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  1. #1
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    ESA Farce

    Hey everyone,

    I've not been on for a while but I'd just like to tell you a little story (so far) of my wife's recent ESA issues.

    5 months ago, she had her esa50 drop through the door, obviously you all know how this feels, anyway I completed it and sent it back for her, along with good, important evidence, set out in an easily readable way. In that I stated that any f2f would be severely detrimental to her mental health.

    A couple of months later, appointment at local centre arrives, so I call, email and write to them, clarifying my position and requesting it be looked at again in the hopes of no assessment being needed, it was passed to a 'senior assessor' who decided she still needed to be seen. At which point I requested a home visit (GP letter) which was eventually granted.

    Roll on to 2 weeks ago. Home visit appointment through the post, my wife starts to prepare herself, the morning of the appointment (1.5h before) they call, cancelled. The mrs hits the roof, angry, frustrated and upset.

    Appointment rearranged for this week (today), whilst on the phone to them about recording equipment (they were adamant it has to be a single device capable of 2 copies, yet couldn't quote anything where it states that) the woman informed me that it was now with a different assessor (the third assessor we had been told would come!?!) and that this assessor is a mental health 'champion' (I use the term extremely loosely)

    Within 2 hours of that phone call, I get another one, informing me that she doesn't need to be seen and that her file has been returned to the DWP. I can see no other reason than the 'champion' looked at the evidence (which hadn't changed from the very beginning, no new evidence) and agreed with me that she doesn't need an f2f.


    Needless to say, she is now in an extremely fragile state of mind and I'm extremely concerned for her safety, so I have asked our MP to step in and try to speed up the decision process, as I don't think she will last a possible 6 weeks.

    So... as it's been over 5 years since we've had to do any ESA stuff:

    what are the possible decisions that could be made?

    Is there any action I can take against maximum for this obviously neglectful behaviour?

  2. #2
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    There are three possible decisions: fit for work, not fit for work, but fit to carry out "work-related activities" (WRAG) or not fit for work and not fit for "work-related activities" (Support Group). You can't be found fit for work without a face-to-face assessment.

    You can make a complaint to Maximus and to the DWP about the way the claim has been handled, but I would wait for the decision before doing that.

  3. #3
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    Thanks, I see.

    Can you be put in WRAG (from support group) without a f2f?

  4. #4
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    Quote Originally Posted by RobcarerT View Post
    Thanks, I see.

    Can you be put in WRAG (from support group) without a f2f?
    Yes, if the WCA is paper based they can award one of the 2 groups, so either award a different group or not change anything basically
    As for the audio equipment Maxi farce will provide this even for home visits, it's only PIP where they don't

  5. #5
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    Update:

    Ok so, she’s been put in support group (18months recommendation for review) when I called today to ask again for the esa85a and LT54, I was told there’s no reports available as if she wasn’t subject to a face to face, the report will be the esa50 that we filled in..... I was, unfortunately laughing a little at that.

    So I walked the lady through the steps, dwp pass to maximus, maximus review and recommend then pass report(esa85a) back to dwp, dwp makes decision(LT54) then decision notice is posted out.

    She said, and I quote “I’ve never heard of either of those forms!”

    ???????!!??!!!!!!??!????!?

    Do the dwp not train? Lol

  6. #6
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    They train on a need to know basis, phone jockeys don't need to know and what an operator doesn't know they make up
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  7. #7
    Senior Member nukecad's Avatar
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    Quote Originally Posted by David69 View Post
    .... what an operator doesn't know they make up
    Yes we have all had experience of that one.

    The number of times I have had to tell a phone jockey what the DWPs own rules are, never mind what the law is.
    You have to do it tactfully, some of them don't like being told they have been poorly trained.

    If you picked 10 regulars here at random and put them in a 'ESA quiz' with 10 random phone jockeys I doubt you would get odds on who would win. (and it wouldn't be the phone jockeys).
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  8. #8
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    Hi rob I was also messed around with getting an esa f2f also, my mp contacted them on my behalf, was told a f2f was no longer required, I was placed in the support group, this summer when I was expecting to hear about a review/ renewal I had a letter basically saying they would contact me in another 2 years,
    Hopefully your wife won't have long to wait fingers crossed

  9. #9
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    Received reports today:

    Zero points in ANYTHING, yet regulation 35 given, surely if you come under reg35, there MUST be other signs which would signal points earlier in the process?

    Or if reg29/35 is applied do they not bother with the points?

    Debating whether to take it up with them or not, obviously if I don’t they may turn round in 18months and ask why we didn’t flag it up then?

  10. #10
    Senior Member nukecad's Avatar
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    If regs 29/35 obviously applies then there is no need to do any points scoring.

    They may still do in certain circumstances and there is a form that the decision maker may put down what he thinks you might have scored if the assessor had asked the questions.

    But it's not needed, especially if reg 35 applies.

    TBH I think they only do it if they use 29 but not 35.

    A support group decision overrides any zero points score. So if it's obvious SG then why do the points bit.
    Last edited by nukecad; 10-14-2017 at 04:53 PM.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

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