ESA Unknown Award Period

[stigofthedump]

Hi I have two questions that I hope someone can help me with

 

1. I was awarded ESA SG in Sept 2013 without any interview/assessment (I did have previous advice from this forum). I have not been told how the decision was made and the time/length of the award. My Benefit Advisor told me to ring and ask for a particular form or something but the DWP Person on the phone was a bit abrupt and just said I would only need that form for appeal and said I can be reviewed at anytime. Im in Glasgow and my turnaround time was within 6 weeks and a total surprise. Just don't know how I was awarded it points wise etc.

 

I didn't want to push it just in case it triggered an unwanted review so let it drop. Since then my sister and brother have both been told in their award letters the award period. So I feel a bit in limbo. Stupid I know but I hate the unknown. Should I be asking for anything in writing?

 

2. I thought migration from IB/SD to ESA was to be completed by April 2014. A friend of mine is worried senseless just waiting for the letter to drop through the letter box because they have not heard anything. I know there are delays etc but I cannot find anything that states the April deadline is to be extended.

 

Any advice will be appreciared

[rebel11]

Hi stig

 

What you can do is send them a SAR request, they have 40 days to respond. Doesn't cost you anything. That should give you all the information you seek. You should just ring them, that way you are in control as much as you can be. With the ESA they say it's for a period of 9 months, but send you forms after 6 months.

 

April 2014 might be what they hoped to complete by, but they are probably running behind.

[stigofthedump]

Hi stig

 

What you can do is send them a SAR request, they have 40 days to respond. Doesn't cost you anything. That should give you all the information you seek. You should just ring them, that way you are in control as much as you can be. With the ESA they say it's for a period of 9 months, but send you forms after 6 months.

 

thanks for the reply. Is 9 months standard? My sister was awarded hers for 2 years apparently.

Edited February 22, 2014 by stigofthedump
error

[RaeUK]

I'm surprised they didn't tell you over the phone as that's usually what happens. Maybe the person got a bit confused because you were asking for a particular form? Try again. Just give your BDC a ring, explain you're in the ESA SG and would like to know how long that award is for, please. It can be for any length of time up to a maximum (I believe) of three years.

 

EDIT: Mine is for the three years and I had no problem getting that time limit from my BDC by phone.

[**Margaret**]

:stigofthedump:

 

Hmm...... I've never known Jobcentreplus to specify the length of an award of employment n support in a letter cos they can, and sometimes do, reassess at any time from three months after the decision. Far more likely that your brother and sister were more successful than you at getting information off their ESA85/85A reports, The form that your adviser's suggested you ask for, is the ESA85A report of your work capability assessment and you're entitled to a copy whether or not there's an appeal.

 

Your report should be available for the cost of a phone call to your benefit delivery centre. If Jobcentreplus ignore a second call, repeat your request in writing via recorded delivery, before resorting to subject access. Unless you happen to want your claim history. When you eventually get a copy of the ESA85A report, it should state which descriptor or exceptional/special circumstances you met for the support component, and the recommended interval before reassessment.

 

Jobcentreplus are hopelessly behind with their schedule of reassessment for conversion awards from incapacity benefit. And they can't reset the deadline until they've found new assessment providers.

 

http://disabilitynewsservice.com/2014/02/doctor-recruitment-crisis-leaves-atos-begging-for-help

Margaret.

[rebel11]

Hi stig

 

I was just using 9 months as an example to demonstrate that although they say 9 months it's not written in stone.

 

It is possible to get them to put it in writing to you. Again the same caveat applies, they can send you another ESA50 at anytime.

 

 

Hi stig

 

What you can do is send them a SAR request, they have 40 days to respond. Doesn't cost you anything. That should give you all the information you seek. You should just ring them, that way you are in control as much as you can be. With the ESA they say it's for a period of 9 months, but send you forms after 6 months.

 

thanks for the reply. Is 9 months standard? My sister was awarded hers for 2 years apparently.

[stigofthedump]

Thank you all for your advice. I guess with the first person at the BDC being tad abrupt sort of made me feel guilty for asking. Maybe she was stressed that day and I will try again.

 

Thank you all for your comments

[rebel11]

Hi stig

 

Unfortunately, over the phone, as you say they could be stressed or poorly trained or don't care, they will tell you whatever, they give out false info all the time. It's a good idea to get as much information as possible regarding your claim.

 

Subject Access Request Form

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

https://www.gov.uk/government/organisations/department-for-work-pensions/about/personal-information-charter

[worried33]

The DWP seem to not want to give written evidence of positive decisions, my guess is incase they try to backtrack at a future date or records get changed, as well as it been possible evidence for further claims and disputes.

 

Here is what I mean.

 

On Ib I always got a decision letter whether successful or not. It stated how many points I got and length until next assessment.

 

On ESA I have never had a failed WCA, so I dont know if I would get decision letters for a failure, but on both my WCA's so far and the reconsideration I had at start of 2013 (from WRAG to SG) I never got a decision letter. I have also never been sent medical reports when I requested, the only way I have ever managed to get hold of them is either via appeals or SAR requests. That is I believe because by law they have to be provided. in those 2 circumstances.

 

The DWP provided my july 2013 WCA report to my DLA tribunal but because they didnt send me a copy it got disregarded as evidence. The DWP seem up to all sorts of tricks trying to catch people out all the time.

 

I asked for a DLA decision letter, didnt get it, instead I got a letter confirming payment which stated in big bold letters "this is not a decision letter". Those guys seem to really not want to send out decision/award letters.

 

However with all that said, when I rang up in 2012/2013 to check my prognosis time the operator was able to tell me quickly how long it was. I havent bothered to ring up this time round tho so currently have no idea how long my existing prognosis is.

 

Last year I had a WCA in late july. A decision was made in october, and I was given 12 months prognosis, its common knowledge now that the DWP send out ESA50's early so the full prognosis time isnt reached. I got my ESA50 in april, after a few queries I was told they backdated my decision to the date of my WCA, I sent a letter stating thats illegal. Didnt hear anything for about a month (did also send back the ESA50). Then eventually got a very short letter stating the WCA has been cancelled, no explanation or anything. I did of course eventually get another ESA50 but was in autumn, more in line with the 12 months. Someone who wasnt aware of the tricks been pulled would have had the early WCA instead.

[stigofthedump]

Why is everything so secretive. But that's seem the norm these days

[pin62]

Hello stig, I too was in your position, I got a phone call telling me I had been put in the support group and a letter would follow.That was on the 28th October I finally got my letter on the 23rd of January, I spoke to 14 different people who all promised they would send me the letter ,In the end I told them That I wanted the ESA benefit decider to phone me back and if they didn't then I was going to make a complaint and that I would go to my nearest Jobcenterplus to make the complaint this seemed to work I got my phone call and the next week got my letter, I'm still waiting for the P45. Hope this helps and good luck. If it hadn't been that the people on here giving their advice and best wishes I don't know what I would have done. pin62

[abc123def]

From what I have read, people who are put into the wrag are usually told of the length of the award. This is because the expectations on the claimant are different depending on the length of the award. However those who are put into the sg are often not told of the length of the (advisory) award because it is a movable feast that could change at any time.