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Thread: ESA Re-Assessment Decision

  1. #11
    Quote Originally Posted by jw68 View Post
    "PS,i have no paperwork to take to the WCA itself,but i did send in some doctor's/hospital letters with my ESA50 when i sent that it some 7 weeks or so go...surely the person interviewing me will have perused those documents i sent in with my ESA 50??...YES?"

    Does anybody know if the interviewer will have looked at the documents that i originally sent in with my ESA50?...i did phone the DWP up some weeks ago and request that they return them to me,but they have not done so..
    They should read them before your face to face. DWP don't return supporting evidence....hope you sent copies not originals.

  2. #12
    Senior Member nukecad's Avatar
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    As noisynoodle says they don't return letters, reports, etc., which is why you should send copies not originals.

    They do return important things like passports, birth certificates, marriage certificates, etc. where they have asked to see the original.
    It's usually safer to take these to a jobcentre and have then scanned/copied there.

    The way it works with an ESA assessment/reassessment:
    • The ESA50 and anything you send with it are put in a folder (ESA55) and couriered to the Assessment Centre.
    • They stay there, in locked cabinets when not being used, until the assessment is done then they are couriered back to the DWP.
    • The DWP put them into locked cabinets for up to 13 weeks, and then move them to secure storage warehouses.
    • Once a claim is closed, then after 14 months the documents are securely destroyed.
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  3. #13
    I got the Assessors report today, which wasn't too bad apart from the bit where it says I got dropped off outside on the street and "walked 100m". It was nowhere near 100m, I'd be flat on my face well before 50m never mind 100m. But later on it says I struggled to walk 20m to consultation room. Again it wasn't 20m, but either way I struggled to walk it, so no way I could walk 100m if I struggle for 20m. At least I got the right result tho, ESA Support Group. But is it worth complaining about the 100m that is wrongly written?

  4. #14
    Senior Member nukecad's Avatar
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    Quote Originally Posted by abcd69 View Post
    is it worth complaining about the 100m that is wrongly written?
    Personally I wouldn't bother.

    Yes it's annoying but complaining about it is not going to change anything, for you or for anyone else.

    You'd just get a generic standard reply (basic brush off) and they would keep doing it anyway.

    Everybody, including the appeal tribunals, already knows that they exaggerate distances and take their exageration into account.
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  5. #15
    I had a VERY bad time at my re-assessment interview on Tuesday.

    The HCP was cold,aloof and formal from the start .A youngish lady of about 30 with very cold eyes,she did not introduce herself and got down to business straight away,this despite my being stressed and having to leave the waiting room more than once prior to the start of the assessment..She asked me questions about my condition..i answered all of them but whenever i tried to elaborate on any answer i wanted to give she just cut in,without apology,and asked me the next question...she did not apologise or even give eye contact as she did this.In the end after this had happened several times i asked her why she would not let me finish answering her questions.She just said that she had enough info already,and that anything else i had to say was not necessary.She had a despicable demeanour,and i will stand by my judgment of her whether i am passed fit for work or not.Something else that she seemed intent on doing was answering my questions for me....e.g.."What do you do during the day when you are at home...you watch tv yes??"

    I am pretty certain that i am going to be found fit for work,and to be brutally honest,it is having a massive effect on my life already.I just need somebody out there to confirm that i can still claim ESA (with EDP + SDP) while i am waiting for my MR and inevitable appeal,because having been made homeless before due to previous DWP decisions,i am once again very worried that it will happen again.

  6. #16
    Quote Originally Posted by jw68 View Post

    I am pretty certain that i am going to be found fit for work,and to be brutally honest,it is having a massive effect on my life already.I just need somebody out there to confirm that i can still claim ESA (with EDP + SDP) while i am waiting for my MR and inevitable appeal,because having been made homeless before due to previous DWP decisions,i am once again very worried that it will happen again.
    If you are found fit to work, your ESA, EDP and SDP will end. Only money you will get is PIP. You stick with PIP only until you apply to court to appeal to tribunal. You can only do this after a failed MR. Once confirmed by court you can then go back on ESA assessment rate. You might then get EDP and SDP But you cannot do that if you claimed universal credit, once you claim UC you are stuck on it. SDP is not paid on UC, so you will lose it even if you win tribunal.

  7. #17
    Senior Member nukecad's Avatar
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    If jw68 currently has SDP with the ESA then UC cannot be claimed, by law.

    The legislation passed in January prevents anyone with an entitlement to SDP claiming UC.
    It further stops anyone who had an entitlement to SDP in the previous month from claiming UC.

    Note that SDP does not have to be in payment, you can be entitled to it but not be being paid it.
    (eg. because you are living with someone, or someone claims CA for looking after you).

    So if you have an entitlement to SDP then it's the same as it was before UC -

    1. 'Old Style' JSA can be claimed during the MR period, or claim nothing.
    2. Then if you need to appeal you can either stay on JSA, or ask for ESA assessment rate to be reinstated, pending appeal.

    The disability premiums should be paid with JSA, but should not be with ESA assessment rate. (Although they sometimes have done, they don't know their own rules).
    We have had members stay on JSA whilst waiting for appeal, simply because of the premiums.

    Even if you don't ask for MR/appeal and accept that you are fit for work then you still can't claim UC if you have been entitled to SDP in the previous month, so could still make a new claim for 'Old Style' JSA.

    Note that this also applies to the other benefits that UC is replacing. (Housing Benefit, etc.)
    If you have an entitlement to SDP then you can't claim UC by law so are allowed to make a new claim for the old benefit.
    Last edited by nukecad; 04-25-2019 at 12:00 PM.
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  8. #18
    Thanks nukecad and abcd...It may be that i have to end up claiming JSA while my MR and subsequent appeal is looked at.As mentioned before,my biggest worry is that i am asked to find a job while i am claiming JSA,as i will have to turn any job offers/interviews down due to my condition.This will/could lead to my being sanctioned and having all benefits stopped,though as discussed previously,nukecad is quite certain that i will not be told to look for employment/attend interviews while i am claiming JSA (during time waiting for MR/appeal to happen).

    All of the above is in the event that i am passed fit for work after Tuesday's WCA.

    On a separate note,i am seriously contemplating writing a letter of complaint to whoever it may concern regarding the HCP's behaviour during aforementioned WCA,though i am mindful that asking DWP/Capita?/Maximus ? to look into my complaint would be akin to asking a student to mark his/her own exam paper.

    thanks again

  9. #19
    I wasn't aware of that new rule in Jan. I'll have to let a mate know who thinks he can't claim anything until after court accept tribunal appeal. How would someone claim jsa in that scenario?

  10. #20
    Senior Member nukecad's Avatar
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    Quote Originally Posted by abcd69 View Post
    I wasn't aware of that new rule in Jan. I'll have to let a mate know who thinks he can't claim anything until after court accept tribunal appeal. How would someone claim jsa in that scenario?
    Remember it only applies if you are eligible for the SDP with another benefit (ESA, HB, IB/IS, Jsa, etc).

    You claim 'old style' JSA by ringing the jobcentre, see this: https://www.gov.uk/jobseekers-allowance/how-to-claim

    Thre is also a special 'SDP helpline' that has been set up who can help, 0800 181 4049

    They can, and do, even get UC claims nulled and old benefits reclaimed instead if you had an entitlement to SDP but claimed UC by mistake after 16th Jan.
    They can do that because it is impossible by law to claim UC after that date if you are entitled to the SDP, so they should never have accepted that claim.

    Just for completeness here is the actual legislation banning UC claims for those entitled to SDP (It's a single page so easy to read).
    http://www.legislation.gov.uk/uksi/2019/10/made
    Last edited by nukecad; 04-25-2019 at 03:37 PM.
    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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