Employment and Support Allowance (ESA)
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Frequency of DWP Medical Assessments

Are there any guidelines, legislation or legal case studies relating to the frequency of these DWP medical assessments? My husband can talk and smile, despite his autism, ADHD, learning difficulties, and multiple mental and physical health problems... so they always decide he is not eligible, and we always end up back at tribunal, where they always reinstate his benefits. In the meantime, the disruption to our family income, and the amount of extra work involved for me in preparing for the tribunal is crazy... all this flippin beauraucracy (we also have two asd children) is crazy, and is the main reason that I have had to give up work. It won't be long before I lose my licence to practice, and then I will be unemployable too!

We won our last tribunal appeal on the 4th October last year, and this morning, here is the letter dated the 1st October telling him he needs to be assessed again! Surely this is discrimination. How can they be allowed to continue this nonsense? He is not going to get better....these are lifelong conditions! 

Replies

  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Welcome to the community @kiwi_1706
    I can completely understand your frustration. Unfortunately, reassessments can take place in as little as 3 months. 

    Disability Rights had this information about the changes in 2017, but there does seem to be a very small list of conditions that fall into the criteria:

    "On 29 September 2017, the DWP announced that ESA claimants in the support group and universal credit claimants with limited capability for work and work-related activity (LCWRA) will no longer need to be reassessed if they:
    • have a severe, lifelong disability, illness or health condition
    • are unlikely to ever be able to move into work

    Claimants will be told if they will not be reassessed following their WCA."

    There's a little more information on Benefits Aware about this too: 

    http://benefitsaware.centralenglandlc.org.uk/work-capability-reassessments/

    Senior Community Partner
    Scope

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  • kiwi_1706kiwi_1706 Member Posts: 24 Listener
    Thanks Adrian, That's very useful... I think he may qualify under that if I can provide them with enough evidence. :-)
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited October 2019
    I will add my two pence worth in here to. The DWP can, and does keep reviewing people and it pi55es me off, form after form. They well know I'm never going to improve, but again another review.

    I wouldn't advise you NOT to do this?  On my last ESA form and transfer to PIP I wrote

    "you know my full history and I'm sick and tired of you keep sending me these forms, making my well-being worse and time after time, and it's making me having to relive things of the past which I will never disclose to a stranger or at assessment ever again, you have all the medical and functional information time after time" No more.

     
    When I transferred from DLA to PIP I added all the above in, and more evidence, I was granted PIP ongoing.

    I've got to a stage now with the DWP and this Tory government, do what you want I really don't care anymore.
      
    Ps to add @Adrian_Scope I fit  that Criteria, but know didn't get put in that group on ESA which I fit.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    kiwi_1706 said:
    Thanks Adrian, That's very useful... I think he may qualify under that if I can provide them with enough evidence. :-)
    Hi,

    If he gained entry into the Support Group through regulation 35 (substantial risk)  then this won't qualify him for the severe conditions group. To qualify for the severe conditions group you must gain entry into the support group through one of the support group descriptors.
    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.
  • kiwi_1706kiwi_1706 Member Posts: 24 Listener
    Government_needs_reform... I completely agree. It's just a way of persecuting disabled people. I don't know if I am brave enough to put that on the form, but it good for you for putting it down.

    Poppy123456... I think he does meet the severe conditions group requirement. No doubt I will struggle to prove that, but it's worth a try... I really have no idea how he got into the support group... DWP are not exactly transparent... although I could ask for another copy of his records I guess...
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    @kiwi_1706 As I said I wouldn't advise you or anyone to state what I've said above. My reasons for doing it, is I had so much proof to back up my reasons for it.

    I had enough of an endless roundabout, and thought what the hell. So my PIP is safe, my ESA SG is safe  now, the next ESA50 I get they will get more of the same and worse. Most of my ESA award length has always been for over 4 years before another form.

    Touch wood my last two where done like my PIP, all paper based, no assessments, my evidence was well documented by my all health professionals. In the screenshot even the DWP decision maker agrees and done without having a face to face.

    I will never go to an assessment ever again, only over my dead body.


    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • kiwi_1706kiwi_1706 Member Posts: 24 Listener
    Brilliant!! I will def bear that in mind... these people regularly drive me right to the edge! Trying to support two disabled kids and a disabled husband, getting absolutely no support from health or social care, and then having to deal with medical after medical... honestly.... it is just too much. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @kiwi_1706, I'm sorry to hear you have so much on. Have you ever had a Carer's Needs Assessment? You are able to self-refer yourself online and it could allow you to access more support. 
    Community Partner
    Scope

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