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change of circumstances, now esa50
- Chlorinated
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10 years 4 weeks ago #133266 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
I received my esa85A and it says that I seem to have severe problems initiating and maintaining personal action based on my esa50 and also my doctors letter which directly states I am unable to do daily tasks.
I expected the form to say that I would have problems with other things descriptors as well e.g. coping with change, behaviours with others. Although problems with these are not directly stated in the medical evidence, they could be considered reasonable based on the description of my illness in the medical evidences.
1. Why do you think the esa85a doesn't talk about other descriptors? Did the assessor think they did not apply or did they just want to satisfy the support group criteria and move on to the next application hence not dwell on those descriptors?
2. This previous question is important because I am trying to backdate my entitlement. I am wondering if I should just focus on how I satisfied the personal action descriptor during the backdate period or if I should mention other descriptors as well. Since they have not been mentioned in the esa85a, perhaps there is no benefit in discussing other descriptors?
Thanks
I expected the form to say that I would have problems with other things descriptors as well e.g. coping with change, behaviours with others. Although problems with these are not directly stated in the medical evidence, they could be considered reasonable based on the description of my illness in the medical evidences.
1. Why do you think the esa85a doesn't talk about other descriptors? Did the assessor think they did not apply or did they just want to satisfy the support group criteria and move on to the next application hence not dwell on those descriptors?
2. This previous question is important because I am trying to backdate my entitlement. I am wondering if I should just focus on how I satisfied the personal action descriptor during the backdate period or if I should mention other descriptors as well. Since they have not been mentioned in the esa85a, perhaps there is no benefit in discussing other descriptors?
Thanks
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- Gordon
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10 years 4 weeks ago #133277 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic change of circumstances, now esa50
Amonia
Assessors process the ESA50, when looking for a Support Group, starting with the most likely Descriptors and working from there, you only have to meet one SG Descriptor for an award, so once they are satisfied that they can make a recommendation on this they tend not to go any further.
We would never suggest a claimant relies on their meeting one Descriptor when others may apply.
Gordon
Assessors process the ESA50, when looking for a Support Group, starting with the most likely Descriptors and working from there, you only have to meet one SG Descriptor for an award, so once they are satisfied that they can make a recommendation on this they tend not to go any further.
We would never suggest a claimant relies on their meeting one Descriptor when others may apply.
Gordon
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- Chlorinated
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10 years 3 weeks ago #133346 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
Thank you for your response. May I also ask:
1. With my COC letter, should I attach all my medical evidences and esa50 answers again or should I just mention in the COC letter, they should refer to my recent esa50 for medical evidences and esa50 answers?
2. I am trying to backdate for about 2 years. I can make a good case for the past 1.5 years however I am not sure about 2. I realised that 2 years ago I submitted an esa50 however I did not know how to answer the question as I didn't use the benefitsforwork guide at that time. As such I do not recall what I wrote/most likely did not answer them properly. If I apply for 2 years backdate rather than 1.5 they may use the esa50(from 2 years) ago against me. Would it be wiser to just apply for 1.5 years or should I try for 2 and just say I didn't know how to fill the form up 2 years ago. Or maybe I should say when I know I satisfied the support group descriptors 1.5 years ago, I don't know about exactly 2 years ago, so they should check the 2 years old esa50 and see if it allows them to backdate beyond the 1.5 years. What do you advise?
Thanks
1. With my COC letter, should I attach all my medical evidences and esa50 answers again or should I just mention in the COC letter, they should refer to my recent esa50 for medical evidences and esa50 answers?
2. I am trying to backdate for about 2 years. I can make a good case for the past 1.5 years however I am not sure about 2. I realised that 2 years ago I submitted an esa50 however I did not know how to answer the question as I didn't use the benefitsforwork guide at that time. As such I do not recall what I wrote/most likely did not answer them properly. If I apply for 2 years backdate rather than 1.5 they may use the esa50(from 2 years) ago against me. Would it be wiser to just apply for 1.5 years or should I try for 2 and just say I didn't know how to fill the form up 2 years ago. Or maybe I should say when I know I satisfied the support group descriptors 1.5 years ago, I don't know about exactly 2 years ago, so they should check the 2 years old esa50 and see if it allows them to backdate beyond the 1.5 years. What do you advise?
Thanks
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- Gordon
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10 years 3 weeks ago #133363 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic change of circumstances, now esa50
Amonia
If you are to have any hope of success then you need to show that you were experiencing your current limitations, 1.5 or 2 years ago, so whilst you can in principal use the entries from your ESA50 you must adjust your answers, where applicable, to how you were at this time and where you can, provide evidence that is relevant to this period.
Gordon
If you are to have any hope of success then you need to show that you were experiencing your current limitations, 1.5 or 2 years ago, so whilst you can in principal use the entries from your ESA50 you must adjust your answers, where applicable, to how you were at this time and where you can, provide evidence that is relevant to this period.
Gordon
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- Chlorinated
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10 years 2 weeks ago #133806 by Chlorinated
Replied by Chlorinated on topic change of circumstances, now esa50
Hi Gordan I think you missed the point of my question.
1. I am saying that I want to backdate 2 years ago however there may be a problem. This is because I completed an esa50 2 years ago without knowing how to complete the form(i.e. I didn't use the benefits for work guide), therefore the esa50 from 2 years ago may be used against me. I cannot remember what I wrote but I am sure the answers may not have been good e.g. I didn't consider the able to do reliably matter.
Therefore my questions was what would you advise, should I say that I didn't know how to fill the esa50 properly back then, or should I say they should refer to it and it may/may not allow the to backdate even further than 1.5 years.
2. Also, the evidences(doctor letters which will accompany my coc letter) have already been submitted with the recent esa50, should I send them again(i.e. treat the coc letter as an application in itself) or should I just ask them to check the evidences they have on file(with my recent esa50?
Thanks
1. I am saying that I want to backdate 2 years ago however there may be a problem. This is because I completed an esa50 2 years ago without knowing how to complete the form(i.e. I didn't use the benefits for work guide), therefore the esa50 from 2 years ago may be used against me. I cannot remember what I wrote but I am sure the answers may not have been good e.g. I didn't consider the able to do reliably matter.
Therefore my questions was what would you advise, should I say that I didn't know how to fill the esa50 properly back then, or should I say they should refer to it and it may/may not allow the to backdate even further than 1.5 years.
2. Also, the evidences(doctor letters which will accompany my coc letter) have already been submitted with the recent esa50, should I send them again(i.e. treat the coc letter as an application in itself) or should I just ask them to check the evidences they have on file(with my recent esa50?
Thanks
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- Gordon
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10 years 2 weeks ago #133825 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic change of circumstances, now esa50
Amonia
I do understand what you are trying to do.
IF you are to have any hope of success then you need to show that at the time of the last assessment (1 1/2 to 2 years ago), that you actually met the criteria for the Support Group, to do this you need to describe your problems as they were at that time and support it with medical evidence that is relative to that time, this can have been produced recently but must make it clear that your problems date back to the time when you are trying to claim from.
You do need to cover off the old ESA50 but your problems is far wider than this, in addition to explaining why you did not explain your limitations in a way that supported an SG award, you also need to explain why your medical evidence at the time did not and why you did not challenge the Decision at the time.
Gordon
I do understand what you are trying to do.

IF you are to have any hope of success then you need to show that at the time of the last assessment (1 1/2 to 2 years ago), that you actually met the criteria for the Support Group, to do this you need to describe your problems as they were at that time and support it with medical evidence that is relative to that time, this can have been produced recently but must make it clear that your problems date back to the time when you are trying to claim from.
You do need to cover off the old ESA50 but your problems is far wider than this, in addition to explaining why you did not explain your limitations in a way that supported an SG award, you also need to explain why your medical evidence at the time did not and why you did not challenge the Decision at the time.
Gordon
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