Returning questionaire on time?

"If your questionnaire isn’t received by the deadline set by DWP, and DWP are aware that you have a mental health condition, your Work Capability Assessment will progress automatically"

Is the above true and in reality?

This is what is supposed to happen for claimants known to have severe mental helath issues. However, I certainly would not rely on that if I had any alternative!

Hi GJ,

I agree with MHB.

I certainly wouldn't rely on this if you have others options.

Even if this was the case, you may find that you are fighting a disqualification of your benefit for not returning the ESA50 by the deadline, using the argument, rather than being able to use the argument before disqualification of your benefit.

bro58

Is the ESA50 just interested in what is happening now rather than paragraphs of things which happened many years ago. I am guessing that this form and granting of the ESA is not based on a greatly written sob story with the sympathy vote?

How much subjectivity and leeway do the people reading these forms have? I was thinking they just want to know why you are unable to work now in the present, and not about events that happened 10 or more years ago.

Is it just one persons opinion who can grant the ESA award without a medical? There must be some strict criteria they must follow?

Being awarded ESA depends entirely on meeting very specific criteria (descriptors). Historical date might explain why you have certain limitations and establishj background but you do not need to supply details of everything that has ever happened.

The ATOS employee that examines your ESA50 and evidence can recommend an award of ESA without a face2face assessment if s/he feels that there is enough information provided to do so. The claimant needs to match the answers to the questions on the form with the descriptors to get the best chance of an appropriate award. Our guides cover this in detail.

Just to say that I have merged 2 of your topics as it helps us if everything is kept in one place. You will find this easily in future if you bookmark it, or make it a favourite, on your web browser now