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Assessment nearing ESA :(
- Mathew
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Mathew wrote: Yes I did contact them to make sure, they said a review to be carried out in 18 months. I've seen on this forum that people have been recalled for an assessment in 6 months surely that just causes more hassle and stress? Should i keep all paper work from the DWP for this decision to be used if I am called in the future
Hi M,
Yes, you should keep all paper work for reference purposes it will help when your next ESA50 arrives for reassessment.
On an 18 months prognosis, one would expect to receive a new ESA50 some 16 months after the active date of the current SG award.
On your next reassessment, the burden of proof will be on the DWP DM to show that your limitations have diminished in some way, in that you no longer qualify for The SG under the same qualifying criteria as you do now, if they wish to reduce/change the SG award.
bro58
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- Mathew
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- Gordon
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Mathew wrote: Feel really bad to keep asking lots of questions even though I have been given an award, could you change the title for me so it says that I've had the decision. Um my question now is about PIP, as the support descriptor I met was for unable to complete 2 personal actions.. Is any PIP descriptors the same as that? Because if so I could get my medical report copied and sent over to ATOS
There's no specific PIP Descriptor that looks at Executing Tasks but there are a number that require a claimant to be able to do this, for example' preparing food, washing and bathing, making decisions about money, etc. so you may be able to use your evidence in relation to these, but you need to look at the PIP Claim guide for a better understanding of what each Descriptor requires.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mathew
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Mathew wrote: I have contacted my doctors about if it's possible to do me a sick note until the award is up, which my doctor was cautious about doing as the DWP have sent him a letter saying no sick notes need to be issued anymore. My doctor has allowed me to have a copy of this letter that the DWP have sent to give to my current employer. But if they refuse to accept that as why I am not working what can I possibility do? Resigning under medical conditions seems the only option
Hi M,
It seems that your G.P. has "misinterpreted" the DWP guidance with regards to them not having to issue any more "fit notes" (Med 3 Certificate)
See : DWP Guidance to G.P.'s on Issuing fit notes (Med 3 Cert)
As far as "benefits entitlement" and The DWP are concerned, your G.P. no longer has to provide "fit notes" as the fact that you have been placed into The SG of ESA supercedes the need for further "fit notes".
The DWP have accepted that not only do you have Limited Capability for Work, (LCW, unfit for work) as they have placed you into The SG, they have also assessed you as having Limited Capability for Work Related Activity. (LCWRA, unfit for work related activity)
Therefore, a copy of The SG Decision Notice letter should be enough evidence for your employer.
If your employer insists on a fit note (Med 3) there is nothing to stop your G.P. providing one just for your employer. A private "fit note" should also be obtainable from your G.P. if absolutely necessary, but their would probably be a charge.
As an aside, The DWP cannot tell your G.P. whether or not they should issue a "fit note".
bro58
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