Time limits for medical evidence when applying for benefits.

[Sparkles1]

I have just joined and have searched and searched to find out how to start a new thread. The "Start a new thread" just seems to have a list of members, but no instructions on how to start a new thead. Please help, and sorry for posting this on your thread.

 

My question is in regards to time limits for medical evidence when applying for benefits. Thank you.

[**Margaret**]

:Sparkles1:

 

From the thread that you're reading, click the back icon in the top left-hand corner of your screen to return to the thread titles.

 

Just above the heading; The Consumer Forums: Benefits and HMRC; there's a blue box to start a new thread.

 

Now, which benefit do you want to apply for?

 

Employment n support allowance needs a Med 3 (fit) note from your general practioner (or a Med 10 note from a hospital doctor if you're in hospital) sent with the ESA1 claim form or as soon as possible afterwards. For a telephone claim send a Med 3 or 10 to Jobcentreplus in the reply envelope that's received with the statement.

 

If there's good cause for the delay a claim for employment n support and the medical evidence can be backdated for up to three months.

 

A claim for disability living allowance needs a completed claim form, and copies of any medical reports you already hold sent with the form or as soon as possible afterwards.

 

Should The Disability n Carers Service or Jobcentreplus ask for specific evidence they allow between two weeks and a month dependent on what they want.

Regards, Margaret.

[maroondevo52]

Hello and Welcome Sparkles1,

 

I have started a new thread for you, please continue to post here regarding this issue.

 

Thanks,

 

Scott.

[Sparkles1]

Thank you both for your help.

 

I'm not sure if I should acknowledge your post here Margaret, or in the new tillhread? Perhaps I'll do both.

 

What I'm really trying to find out is, is there a time limit for evidence already supplied to DWP when sending in an ESA50. I sent one in about a year ago and am trying to get them to agree to various reasonable adjustments. However, I believe the ESA50 evidence is no longer relevant. I understand under Regulation 21 they are obliged to send an ESA50 form in order to ascertain whether an assessment is necessary.

 

I'm not sure if I'm explaining this clearly. What I really want is for them to send me a new ESA50 and allow the standard time for reply, in order that I can explain my new circumstances, and possbly avoid an assessment. Thank you in advance.

[**Margaret**]

:Sparkles1:

 

You're on the new thread.

 

Coincidentally, my current ESA50's ten months out of date. Partially for the same reason!

 

On behalf of others, I've dealt with this senario several times and it's a catch 22. Jobcentreplus refuse to issue a new questionnaire, then blather on (as do tribunal panels) about up to date evidence. However Jobcentreplus decision makers (and tribunal panels) are obliged to consider all the evidence.

 

Among my self-help group we either;

 

Submit an up to date statement to Atos, (with a copy to Jobcentreplus) detailing the new info, deterioriating condition, new condition, whatever.

 

Or, 'in all innocence';

 

Download an ESA50 from the internet. One completed copy to Atos and (in case they somehow manage to lose it) another copy to Jobcentreplus.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181478/ESA_50.pdf

 

Doubt either of the above will avoid a face to face assessment, cos of Atos operational procedures, but you may get a fairer assessment. Reg 21 isn't much help here. Atos, on behalf of Jobcentreplus, may request info in the form of a questionnaire. They don't have to.

 

Sincerely, Margaret.

Edited April 9, 2013 by **Margaret**

[RaeUK]

In my view, and I guess it would depend on the problem, I don't think medical supporting evidence can be out of date as such. With my last ESA50 I included evidence going back over a four year period as this highlights the deterioration of my health. Additional evidence that I came across after the submission of the ESA50 went only to the DWP BDC.

[Sparkles1]

Thanks to you all for your replies.

 

I know I did find information stating medical evidence must be no older than 3 months in order to be considered valid, and I saw this twice on the net. I may have to do a bit more research to see if I can find it.

 

As regards Reg 21 it does say they must send an ESA50 and allow the standard time. I would have thought that means there is no room for them to get out of it, but knowing "them" they will probably find a way. It's all very stressful and worrying.

 

Anyway, thank you for your help:-)

[**Margaret**]

:Reg 21:

 

'any information ...... as may be requested in the form of a questionnaire'

 

'there is sufficient information to determine ...... that information (a questionnaire) will not be required'

 

http://www.legislation.gov.uk/uksi/2008/794/regulation/21/made

 

There's any number of senarios that don't need an ESA50, including when Atos decide they've enough info from an already completed questionnaire. And yes, it's extra stress cos claimants whose conditions have changed during the months they've been waiting for an interview don't trust assessors to note the changes.

 

Time limit to return an ESA50 is now four weeks.

 

While it's true that decision makers and tribunal panels prefer current evidence, in my opinion, any evidence medical or otherwise is valid if it's relevant to the claimant's problems at the time of the assessment. Ten years old scan, mental health care plans, statement from a carer, audio record of an assessment, seen 'em all used in successsful appeals.

 

Margaret.

Edited April 11, 2013 by **Margaret**

[**Margaret**]

:Sparkles1:

 

Maybe you're in a completely changed situation that wouldn't normally need a face to face assessment. If so, and you've confirmatory evidence, you could try declaring a change of circumstances to Jobcentreplus.

 

Should you persuade Atos/Jobcentreplus to let you complete a new ESA50 can you let us know, cos it'd help other claimants.

 

Good luck, Margaret.

[Sparkles1]

Thank you Margaret. I don't actually have any contact with the jobcentre. The idea of a complete change of circumstances makes sense, as my old form bears no resemblance to my current condition (due to all the stress imposed on me by DWP and Atos). I was making progress until all this hit me. I am absolutely going out of my mind with worry.

 

I will try to work out what to do and will get back to you when I have some news. Thanks for all your help.

[**Margaret**]

:Sparkles1:

 

Just to be clear, if you do try the change of circs route you need to contact your benefit delivery centre (part of Jobcentreplus) rather than your local jobcentre. Their address and phone number will be on your assessment rate award letter.

 

Margaret.