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ESA SG success to esa50 3/4 months

whybother83

hi I currently am on esa for mental health reasons have been on esa for some years now always had 0-9 points at medical and had to go to tribunal and got 18+ points and put in wrag however in may this year I had my assessment and to my suprise got awarded esa support group. Thinking I was Atleast going to have a break from the constant worry of the dwp stopping my benefits and jobcenter calling me in as im in the support group now however today a esa50 has Came and I really am worse then ever I know I am not sleeping anytime soon I don’t have a clue why this is happening so soon I don’t know what to do any advice would be greatly appreciated.

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Comments

poppy123456

Hi,
Unfortunately, there's nothing you can do but fill it in and return it by the date stated. For ESA they can re-assess you at anytime. Some get longer than others. Don't forget to send your evidence with the form. Good luck.

whybother83

Thanks I thaught that would be the case they told my sister that it’s because the examiner put on that I may improve i just can’t beleive that they have deliberately done this so soon because they know it’s been a problem for years and years for me and that a couple of months issnt gonna have changed my situation they must know the stress and anxiety these processes cause I really don’t think I can go through it all again so soon I thaught I was gonna have some time to concentrate on getting better this time with it being the first time that the examiner has actually listened and didn’t type a pack of lies like they usually do.

Chloe_Alumni

Hi @whybother83, I wish you the very best of luck. Please do let us know if there is anything else that we can do!

whybother83

Hi thanks for wishing me good luck I’m totally worried sick about it all it feels like the dwp are wanting to push people over the edge for the sake of it id have rather failed the medical and appealed as I had expected that rather then them making me think I was going to get a break from them then back to square one a few months later.
Thanks again

whybother83

Hi so my sister rang up the dwp and told them it had only been 3/4 month since last face to face and how the stress and worry this has caused was making things worse and I’d had to get meds upped to stronger ones etc etc and they told her the report had 6 months review on it so not to fill in this esa50 and I’d get another one in November however today a letter came from the assessment place saying they had not received my esa50 and to do it before 5th October.
Just don’t know what to do surely the dwp shud have told the assessment centre what they told my sister? Any advice on what to do now would be great
thanks

poppy123456

The ESA50 does not come from the DWP it comes straight from the health assessment providers and they can re-assess you at anytime. As you've received the form to fill in it must be filled in and returned, if you don't do this then you could be found fit for work for failing to return the form. I'm not even sure why DWP advised you not to fill out the form. This is not the correct advice. That form needs to be returned, i'm afraid with all your evidence to support your claim.

whybother83

Hi thanks for your reply the dwp told my sister that the recommended time to reassess was 6 months in the report so they would stop this esa review untill 6 months has passed from the last one which will be in November when they would send another. It was weeks ago when she rang them up she’s gonna have to call them up on Monday it’s really crazy this every time I have had a appeal Ive won and been left for Atleast 18 months before the dreaded esa50, will what she got told be on record for the next person she speaks too?

poppy123456

whybother83 said:

Hi thanks for your reply the dwp told my sister that the recommended time to reassess was 6 months in the report so they would stop this esa review untill 6 months has passed

That is not correct, sorry. For ESA they can re-assess you at anytime. The form does need to be filled in and returned by the date stated.

whybother83

That’s what the man from the dwp on the phone told her thlo my sis said he told her he put a note on the computer too saying not to send esa50 out till november or it would have been done ready to post before the due date. Nevermind I got a feeling that I’ll end up in court again anyways. Thanks for your advice it is appreciated

poppy123456

Putting a note on the computer won't make any difference because the ESA50 doesn't come from DWP, they don't send them. The health assessment providers send them, it has nothing to do with DWP. This is why it's never a good idea to get advice from DWP because they very often get it wrong. ESA can re-assess you at anytime, the length of time is just a guide. It can either be before or after that time.

BenefitsTrainingCo

whybother83,

I'm afraid it is correct that the DWP can reassess you at any time, legally. Like Poppy, I'd be worried about what would happen if you didn't return the ESA50. You could return it with a covering note explaining what your sister was told over the phone? But I think it would be risky not to return it.

When you are put in the support group, a decision is also made about whether or not you will be reassessed. Unfortunately, that isn't a legally binding decision in that even if there was a recommendation not to reassesss you, the DWP still have the power to do it if they decide to. If you don't agree with the comments about reassessment, you can't appeal (though you could complain). But it is worth paying attention to what decision about reassessment is made next time, if you get put in the support group. Unfortunately, whatever review date they suggest, and even if they said you shouldn't be reassessed, the law gives the DWP the power to reassess in any circumstances.

The law says they can reassess you if they think their most recent decision was wrong, if they want to check there has been a change of circumstances or just if it has been at least 3 months since the last decision. So unfortunately, the 6 months review recommendation in the report is just that, a recommendation, and doesn't have any legal force.

You might want to contact your MP about how the system just isn't working and is causing huge stress and insecurity which has made your health worse.

Will

whybother83

Hi thanks for your comment I know what poppy said is true it’s just the whole thing is a nitemare the dwp shouldn’t be telling us to ignore this esa50 and a new one will come in November if thats not the case. even November Is to soon Dwp man said it wud give me time to get used to getting screwed over by them again so soon.
I’ll get my sister to do a letter to local mp if it will help thlo thanks again

poppy123456

Hi,

I'm not sure how your local MP can help here. They can reassess you at anytime for ESA and the form really does have to be returned no later than the date stated on the letter.