Employment and Support Allowance (ESA)
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Need Some Advice With My ESA50 Reassessment

Hello everyone, 

I hope you are all doing well and in the best of health and general well-being. I really would like some advice from the Benefits Training Co or any member in this amazing online community who knows very well the ins and outs of the ESA legislative process. I have very severe musculoskeletal problems and I'm frequently in pain because of my musculoskeletal problems.

Also, I suffer from a number of complex mental health problems that are very disabling and destabilising. Two weeks ago, I received a copy of the ESA50 form and I am to be reassessed again for the 6th time for the WCA.  I have always been in the support group of ESA.  At the moment I am in pain and also experiencing mental distress in regard to flashbacks and depersonalisation.

I can't cope with this form at the moment, and because my musculoskeletal pain has not improved at all, I don't think I will be able to fill in this form. I have always tried my level best to fill in the ESA50 form in the past, although this has always been exceedingly difficult and time consuming, but at least I managed to do it. My previously filled ESA50 form was in February 2017 and I received an 18 month prognosis.

My stress levels have gone over the roof, and I don't know what to do in regard to this matter, as in my area the CAB no longer offers this service and they are seriously under funded and most times their office is closed. No other agencies in my local area can help with benefits form filling.

I came across an article written by the CPAG titled Ask CPAG Online -Have you failed to submit an ESA50 Questionnaire?

It is a very good article and I would like to quote from this article the following: " Alternatively, it may be possible to persuade the DWP to decide that you have LCW without an ESA50, where, for example, there is strong evidence that you score 15 points in the work capability assessment, or that there would be a significant risk to your health if you were found not to have LCW. If the DWP has sufficient information to determine that you have LCW, it cannot require you to submit an ESA50."  

In this case, I would be very grateful if Mary, or one of her colleagues at the Benefits Training Co, can kindly advice whether this is possible to do or not, and how to go about this as I really would like to sort out this important matter as soon as possible. The deadline to return this ESA50 form is just in a week's time, and on top of that the form was received late, almost 10 days from the date it was written by the DWP?

Your kind help and or advice would be greatly appreciated. Thank you to everyone in this scope online community for all your kind help and support. 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    What you're talking about here is reg 35 special circumstances and is direct route into the Support Group. However, the ESA50 form needs to be returned no later than the date stated in the letter. If the form isn't returned then it's highly possible that you'll be found fit for work for failing to return the form. If DWP have on file that you suffer from mental health then there is some relaxed rules and they will allow extra time to return the form BUT it absolutely needs to be returned along with all of your evidence. More about reg 35 here in this link.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • crantockgirl3407crantockgirl3407 Member Posts: 17 Connected
    Hi @poppy123456, A massive thank you to you for replying to my post and providing such an excellent information. I greatly appreciate your kindness and support and this information will certainly be put to good use. Many thanks again.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hello crantockgirl3407

    There are certain groups that are treated as (in effect) unable to work without having to complete the ESA50 form.  This includes people for example those who would be at substantial risk to their mental or physical health if they were found fit for work.  This is the ‘exceptional rule’ as detailed by Poppy123456. The problem is, if you went down this route you would have to be some written detail of what this substantial risk is, and if possible evidence e.g. from a psychiatrist.  This means whichever way you turn you end up having to correspond with ESA. As such it may be best to complete the form, this avoids any potential problems with ESA stopping as the form has not been completed and returned.

    Maria



    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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