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Thread: Illness worsened but ESA award time shortened??

  1. #1

    Illness worsened but ESA award time shortened??

    Hello: had an assessment recently and relieved to hear that still in SG.

    However when I phoned to ask for report, and asked for length of time before due to be reassessed, I was told 18 mnths.

    I find this odd as previously always been 2 yrs - and also my illness is getting worse and there are more of them! And the assessor seemed sympathetic etc.

    (I have wondered if it was because they were somehow taking into account *their* delay between sending ESA form and then calling me for assessment (6 months!) but surely they would take decision on next assessment from date of current assessment?)

    Is it worth appealing (can I even appeal?) ie. That it should be longer than 18 months before next assessment or am I better just leaving it, not rocking the boat? What is people's experience of this?

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    Personally I'd just leave it.

    Yes its annoying, but TBH they can reassess at anytime by law.

    So even if they said 3 years they could still change their minds and reassess after just one year, or leave it for 5 years.
    (In fact they did that between 2014 and 2016. They just added a couple of years to every reassessment due and did not do any reassessments unless there was a change of circumstances).
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  3. #3
    I think with Universal Credit looming getting the LCWRA added to the Support Group helps, maybe they're giving out less time for a reason just check with them once your 18 months is up maybe they could just do a paper based decision and you won't hear nothing! I'm not sure how ahead of behind they're with everything that's currently going on with reassessment's.

  4. #4
    Senior Member nukecad's Avatar
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    Quote Originally Posted by TimeLord View Post
    ...getting the LCWRA added to the Support Group....
    Just to point out that LCWRA is Support Group - They are the same thing.

    The ESA legislation has always called it LCWRA, since 2008.

    The DWP decided to call it Support Group, to wrongly imply that you got some extra support.

    For some unknown reason they stated calling it by the correct name again in UC.
    Last edited by nukecad; 05-10-2019 at 04:11 PM.
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  5. #5
    Yes Nukecad on my last assessment prognosis the letters all stated in capitals is awarded LCWRA and I guess once people start moving across that that will be the better term to use or just use both terms that way they'll recognise one of them.

  6. #6
    Senior Member nukecad's Avatar
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    Yes it's the correct term, which is why the law uses it.

    Limited Capability for work and Work Related Activity.

    Nothing there about any ficticious "support".
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  7. #7
    Quote Originally Posted by nukecad View Post
    Personally I'd just leave it.

    Yes its annoying, but TBH they can reassess at anytime by law.

    So even if they said 3 years they could still change their minds and reassess after just one year, or leave it for 5 years.
    (In fact they did that between 2014 and 2016. They just added a couple of years to every reassessment due and did not do any reassessments unless there was a change of circumstances).
    Thanks for the info. Doesn't seem as bad knowing that. And you're right. Will just leave it. But seems random/bizarre that the Health Practitioner would recommend less time if she's got access to notes from previous assessments and decisions and it's clear there's been a deterioration since and more diagnoses and recent documents to back that up. Maybe the current Health Practitioners don't have access to previous assessments and decisions).

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Abble17 View Post
    Maybe the current Health Practitioners don't have access to previous assessments and decisions.
    I believe that they only thing the assessor knows about previous decisions is which group you are currently in.

    Which is fair enough.
    The assessment is supposed to be about how you are now, not how you were last time.

    EDIT.
    They get told: The first day of incapacity, the diagnosed cause of incapacity, if it's MH related, and which group you are in.
    This is in the 'Customer Details' on the jacket (ESA55/WCA55) in which the ESA50 and your other paperwork is sent to them.

    You can see an example of this jacket and what is written on it by clicking on this link:
    https://www.whatdotheyknow.com/reque..._passthrough=1
    Some information is filled in by the DWP, some by the assessor.
    Last edited by nukecad; 05-11-2019 at 11:48 AM.
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  9. #9
    Interesting! Thanks. Do you know what 'Consent' and 'Target Date'mean?

    Yes fair enough as you say, they are meant to assess as you are now.

    Will be interesting to see what's on the Medical Report and the DWP Report when I get them.

  10. #10
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Abble17 View Post
    Interesting! Thanks. Do you know what 'Consent' and 'Target Date'mean?
    I've no real information.

    I'd guess that 'Consent' will be about if you have consented for them to contact you GP/other specialist.
    (That's given by default when you claim, but you can withdraw such consent).

    'Target Date' - when they should have it back to the DWP?

    Only guesses though.
    I've no doubt that there is something in the HCP guidance about what they mean and what should be in there, just a case of tracking it down.

    EDIT
    From what I can find in the assessors admin. guidance those fields should be filled in by the DWP before they get it.
    Getting hold of DWP internal guidance is a bit more tricky.
    Last edited by nukecad; 05-13-2019 at 03:23 PM.
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