition will be taken into account even if I have already attended a work capacity assessment for my UC claim.

Peter1

I  say that I made a claim at the same time for Employment and Support Allowance (ESA) as for Universal Credit (UC), however; this is not correct because I made my ESA claim about two weeks after I made my UC claim

poppy123456

You will only need 1 assessment for both benefits because the assessments are identical. Once the decision is made on the WCA it will apply to both benefits. 

Peter1

The assessments are identical but the processing of my UC claim and of my ESA claim are at different stages because my ESA claim has been delayed for several months because the ESA department sent me a letter at the wrong address.

Hence, after I attended my work capacity assessment for my UC claim I was diagnosed with a new health condition and if my ESA claim would not have been delayed I could received my ESA50 form before receiving my UC50 form and before this additional health condition was diagnosed and I could have indicated this new health condition in my ESA50 form and this new health condition could have been taken into account during my work capacity assessment.

Hence, I would like to know what to do so that in his decision the UC department or the ESA department take into account this new medical condition.

poppy123456

At this moment in time you don't need to do anything other than wait for a decision on the WCA for UC. My advice remains the same and you will not have 2 WCA, when claiming both benefits together it's only the 1 assessment you have. 

You could have told them about your new health condition on the UC50 form, as you did say you had that before you received the UC50 form. Or you could have told them during the assessment. 

Peter1

I had some symptoms of this new health condition at the time I sent my UC50 form but I had not yet been diagnosed by my GP.

it is after I sent my UC50 form that this new medical condition worsen and I had to see my GP who diagnosed it.

poppy123456

It's not about a diagnosis anyway. What's more important is how those conditions affect you. This doesn't change the advice I gave. 

Peter1

As I say this new medical condition worsened after I sent my UC50 form so it affected me a lot more after I sent my UC50 form 

JonnycJonny

They are separate benefits and, yes, different teams within the DWP will deal with the admin around the claims - ESA letters come from the Job Centre. Whatever the assessment decision, it will apply to both claims & in future only one review / reassessment will take place rather than two.

I applied for New Style ESA first and the decision was then carried over to UC - that is, my Support Group status became LCWRA under UC. I was told UC would be handling all future reassessments in my award letter. It may be due to the eligibility requirements being different - ESA entitlement depends on NI contributions whereas UC is means tested.

Poppy has a lot of knowledge in this field - I would be inclined to accept her view even though this is just a Community forum not a professional advice body.
 
Very sorry to hear about your new diagnosis but remember these benefits are not judged on a specific diagnosis but your functional limitations as set out by you in the UC50 or ESA5O & backed up by professional evidence wherever possible.

Do not get into a pickle about all this - things will fall into place.

Best wishes.

poppy123456

Peter1 said:

As I say this new medical condition worsened after I sent my UC50 form so it affected me a lot more after I sent my UC50 form 

Yes but then you had the assessment and you could have given that information during that. 

Peter1

This new medical condition worsened after I had my work capacity assessment.

In the UC50 form there are several boxes to tick,  if this new medical condition would have worsened before I filed my UC50 form I would have ticked an additional box and if it would have worsened before I had my work capacity assessment I would have made reference to this additional medical condition during this assessment

Peter1

And, in case I have file also an ESA50 form I would tick this additional box.

JonnycJonny

I would sit tight for now & wait for the outcome of the assessment. The horse has bolted. Please don't fret - many claimants suffer from illnesses / disabilities that may suddenly worsen following an assessment ( a new diagnosis might even occur ) - you are not alone.

I believe you 'might' have the option of submitting new evidence in support of at a Mandatory Reconsideration if it comes to it - though you will need to seek professional advice in this regard.

Best wishes.

JonnycJonny

Just to add from what I have read on this forum once a claim has been accepted - be it for ESA or PIP -  you must be wary of informing the DWP of a change of circumstance unless you are completely sure it would lead to an improved outcome. 

It will only mean filling in more forms and then going through another assessment with all the stress and fretting that would entail.

poppy123456

JonnycJonny said:

I believe you 'might' have the option of submitting new evidence in support of at a Mandatory Reconsideration if it comes to it - though you will need to seek professional advice in this regard.

Best wishes.

As their health condition got worse after the assessment, if the worst happened and they have to challenge the decision then a worsening of condition will not be taken into consideration. 

Peter1 said:

And, in case I have file also an ESA50 form I would tick this additional box.

You won't be sent an ESA50 form because you've had the assessment through UC. As we advised, you only have 1 assessment and the decision will apply to both ESA and UC. 

Peter1

It is not a medical condition to which I refer in my UC50 form which has worsened but a new medical condition which has appeared

poppy123456

Peter1 said:

It is not a medical condition to which I refer in my UC50 form which has worsened but a new medical condition which has appeared

That doesn't change the advice that has been given many times. Please wait for the decision on your current WCA. If you have access to a journal once the decision is made the letter will be uploaded onto there. 

If the worst happens and you're found fit for work, they will not take the new condition into consideration if you challenge the decision.