New ESA50 less than 12 months since the last one?

Hello everyone,

I received a new ESA50 in today's post. I didn't expect it until next month so I was very shocked to see it arrived so early. I had filled it in September 2012 with a decision being returned to me at the end of October 2012 (I was put in the support group for at least 12 months) with effect from 17th November.

I am currently awaiting gynae surgery so I'm not hoping to be able to return to work for at least another 12 months, if I'm lucky.

My question today is: why have I been sent a form to fill so soon since the last one? It's very upsetting, especially as there was no warning I'd be sent one now. Is this even legal or can that construed as harassment?

Thanks for your time,

Celine

Hi

They seem to be sending them out earlier and earlier. I was put in the SG group in August 2012 but not notified by the DWP until January 2013 and my migration from IB took place in February.

According to my ESA85A I should have had 12 months in the SG. But at the start of July got another form to fill in because they are taking my 12 months from August, when they made the recommendation and not from February when I actually migrated over. It is very unfair and distressing but what can you do?

I think about 2 months before the claim expires seems to be about the norm now. It's all very different from the old IB system.

CelineL wrote: Hello everyone,

I received a new ESA50 in today's post. I didn't expect it until next month so I was very shocked to see it arrived so early. I had filled it in September 2012 with a decision being returned to me at the end of October 2012 (I was put in the support group for at least 12 months) with effect from 17th November.

I am currently awaiting gynae surgery so I'm not hoping to be able to return to work for at least another 12 months, if I'm lucky.

My question today is: why have I been sent a form to fill so soon since the last one? It's very upsetting, especially as there was no warning I'd be sent one now. Is this even legal or can that construed as harassment?

Thanks for your time,

Celine

Hi CL,

Several of our members have reported the fact that they have received their new ESA50 for reassessment a lot earlier than expected.

As the effective date of your SG award seems to have been 17/11/12 with a 12 months prognosis, and the prognosis still has 4 months to run, this also seems to be early. Normally, one would expect to receive a new ESA50 around 8 weeks before the end of a prognosis.

Unfortunately, legally, you can do little. The prognosis does not form part of the ESA award, and is only a recommendation. (Even though the DWP usually abide by them)

They can legally reassess you anytime after 3 months of an award.

You have two options, you could simply fill it in and return it by the deadline.

Or, you could start filling it in now, and complain that it has been sent early, and inquire why.

You would have to ring the DWP 0845 number on any ESA letters that you have, and ask for an escalation to a supervisor in The WCA Team in The Benefits Office that deals with your ESA.

Unless you receive written notification that there has been an error, and that you do not have to fill in and return the ESA50 by deadline, you will have to do so.

You have nothing to lose by starting on The ESA50, as even if this is an error, you can still expect to receive another in the coming months.

You could also complain to your M.P., as even though these prognoses are not legally binding, they are given for a reason.

Contacting your MP

With respect to making a start on your ESA50 :

You might wish to consider Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

bro58

Thank you so much for your replies so far, it's really helpful. Grr and aah and *breathe*. I'm going to let it lie for tonight, get some shut-eye and get on the DWP's case tomorrow.

I'll keep you posted.

Celine

Sorry for the late reply, I thought I'd post an update.

I contacted both ATOS and the DWP: once again they're playing table tennis as to who is sending what and why, the lady at the DWP confirmed that, as the ATOS "advisor" made a recommendation dated 20th September 2012, that's why they've sent out a new ESA50 form now, despite the DWP making a decision to put me in the support for a minimum of 12 months from the 17th November 2012. I was advised to fill the form in in any case. *sigh*

I'm planning on visiting my MP's surgery tomorrow. I've not had positive contact with her in the past so I'm not raising my hopes up. I'll keep you all posted of any development.

I don't know what I would do if you guys weren't there so thank you so much for all your work and help.

Celine

I'm such an idiot! I've left filling the form until 2 days before the due date... Now I'm stumped on the first page where it's asking to provide contact details for the face-to-face assessment. It's put me off that new form. Actually, scrap that, the whole thing has put me off. Must fill up that form and catch the last post. *panic now*