ESA reassessment

iza

Hi, in 2018 I was awarded ESA ( I won my case in The  Court. My ESA was awarded for 2 years. Can someone explain to me what can I expect after my ESA award will come to 2 years end time. Thanks

Adrian_Scope

Hello @iza. Is you're in the support group, your ESA claim will just continue until you are reassessed and a new decision is made. I hope that helps!

iza

Hi @Adrian_Scope, thank you very much. 

iza

@Adrian_Scope but when I will be reassessed in December what is going to happen than? Do I will remain in old style ESA if they decided in my favour or they will try to move me to New style ESA? If the decide not in my favour what should I do than? 

Adrian_Scope

If you're successful you'll remain on your current old-style ESA @iza. But if they find you fit for work, you'll need to appeal. 
While waiting for appeal you'd have a couple of options, which could result in needing to claim Universal Credit but there's no need to worry about that just now. In the mean time, when it's closer to your reassessment, it's worth looking at where the tribunal scored you and focusing your attention on those areas when you are reassessed and seeing what evidence you can gather for that.

iza

Thank you very much @Adrian_Scope

Adrian_Scope

You're most welcome.

iza

Hi Adrian,  referring to " While waiting for appeal you'd have a couple of options, which could result in needing to claim Universal Credit but there's no need to worry about that just now." What are those 2 option are? 

Thanks 

poppy123456

iza said:

Hi Adrian,  referring to " While waiting for appeal you'd have a couple of options, which could result in needing to claim Universal Credit but there's no need to worry about that just now." What are those 2 option are? 

Thanks 

If the worst happens and you're found fit for work then you have 1 month to request the MR. While you're waiting for that decision you won't receive any ESA payments. The 2 options for you are, you can either claim Universal Credit or wait for the MR decision, then apply to Tribunal and once that accepted you can then go back onto assessment rate for ESA.

Do be aware though that if you claim UC you can never go back onto legacy ESA.

However, as Adrian has advised i wouldn't worry about it now. Try to relax, i know it's difficult but worrying will only make things worse for you.

Adrian_Scope

Hi @iza. As Poppy said, the options would be to appeal and wait (while not receiving any income from ESA) or to apply for UC but lose the option of returning to ESA even if the appeal is successful.

Hopefully it won't come to that and you're assessment will go well so you'll continue on your old-style ESA. 

iza

@Adrian_Scope, thank you very much for responding and explaining. Last time when I had to appeal I was forced  to be on JSA claim. I am single mum brining child alone with no any support from family as they all living abroad. If the situation will repeat again and my case will be with Tribunal for years I am afraid I will have no money to live on and I will end up in debts.  How can I than bring my son up normally than? Our live between 2013-2018 was already disaster. Another people incase of Tribunal case can be support by family. I do not have that option in package . I need to think what strategy to choose if I have to fight with DWP for years again. Even Bonaparte did not make any single move before he prepared his strategy. Sound like the government does not leave much space for strategy ( read options) when it comes to single mum. Logically thinking if I will have to undergo procedures of appeal with options of being on Universal Credit and win my case in the court and than cannot claim the benefits I won so were is the sense here? Can I be on JSA again than like last time? 

poppy123456

Unless you're claiming a severe disability premium in with another benefit then you won't be able to claim JSA. The advice given above is correct. I totally understand how worrying it is, i claim ESA myself. There's nothing you can do until you receive the work capability assessment form. Once the reviews are back on again there will be huge backlogs so it could be quite sometime before you receive the form. Please try to relax in the meantime.

Adrian_Scope

Hi @iza. If the worst was to happen and you lost ESA and needed to appeal (and claimed UC while you were waiting for appeal), although you can't return to ESA even if the appeal was successful, the decision should then carry over to your UC as long as there was no gap between losing ESA and claiming UC. So if the appeal awarded you Support Group, this would then entitle you to an extra element on UC (LCWRA). 

iza

Hi @Adrian_Scope, very much for your message dated 20 July.  I hope you are doing well. 
I just menage to sit to the computer today as getting back to rutine after 6 last months of lockdown took me longer than I expected so I am probably well behind with all updates and news. 

Comming back to my ESA reassesment topic I read all messages here all over again and I have few more questions. 

1) If my ESA was awarder only until 12/12/20, will the DWP in advance contact me personaly via post reminding me that the payment are about to stop soon? 
2) Will the DWP send me automatically any information about planned reaasesment and reassessment date & place?
3) Will the DWP  send me automatically the work capability form or should I request it now myself? 
4) Should I send them any copies of  medical documents already now? 
5) Should I apply on 12/12/20 straightaway for Universal Credit ? You had mensioned  to me that there should be  no any gap between old-style ESA and Universal Credit in case I will have to chalenge them again. I am trying to figured out what to do now  to not miss anything important within the next two months. We all know that time is flying especially if somebody like me. 

Warm regards Iza 

poppy123456

iza said:

1) If my ESA was awarder only until 12/12/20, will the DWP in advance contact me personaly via post reminding me that the payment are about to stop soon? 
2) Will the DWP send me automatically any information about planned reaasesment and reassessment date & place?
3) Will the DWP  send me automatically the work capability form or should I request it now myself? 
4) Should I send them any copies of  medical documents already now? 
5) Should I apply on 12/12/20 straightaway for Universal Credit ? You had mensioned  to me that there should be  no any gap between old-style ESA and Universal Credit in case I will have to chalenge them again. I am trying to figured out what to do now  to not miss anything important within the next two months. We all know that time is flying especially if somebody like me. 

Warm regards Iza 

1/ As previously advised because you're in the Support Group your ESA will continue until a decision's been made on your next Work capability assessment. Support Group is an ongoing award and doesn't just stop, so you won't receive any letter because it doesn't just end in December.

2/ When it's time for your review you'll automatically receive another work capability assessment form in the post, which will come straight from the Health Assessment Advisory Service, in a white envelope.

3/ Answered in point number 2.

4/ No, don't send them any evidence now, only send it once you receive the form and have filled it in,.

5/ No, you don't apply for UC on 12th December because your ESA doesn't just end. You're in the Support Group which is an ongoing award.

The advice given by Adrian that there should be no gaps only applies if you are found fit for work when you're next reviewed.

Please try not to worry. There's most likely huge backlogs because of Covid19 which means there will be delays with reviews.

Hope this helps.

iza

Hi @poppy123456, thank you very much for all information, they are very professional.  I highly appreciate you come back with all information to me straight away. I am getting a bit worried from time to time as a single mum with health problems and facing life chalenges all the time I really do not want to get into panic atac as I need a bit time to adjust to changes so I like to know in advance how to deal with important staff.
Thank you and wishing you a good day. 

poppy123456

You're welcome