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Do you have to be sent an ESA50 before a face to face medical assessment, with an ESA (WCA) re-assessment?
Apologies if this question has been asked before.
Does anyone know whether you have to be sent an ESA50 before a face to face medical assessment, with an ESA WCA re-assessment? And would be interesting to confirm what official the position is for new claims too.
Thanks in advance!
EKS.
ESA Regs 2013 appear to say that an ESA50 in certain circumstances may be required and in other circumstances must not be required.
17.—(1) Subject to paragraphs (2) and (3), the information or evidence required to determine whether a claimant has limited capability for work is—
(a)evidence of limited capability for work in accordance with the Medical Evidence Regulations (which prescribe the form of doctor’s statement or other evidence required in each case);
(b)any information relating to a claimant’s capability to perform the activities referred to in Schedule 2 as may be requested in the form of a questionnaire; and
(c)any such additional information as may be requested.
(2) Where the Secretary of State is satisfied that there is sufficient information to determine whether a claimant has limited capability for work without the information specified in paragraph (1)(b), that information must not be required for the purposes of making the determination.
In your case perhaps the LCW has already been determined and the face to face assessment is only to gather information to make a decision on LCWRA (Schedule 3 activities).