ESA face to face

bro58 wrote: Hi M,

It is not absolutely clear whether or not you have made the initial claim for ESA since your last post some 3 months ago.

If not, you need to obtain a Med 3 "fit note" from your G.P. practice, you, or someone else can then make your claim for ESA using The ESA 1 Claim Form, or over the telephone, see : How to claim ESA Gov.UK

The "fit note" should be sent into The DWP when you make your fresh claim, keep copies : Sending Documents to the DWP or ATOS

There is also a Guide to ESA entitled : "Understanding Employment and Support Allowance. Our 42 page introductory guide to ESA." 2nd link down this page :

ESA Claims Guides

Once your claim has been accepted and administered payment of The Assessment Rate of ESA should ensue. (currently £72.40/Week for a single over 25 year old.)

The next thing to happen should be that you receive an ESA50 Questionnaire through the post, which must be filled in and returned by the deadline date that will accompany it.

When the time comes, you might want to consider : Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page :

ESA Claims Guides

The Mental Health Claims Guide is the 4th link down.

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

Although your CPN could provide evidence of your health issues and resulting limitations at an early stage, including your inability to have a Face to Face (F2F) "Medical", it is important that copies of any such supporting evidence are also included with The ESA50.

There is a section within the ESA50 regarding you having a F2F "Medical" it is here that you should give details of how and why you cannot go through a F2F "Medical"

The DWP/ATOS may send an : ESA 113 Questionnaire to your G.P. or treating HCP.

Having a F2F is covered at questions 6/7 and if one is issued it would be important that your G.P./CPN gave the correct supporting responses.

If you still receive an appointment for a F2F, you or someone supporting you, should contact ATOS ASAP :

Phone : 0113 230 9175. or 0800 2888 777

Or E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it. FAO : WCA Customer Service.

More information can be found : Here.

You are allowed to re-arrange a F2F once, and if you do need to contact ATOS regarding the above, they will probably insist that your G.P./CPN Faxes them in support of you not being able to go through a F2F.

If you can provide enough compelling evidence, there may not even be a need for a F2F, as an award can be made on paper evidence alone.

Regarding your query on Non attendance of a F2F, see the actual legislation below :

“Claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity

38. (1) Where it falls to be determined whether a claimant has limited capability for work-related activity, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.

(2) Subject to paragraph (3), where a claimant fails without good cause to attend for or to submit to an examination listed in paragraph (1), the claimant is to be treated as not having limited capability for work-related activity.

(3) Paragraph (2) does not apply unless written notice of the time and place for the examination was sent to the claimant at least 7 days in advance, or unless the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.”

From :

www.legislation.gov.uk/uksi/2008/794/regulation/38/made

Disqualification of your ESA payments should only ensue, if you received an appointment for a F2F, you failed to contact ATOS, and did not take part in the F2F, and after receiving, filling in and returning a BF223 Form, you could not show good cause for non-attendance.

They are supposed to make allowances for claimants with MH issues.

Hopefully, they will take notice of your evidence, and will decide to make a decision without a F2F, therefore avoiding the potential problem of non-attendance.

I know this post is a lot to take in, hopefully someone who supports you will help.

You might want to Bookmark/Favourite this page in your Internet Browser. That way you can find it again easily and return to pose any further queries as/when they crop up.

Please do keep us updated.

bro58

Hi M,

As an add-on, you should be aware that fresh claimants of ESA are currently spending longer that normal periods in The ESA Assessment Phase before being assessed on paper or by virtue of a F2F, and then receiving a decision, see our news story :

Over half a million trapped in assessment phase of ESA .

So it may be some time from making your claim and being paid assessment rate ESA until you are assessed and given a decision.

Further, you should be aware that Maximus are due to take over the contract for ESA Assessment in March 2015 :

Maximus to take over WCA from Atos.

Therefore, if you have not been assessed by that time, you may well find that it will be Maximus, not ATOS who carry out the assessment.

bro58

Thank you for all the information, I have looked through your guides with my CPN.
Just a quick question - I haven't worked since April and SSP has run out but I am still getting half salary £379 per month from work. They will be going to a hearing soon to terminate me on capability grounds(I have had a report from Occupational Health stating I am incapable of any work)
Can I claim ESA without a P45?
Thanks