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ESA reassessment
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11 years 9 months ago - 11 years 9 months ago #110323 by mangof
ESA reassessment was created by mangof
Hi, I have some questions related to my ESA reassessment.
I am expecting to get a form sent to me later in the year but want to start filling it in ahead of time so that I can get it done OK.
Last time I was transferred from incapacity benefit straight to the WRAG without a medical. On reconsideration I was put in the support group. (for two years from the original transfer date).
My condition is the same.
I have the last ESA form saved as a PDF.
Is it OK to send it in again with large sections which are just the same word for word? I was thinking of just updating some of the examples to more recent ones – eg a more recent appointment that I have struggled with etc - but keeping the main body the same.
Am I likely to be asked to a face to face assessment this time?
Have you found that people who are already in the support group are likely to get put in it again or not?
I am in the support group due to the exceptional circumstances clause. I had hoped that the form and evidence (from mental health worker) I sent in last time would have put me straight into the support group rather than the WRAG. However that didn't happen. I filled in an appeal form and sent in a short letter from my GP with it. After a long wait I was put in the support group on reconsideration. I guess the GP's letter probably helped.
If she will write the same letter again to send in with the form this time do you think that would help my case?
My GP is of the view that she won't write letters until appeal time as she doesn't think ATOS pay any attention to them in the first instance so she may not do it. A locum doctor who I had never seen filled in the ESA113 last time. They didn't write anything that was unhelpful but typically it wasn't tailored to the relevant ESA criteria.
Sorry this is so long. Thanks.
I am expecting to get a form sent to me later in the year but want to start filling it in ahead of time so that I can get it done OK.
Last time I was transferred from incapacity benefit straight to the WRAG without a medical. On reconsideration I was put in the support group. (for two years from the original transfer date).
My condition is the same.
I have the last ESA form saved as a PDF.
Is it OK to send it in again with large sections which are just the same word for word? I was thinking of just updating some of the examples to more recent ones – eg a more recent appointment that I have struggled with etc - but keeping the main body the same.
Am I likely to be asked to a face to face assessment this time?
Have you found that people who are already in the support group are likely to get put in it again or not?
I am in the support group due to the exceptional circumstances clause. I had hoped that the form and evidence (from mental health worker) I sent in last time would have put me straight into the support group rather than the WRAG. However that didn't happen. I filled in an appeal form and sent in a short letter from my GP with it. After a long wait I was put in the support group on reconsideration. I guess the GP's letter probably helped.
If she will write the same letter again to send in with the form this time do you think that would help my case?
My GP is of the view that she won't write letters until appeal time as she doesn't think ATOS pay any attention to them in the first instance so she may not do it. A locum doctor who I had never seen filled in the ESA113 last time. They didn't write anything that was unhelpful but typically it wasn't tailored to the relevant ESA criteria.
Sorry this is so long. Thanks.
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #110335 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment
displayname
In principle you can simply copy the text across, however, you should be aware of the following.
The ESA Descriptors and Regulations were updated in January, so you cannot assume that they still apply to your circumstance, please review the latest ESA Guides for the changes.
www.benefitsandwork.co.uk/help-for-claimants/esa
You need to show that your condition(s) has deteriorated or remains the same as when you were previously assessed (see below), also you need to show that you have not improved because you have adapted to your condition(s).
As you qualified for the Support Group under the Exceptional Circumstances rules, the burden of proof lies with you to prove that you still do, at the time you are re-assessed, under normal circumstances you can rely, to some extent anyway, on old medical evidence, it is possible that it will not be sufficient for you to re-qualify under the EC's, so ideally you need to have up to date evidence if you have to go down this route.
I am afraid there is no way to predict whether you will be required to attend a face to face, not having had one before, does not mean that you will not have one in the future, it will, to a considerable extent be dependant on, the quality of the ESA50 and the evidence submitted with it.
Most claimants who are placed in the Support Group should expect to be placed there again if their condition has not improved, but there are no guarantees and changes to the ESA rules may also result in a change of Group.
You might want to point out to your GP that with appeals still running at about 12 months, their producing a letter of support at the outset can save the claimant considerable distress if they are awarded the benefit up front.
Gordon
In principle you can simply copy the text across, however, you should be aware of the following.
The ESA Descriptors and Regulations were updated in January, so you cannot assume that they still apply to your circumstance, please review the latest ESA Guides for the changes.
www.benefitsandwork.co.uk/help-for-claimants/esa
You need to show that your condition(s) has deteriorated or remains the same as when you were previously assessed (see below), also you need to show that you have not improved because you have adapted to your condition(s).
As you qualified for the Support Group under the Exceptional Circumstances rules, the burden of proof lies with you to prove that you still do, at the time you are re-assessed, under normal circumstances you can rely, to some extent anyway, on old medical evidence, it is possible that it will not be sufficient for you to re-qualify under the EC's, so ideally you need to have up to date evidence if you have to go down this route.
I am afraid there is no way to predict whether you will be required to attend a face to face, not having had one before, does not mean that you will not have one in the future, it will, to a considerable extent be dependant on, the quality of the ESA50 and the evidence submitted with it.
Most claimants who are placed in the Support Group should expect to be placed there again if their condition has not improved, but there are no guarantees and changes to the ESA rules may also result in a change of Group.
You might want to point out to your GP that with appeals still running at about 12 months, their producing a letter of support at the outset can save the claimant considerable distress if they are awarded the benefit up front.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 9 months ago #110336 by mangof
Replied by mangof on topic ESA reassessment
Thanks for the help, Gordon. Much appreciated.
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