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selfless1

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  1. My friend WASN’T sent an esa50 form by MAXIMUS just the appointment time; therefore He is worried he will be disadvantaged going into the assessment. How bad is this situation? I feel if he had got the esa50 in he wouldn’t even be attending the assessment! hes being given conflicting advice to NOT GO and TO GO please read below: ---------------------------------------------------------------------------- AGAINST GOING:- 1 'recent interesting case has been brought to the attention of DPAC, which demonstrates that it is absolutely essential for claimants to refuse to undergo a WCA without first completing an ESA50, and to refuse to undergo a WCA with an ESA50 submitted for an earlier assessment.In practice, no claimant should agree to undergo a WCA without first submitting an ESA50 form with the most recent medical information. Go back to Maximus and ask them for a new ESA50 form. Ultimately, the legal power to require evidence rests with the DWP and not Maximus.' 2 I would contact them first thing Monday morning and insist the assessment is postponed and an ESA 50 form sent, and sufficient time given to complete it. If they don't allow that There are then grounds to appeal. Obviously this is very stressful,specially for those who are vulnerable. ----------------------------------------------------------------------------- FOR GOING- He's had his assessment date changed once. I think he will be skating on thin ice if he doesn't attend this one without really good cause. I certainly wouldn't demand anything. And, given you've indicated that he can attend in options 2 and 3 then I am not sure what a good reason would be I still believe he should go and see what happens. Things are, like last time, now at the last minute and anything extra you try and do now is going to be rushed. You could take up the offer of help from The Philantropist but I'm not entirely sure of the logistics and the last thing you want is an issue with an ESA50 that is submitted on the day If, for any reason, he doesn't get ESA (and remember he has had it for 15 years) there is an appeal process and you will have more time to formulate a Mandatory Reconsideration and, if necessary, an appeal after that it's a mess but the OP's friend is where he is. I'm very inclined to the view that he should go ahead (given the fact that he has already had a deferment) and see how it pans out. On the face of it (ESA for the last 15 years) he has a good chance of it continuing. If there is a problem then he can look to take it further. --------------------------------------------------------------------- it seems these are the options(can someone advise?) 1 Refuse to go full stop on Tuesday and demand another appointment 2 Go to assessment with a documented letter stating that this is completely unfair without an esa50 filled in and is evidence and grounds to appeal (if the assessment goes against us) 3 Go to assessment with a Downloaded and Rushed filled in Esa 50 form and demand it is handed in with other evidence at the assessment? anything else you may suggest??
  2. I’m writing this for the person in his own words as it’s less confusing - He urgently needs help SO PLEASE HELP. He has a medical assessment for ESA next week (JAN 10TH). Background- Long term mental illnesses-15 years, first medical assessment ever!, cancelled once to find an advocate-, assessment to be recorded. Suffers from alcoholism, severe depression, severe social anxiety/ social phobia/ BDD previous long standing, agoraphobia (bad body image issues) and paranoia. * No friends no family support network. Lives in a single room 8x8 foot, so no condition for a home assessment to take place There are questions below to experts. please help and offer any other tips etc? 1 He WASN’T sent an esa50 form by MAXIMUS just the appointment time; therefore He is worried he will be disadvantaged going into the assessment. How bad is this situation? I feel if he had got the esa50 in he wouldn’t even be attending the assessment! 2 Will the LACK OF HOME VISIT LOSE POINTS/FAIL? will he be penalized for going to actual appointment? 3 RECORDING- do i secretly record in case their recorder doesn't work? 4 The advocate is ‘only’ a well-being coordinator- hasn’t been to assessments before and is naive. Thinking MAXIMUS assessors are reasonable and will not try to catch people out/ and report honestly. Also says don’t worry regarding information on these forums? SUGGESTIONS? Information that has been collected for assessment: A summary of my medical problems B FULL MEDICAL HISTORY SARS C Doctor is writing an in-depth medical report with day to day issues etc D criminal Solicitor is writing a report, specifically – he got arrested over a disturbance that can be linked to his conditions. E civil solicitor is writing a report- he was put in hostels and was homeless twice due to vulnerable person type behavior, homeless, not taking care of himself e, nervous breakdown etc F Photographic evidence of living conditions/ state of his room, rotting food dirty etc? not suitable for assessment etc IS THIS ENOUGH OR CAN ANYONE OFFER ANY SUGGESTIONS FOR THE ABOVE OR ANYTHING ELSE?
  3. I am trying to help someone who has recently been given a medical assessment in 2 days. we are asking for a delay from maximus due to short notice and the fact that he has recently had a breakdown. we have the drs letter and it is quite good explaining the range of conditions confirming this. - the letter is asking for a few weeks as he also does not have an advocate to represent him. and that this will affect his anxiety and will be unable to attend without anyone there with him. a few questions 1 does this letter HAVE to be hand delivered for proof of delivery? as the deadline is tomorrow to cancel ( the appointment is the 7th) or can we just fax it? 2 we want it recorded- does the letter have to state this? or can we state this at a later time over the phone after we have cancelled this appointment or does it need to be done now. 3 will we have to supply the recording equipment? can they refuse? will this further delay the appointment?
  4. just been to his GP which is a different one from his old one (who went back to the us) since then hes hast had his 'own' GP just GPS hes seen. therefore no real rapport. unfortunately the GP hes just seen (today) wasn't very supportive and tried to convince him to go; she didn't seem to understand that these assessments are not fair assessments. She was loathe to write a letter as she said she wasn't sure it would help ! (put off the appointment) she said he couldn't possibly afford the £20! without even asking him if he could. he explained he had no support network at all and needed an advocate to speak on his behalf and time to prepare for the assessment. and she said 'probation is his support' they can help. network. (considering they threatened to breach him for being late one time, i severely doubt that) A few weeks ago he got a sick note from another GP (slightly more helpful) so he wouldn't have to attend a probation meeting and the GP today had read the notes and (we feel) assumed hes trying to get out of going to probation appointments or anything similar. The guys just got out of prison, having escaped a custodial sentence and is severely depressed and down. I felt the GP was extremely patronizing/ ignorant; we said if his money is stopped he could be homeless and then she handed us a telephone number with a housing advocate for people without accommodation. a situation hes trying to avoid! We eventually persuaded her to write a letter stating that hes had a breakdown and to defer the assessment till after Xmas. we asked for six weeks to eight weeks and she refused! she wouldn't put a time frame on the letter just until after Xmas. This letter will be ready on Monday but we feel it wont be as strong or as forcible as required, and will be written not from the Dr's point of view i.e I feel that the patient needs, but rather hearsay, i.e 'the patient feels that they need . ...'she simply isn't aware (or isn't bothered) regarding how these assessments work) can anyone offer any more advice? as were running out of time. thanks
  5. thanks for the advice. the home visit would be pointless hes had a breakdown, surely atos cant feel that doing home visit makes it any easier, its the assesment not just the getting there. any other advice?
  6. IF THIS SHOULD BE IN THE MEDICAL ASSESSMENT FORUM PLEASE MOVE. THANKS please help HI, belated thank you those who helped my friend with their prison advice. we managed to get this money restarted. he even had some money backdated unfortunately we could use some more advice. potentially a problem that is worse. but two days ago he had a letter stating that he must attend a medical assessment on 7th December. there are a few points to this 1 he was told when his money was restarted that he was told that he definitely wouldn't have to do an immediate medical assessment since it is not a 'new claim, but a rapid reclaim i.e linking the old claim. so can we dispute this????? 2 he recently moved address- strangely when i phoned the ESA to tell them of the move, they mentioned that they had to inform/ update the medical assessment team in case they want to contact him. this was a week for the medical assessment letter arrived. I'm wondering if the very phone call (change of address) itself 'triggered' the medical assessment call up? is this possible? Alarm bells rang when the ESA call center woman mentioned this but she played it down and i thought nothing further, but now.... * can we fight this assessment call up since he wasn't expecting one for the reason mentioned in 1 i.e its not a new claim? * also he had a sever breakdown three weeks ago, its documented at the doctors. If if his doctor states in in-depth letter that he cannot attend and needs at least 6-8 weeks to get himself together will this be accepted? 6 days with no notice is impossible for him, plus he hasn't managed to find a new advocate to represent him if he has to go- im not qualified to go. he needs time to prepare. ive been told if i just phone up myself to cancel for him they will just rearrange in approx ten days time. Can anyone offer any suggestions and answer the above points. WHATS THE BEST WAY AROUND THIS SITUATION? THANKS. hes just got his money restarted and he's now in danger of losing it again!!!! thanks again
  7. My friend was recently incarcerated in prison, after he got out we managed to get a rapid reclaim? as he was remanded in prison for 5-6 weeks. Under the 12 week linking rule it means he didn't have to go through all issues of a new claim. After much fuss, and many calls we managed to get his claim restarted (or so we thought) when he got backdated we noticed his money was short some 350-400 pound. We phoned his advocate who told him to write a letter of query and fax it from his local job center. the advocate then mentioned that he was told my medical letter ran out on the 20th of September, and to get a new one. After some thought we realized that sounds strange as he was written off for years (due to mental illness, chronic depression and social anxiety and pts. ) as suspected when we phoned it turned out he his rapid reclaim that should have taken him back to the same situation as before prison i.e 240+ a fortnight, has only got him to an assessment level of 70+ a week (140 a fortnight) . Would our suspicions be correct? that this means it is a new claim and not a rapid reclaim? he should be back in the support group. what is assessment rate? is this a mistake? what do we do now (if we send a medical not in, are we not just accepting there decision) any advice needed. * he was remanded in custody for 6 weeks and then was released with a suspended sentence. we made the rapid reclaim withing the 12 week linking period. any and all advice needed today thank you and we were told it would go back to the same rate as before.
  8. UPDATE: My friends esa has been restarted and was backdated from the moment he left prison. But theres a problem. under linking rules (twelve week period) he should have gone back to the way it was before? but he is now on an assesment rate of 70 a week whereas before he was on 240 a fortnight. this cannot be correct. he was on remand in prison, he got sentenced but received a non custodial sentence. what can we do?
  9. Hello I hope you can help - I have someone who is a decent human being but has been put is a difficult situation. Someone else was helping him before but I’ve been called on-board as the other person hasn't got the time. He has been on ESA for a long time, He suffers from severe social anxiety, depression, body image issues and also post-traumatic stress due to many issues; most of which are childhood-related, whereas the traumatic stress (I believe) was relatively recent (5 years ago) due a severe facial injury that required intense facial- reconstruction; (were talking hours of surgery and many surgeons) He has been on a continual downward spiral since as he has no support network and his heavy drinking with which he has used to cope with his social anxiety! This has now culminated with him having a psychotic episode a few weeks ago that resulted him being imprisoned for 6 weeks on remand. He received a suspended sentence plus counseling for drink. No one was hurt, though I’m assuming the experience hasn’t been pleasant for anyone that was involved. I cannot stress enough that the person Is decent human being that hasn’t had the help he’s needed for years. His ESA was such that even wrote him off (never needed a tribunal etc) but since coming out of prison he has found that his ESA has been stopped. Im assuming it was because he went to prison the last amount paid into his account was june 6th! and nothing after this. He doesn’t have the skills to get it reactivated on his own! I have done some homework, and found that he is classed (still) as a remand prisoner as just being locked up from June 6 to approx 5-6 later! I believe from my own research (limited) that..... 1 There is a 12 week period within which the EAS can be re-activated / or linked) is this correct? 2 and that this means that there is not major/ substantial extra information needed to be sent to the dwp? And that it is merely a case filling in a new form and re-activating the claim? 3 However he hasn’t been in proper contact with a DR due to him slipping off the radar in terms of doctors notes (he hasn’t needed them for over three years, so you can imagine that someone who suffers from such conditions has simply let things continue!) will he need one now? 4 Or is it simply a case of filling in the correct forms etc? He has no money since coming out of prison- his rent was paid by housing benefit but the short-fall which was made up by himself with the ESA which obviously means the current situation is-not sustainable 5 he will not need to see Atos, surely if it is simply the case of linking the claim? In conclusion I’m unsure which type of ESA he was on but I’m sure it falls within the category of not needed to attend any support group. He hasn’t needed to supply an updated Dr’s note to Atos or the dwp. I have not phoned the ESA yet on his behalf as I’m not sure if I’m up to the task. But the idea is I would like to get the ESA up and running the way it was before, but obviously to try and get him some type of support group as well. Can anyone help? As the 12 week cut off period is looming? Thanks
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