ESA Assessment? So soon after being given Indefinite

[Deb T]

3yr Incapacity/Severe Disablement was up in December last year. The original decision to first get that 3yr entitlement was first to not grant it, then it went to appeal and it given on appeal.

 

The three years were up in December 2011, and after a letter from the GP and a new form filled in it was given as 'Indefinite' in February this year.

 

What has now been received last week Sept 24th is an assessment for Employment and Support Allowance letter where they first want to call to 'talk' about how the changes will affect the claimant and then they want to send a questionnaire called Limited Capability for Work.

 

I assume this is the prequel to an ATOS medical etc?

 

Am I right to think that A/ It's pot luck who gets 'assessed' for ESA first? Just seems a bit odd that less than 8 months after being granted Indefinite re disability that they are now having to go through what appears like it all over again but with a different set of questions/criteria and ones which seem steeped against the individual.

 

Is the above unusual or standard?

 

--

 

Also, they want to speak to the claimant on the phone, this is something the claimant won't do, they don't talk on the phone at any point, one part of their illness is extreme issues where others are concerned, is there a way around this? I don't see the claimant ever speaking to them on the phone, what would be the next step?

 

More to come but for now this is it.

 

PS: Recently had to apply for a Blue Badge, this involved having to send a rather elongated form in (most of which did not require filling in due to Higher Rate Mobility aware, but still they wanted a plethora of 'documents' . Finally awarded at a cost of £10 ...

 

Any clues/ideas/way forward would be much appreciated.

Edited October 1, 2012 by Deb T
spelling

[**Margaret**]

Deb T:

 

Eighteen months into incapacity/severe disablement reassessment it appears that Jobcentreplus have neither rhyme nor reason as to their priorities for reassessment. Some claimants are being called at the end of a recommended period before reassessment. For the rest it is indeed pot luck.

 

Practicalities;

 

No-one, the claimant, you or anyone else, has to take a phone call from Jobcentreplus if they don't want to. Tis my personal choice to only speak to them on the phone when it suits me, and that's not very often! In your particular circumstances they'll try once or twice before giving up and sending an ESA50 questionnaire. Atos may want to arrange a face to face assessment by phone. Again, if you don't answer they'll simply give up and write to you instead.

 

Among the stickies on the benefit forum there's an excellent guide by :leemack: to completing the first part of an ESA50 form. Unfortunately, :leemack: wasn't able to complete the second part but Rethink's site has a guide to coping with the questions about cognition and mental health.

 

Best wishes, Margaret.

[Deb T]

Hi Margaret, thankyou for that,

 

So, let me try to clarify, there is no obligation for a person to speak with Atos/Jobcentre Plus on the phone and by not doing so they're not damaging any future assessment? (ok, as far as can be ascertained that is) and notwithstanding that simply by virtue of them not speaking to ATOS/Jobcentre they will simply send the form which out.

 

I have no idea as to why they'd want to speak to a claimant on the phone other than A/ To check they have a contact/route in to the claimant and B/ Because they have supposed stress monitors/lie detecting equipment (flawed as they are, I know because I've watched Jeremy Kyle haha) and want to try and fail the claimant even before it gets to the assessment stage.

 

It is on file with docs/ psychiatrist/ that the claimant has a problem, a real problem with phones, this was documented way before any claim for any benefits was ever made?

 

and it's been just 8 months, not 18 months since a reassessment for disabilty took place and where indefinite was granted.

Edited October 1, 2012 by Deb T

[**Margaret**]

:Hiya Deb T:

 

No obligation whatsoever for anyone to take a call from Atos or Jobcentreplus. I'm in the middle of reassessment. Two days after I'd ignored a second call an ESA50 questionnaire dropped through the letterbox. Just look out for the ESA50 in case it gets lost by Royal Mail.

 

Officially, the reason for phone calls is a new caring, sharing, face from Jobcentreplus. Make of that what you wish. Some claimants are happy, but many aren't, to accept the decision about their entitlement to employment and support allowance via phone because decision makers sometimes ask if there's any extra info to be submitted in support of the claim. Ignore the decision maker? If there's a real chance of extra evidence affecting the outcome of a claim Jobcentreplus will send a letter (think it's an IBM270) asking for it.

 

Was the February 12 reassessment for disability living allowance rather than incapacity/severe disablement?

 

Best wishes, Margaret.

Edited October 2, 2012 by **Margaret**

[Deb T]

Hey Margaret, Now you've mentioned it and after checking yes the Feb 12 was for DLA the rest just continued on from the original claim made 3 years 8 months ago.

 

Can you clarify what you mean by decisions made over the phone etc? Jobcentreplus phone you to 'identify you' but nothing in that phone call will stop them from sending you the ESA50 form will it?

[**Margaret**]

Deb T:

 

Was talking about the eventual decision to award, or not award, employment and support allowance being notified to the claimant by phone before Jobcentreplus sends written confirmation.

 

Almost all reassessment claimants, whether or not, the initial phone call is answered get sent an ESA50, unless there's a change of circumstances; hospital inpatient, terminal illness, etcetera, for which alternative documentation is required.

 

Margaret.

[Deb T]

Couple of quick questions.

 

 

 

1:/ They give a date to send the form back by, it will be a few days late and I mean a few. Due tomorrow but wont be able to send it until Monday due to the person having a few rough days of late and not really up for going through the last part of the form. Will a few days late mean they'll get snotty? really don't fancy phoning them up having to explain to them.

 

2:/ Also, is it worth enclosing a letter from a Consultant Psychiatrist who in their opinion deems the patient unfit for work for the foreseeable future (doctor has been away abroad so have been unable to contact them to do the same...which they would if they were available) Or should the Shrinks letter be held back ...I base this on the notion that they appear not to even read the form sent in but simply head straight to the 'medical assessement' route almost by default.

 

3:/ I have read Leemacks excellent guide to filling the form in, was there another part to come as in the mental health part or did something happen? also, is Leemacks guide still applicable?

 

Also, the declaration is a bit 'catch all' isn't it? almost as if they want you to give them the ability to contact anyone at any time and for any reason and that anything you send them they can farm out to whomever.

[reallymadwoman]

Couple of quick questions.

 

 

 

1:/ They give a date to send the form back by, it will be a few days late and I mean a few. Due tomorrow but wont be able to send it until Monday due to the person having a few rough days of late and not really up for going through the last part of the form. Will a few days late mean they'll get snotty? really don't fancy phoning them up having to explain to them.

 

Firstly, from what you say later, the claim is in relation to mental health in which case there is no comeback if the form is not returned at all. In any case, by the time ATOS realise it hasn't been returned and let the DWP know and then the DWP get around to do something about it, it will have been returned so no problem again.

 

2:/ Also, is it worth enclosing a letter from a Consultant Psychiatrist who in their opinion deems the patient unfit for work for the foreseeable future (doctor has been away abroad so have been unable to contact them to do the same...which they would if they were available) Or should the Shrinks letter be held back ...I base this on the notion that they appear not to even read the form sent in but simply head straight to the 'medical assessement' route almost by default.

Any medical evidence you already have should be enclosed with the form though you're right in that it probably won't be read. They don't even appear to read the bit about special arrangements you might need to attend the assessment. However, don't delay sending back the form waiting for evidence as it can always be taken to the assessment where it's possibly more likely to be read.

 

3:/ I have read Leemacks excellent guide to filling the form in, was there another part to come as in the mental health part or did something happen? also, is Leemacks guide still applicable?

The guide is still applicable. Unfortunately the mental health part is on hold due to illness.

 

Also, the declaration is a bit 'catch all' isn't it? almost as if they want you to give them the ability to contact anyone at any time and for any reason and that anything you send them they can farm out to whomever.

 

Hope this helps.

[Nystagmite]

I'm sure it asks on the form to explain why you're sending the form late?

[**Margaret**]

: DebT:

 

Rethink's site has a useful factsheet about the work capability assessments. Includes the descriptors for mental health issues and a guide to answering the questions for activities 11 - 17 on an ESA50.

 

The space for explaining a late return is on page 19.

 

Margaret.