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Just received my second ESA50 - worried now


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I was on Incapacity Benefit at one time and years ago was sent an ESA50. I filled it in, sent it back, and was granted ESA WRAG, and never had a WCA.

 

Now another ESA50 has arrived, and now I'm thinking they're going to haul me before a WCA this time. I'm also afraid that this means that my ESA has already stopped. Is this so?

 

BTW, should I take my time in sending it back, or send it back as soon as I can? Should it also be Special Delivery?

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It is perfectly normal for them to send another ESA50, and you could well end up having a WCA, it's impossible to guess who will or won't but they are gradually increasing the number of claimants who are seen.

 

Your ESA will not stop unless you either fail to return the form or fail the WCA. It should say on the accompanying letter when the ESA50 needs to be returned by, it's usually 4 weeks. Proof of posting (free from the post office) is adequate.

 

There's plenty of advice online on how to best complete the form, but if you have specific questions, come back and ask.

RMW

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  • 2 weeks later...

Thank you. I have two questions:

 

1. I told them I suffered from anxiety and paranoia, but in the grey pages, the question on "meeting new people", I said I didn't feel too anxious. I only hope they don't question this, as most of the time I don't feel too anxious in social situations, it's only later that problems may arise.

 

2. When I filled out the first ESA50 years ago, I had no problems with urinating unaided. But now, I have to use intermittent urinary catheters to do so, and I never told them about that in the meantime. Am I going to get into trouble over that?

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You are best keeping what you say as consistent as possible, the 2nd point this maybe a worsening of the condition , It wouldn't hurt to be able to back this up with some evidence from those who are treating you, ie Doctors or specialists in the form of their reports, it may be that you may now meet the criteria for the SG hence the requirement of evidence if available

 

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.

At least once a week experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing.

is the relevant descriptor /criteria for the support group
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Yes, Have you not got any sellotape or glue to re seal it?

the more consistent it is,

the less chance of them calling you in for a F2F farce,

Which are always better avoided if at all possible,

 

 

As their real purpose is to to find as many Fit for work as possible

( probably the underlying purpose for sending ESA50's out in the fist place ) as they will compare what you say between this and your previous one, looking for inconsistencies and other reasons that justify referring you for a F2F WCA

 

Should they ask you to attend a F2F farce (WCA) Make sure to request that it is audio recorded, you with a letter from your GP or any other HCP who cares for you like a nurse, you may be able to get a WCA in your home (Home visit) or travel to and from by Taxi,

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But I already ticked the box that said I had no problems with that, so if I cross it out and change my answer entirely, they'll think my story is muddled or inconsistent anyway.

 

If other people filling in the form make mistakes like that, then I'll happily correct it and elaborate.

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Do you remember or have a copy of your previous ESA50?

if your answers are the same then fine,

if they aren't then they may question why,

 

 

as for ticking the wrong box that could be a innocent mistake we are all human after all ,its upto you, / your choice,

but if in doubt, ring the CAB or Welfare rights and see if they can help you

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No, but I photographed the ESA50 this time after I filled it in. In any case, I'm sure the form has changed from the old one I filled in.

 

In that case, I'll put it down to an innocent mistake. I don't really want to start crossing things out or reopening and resealing envelopes, because then they'll know there's something fishy. In any case, I'm not usually anxious of meeting new people, strangers. It's afterwards when the problems start.

 

I've just reopened the envelope anyway because it turns out the photos I took are useless, so I'm going to have to scan them in to the computer instead.

 

Will they even accept the ESA50 if they see that the envelope is torn and has been resealed? Can I somehow get a replacement?

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just seal it with sellotape not a problem

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

There is nothing to say that you have to send it back in their envelope especially if the form and your evidence wont fit

 

 

just use you own envelope and just put the address details from original envelope on it

 

 

I sent it back Recorded or Special Delivery so you have a receipt and can track it (just me don't trust DWP for losing things).

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I'm about to send it off now, I've made scans of the pages I wrote in, and that should be it. If I find any corroborating evidence (medical reports) then I will send it later, as the CAB has told me I can do.

 

Just come back from sending it off, used original opened envelope (mainly because the ESA50 requires it) and send it Recorded Delivery.

 

So when can I expect a response? And will my current ESA rate still be paid in the meantime?

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Not sure how long before they respond, but yes you will continue to be paid at the same rate until the next WCA has been processed and the DWP has made their decision to either continue paying you at the same or higher/lower rate, if they move you from one of the 2 groups to the other, or cease paying you in the event you do not score enough points and are deemed to be FFW

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I seriously think I will be found fit for work. If so, can I choose JSA or will I be forced onto UC? It seems JSA is the lesser of two evils.
If you do happen to be FFW at your WCA , Then if you are intending to appeal the decision you can claim JSA until your MR mandatory reconsideration has been processed should the decision not be revised , You can whilst claiming JSA get a relaxed CC as they are aware of the situation with ESA claimants being FFW and appealing those decisions
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Thank you, Tommy.

 

I've just been reading up on the horrors of benefit sanctions this evening, and that has not helped my mental state much at all. I know I should only cross that bridge when I come to it, but I always tend to look at the worst possible scenarios, as anything else can only be better.

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don't - all you are doing is looking for the worst cases and panicking.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you, Tommy.

 

I've just been reading up on the horrors of benefit sanctions this evening, and that has not helped my mental state much at all. I know I should only cross that bridge when I come to it, but I always tend to look at the worst possible scenarios, as anything else can only be better.

Hopefully they will of sorted out the MR within the 1st month to 6 weeks of your request being received, So the JCP won't have ramped up things enough in that short amount of time for you to be getting sanctioned ,
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don't - all you are doing is looking for the worst cases and panicking.

 

You're right, I was so focused on the actual "risking losing benefits" side of things, that it never occurred to me that I should try to find a way of not needing them at all (which is, after all, what UK GOV would prefer), by improving my employment prospects and getting a job, or finding other ways to make money. There are plenty of opportunities out there!

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UPDATE: I don't know if I've mentioned it already, but I filled in and sent back the ESA50 on the 20th of March, when the deadline date was 4th of April. Now I'm not sure if they'll look at my form early because I sent it back early, but I'm expecting it for sure some time after the 4th of April.

 

HOWEVER, from the 12th to perhaps the 20th of April, I am housesitting for my sister when they go away for Easter, and they live outside of Bristol, whereas I live in Cardiff. So I'm going to be away from home during that time, but I am concerned if a letter arrives while I'm away for an appointment scheduled for that time period, that I will miss it and get into trouble. I can only think of calling my landlord every day and seeing if the letter has arrived and have him read it out to me, but I hear there's a number I can call to reschedule the appointment - maybe that would help?

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A couple of points.

 

You could advise DWP you will be away from your home for a week.

 

BUT it does beg the question that if you are fit enough to move from Cardiff to Bristol for a short period, whether you really are not fit for work, as any Doctors notes are stating. You mention housesitting for your Sister, rather than needing a break, staying temporarily with family near Bristol. Now your health might not cause this to be an issue, but DWP staff might nof view it that way.

 

I have read that it can be a few months between sending this form to DWP and the assessment. You would have to be very unlucky for assessment to be scheduled the week you are away. You should get a few weeks notice of the assessment and if the date is when you will be away, you could phone the assessment company to reschedule.

We could do with some help from you.

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I may have compounded the error myself by stating in the ESA50 that I would not be available for potential WCA in April due to "family obligations". Will that hinder my case?

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I may have compounded the error myself by stating in the ESA50 that I would not be available for potential WCA in April due to "family obligations". Will that hinder my case?

 

They might question family obligations. If they ask say that you are staying with family for a week.

 

If you say you are house sitting for family 50 miles away, then both DWP and their assessment provider will ask questions as to your health is allowing this.

We could do with some help from you.

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Well, if there is a WCA interview, then I'll just have to keep my wits about me. That's why I said the former and not the latter (Post #23) because then I would be causing problems for myself. Even though I probably already am. Then again, nothing might happen except staying on ESA, but I'm sure the DWP will be interrogative.

 

EDIT: BTW, by housesitting, I'm not cleaning the house from top to bottom, just feeding the pets.

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If you say you are house sitting for family 50 miles away, then both DWP and their assessment provider will ask questions as to your health is allowing this.

 

My only physical health problems are an overweight belly, bad knees and needing catheters to urinate. It's the mental health problems like anxiety and paranoia that make up the rest of my ailments.

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