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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA re-assesment

Elin
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Welfare Team, Grwp Cynefin, North Wales

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Total Posts: 10

Joined: 11 June 2020

HI I wonder if someone can offer me some advice:

I am currently supporting one of our tenants. He has been on ESA (IR) since the 20.07.18 and he was placed in the WRAG group on the 18.12.18.

He was re-assessed on the 31.05.19 and a decision was made on the 07.11.2019 that he was to be placed the support group.

I have looked in CPAG but I cant seem to find any thing re being re-assessed and to when the Support Group element should be awarded. They have allocated the extra support group element in his ESA as from when the decision was made by DWP which was the 07.11.19 and it has not been backdated to when he was assessed.

I just need to make sure that I should not request a late MR on this matter.

Many thanks

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Joined: 7 January 2013

Did the client request a supersession themselves or did DWP reassess of their own volition?

Elin
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Welfare Team, Grwp Cynefin, North Wales

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Total Posts: 10

Joined: 11 June 2020

It was the DWP

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Total Posts: 456

Joined: 7 January 2013

Then I think it should take effect from the date DWP initiated things.
If you’re looking in this year’s CPAG you can find more detail at p1304.

Elin
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Welfare Team, Grwp Cynefin, North Wales

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Total Posts: 10

Joined: 11 June 2020

Hi
I had miss understood the information that the claimant had provided. He was re assessed for his ESA on the 31.05.19 however he was placed in the support group as from the 07.11.19

The DWP called him on the 07.11.19 to re-assess his ESA claim - however when the claimant explained that he was re-assessed in May 2019 the advisor explained that the DWP never received the medical assessors report - there was no record of this on his file.

Therefore they only placed him in the support group from when they spoke to the claimant.

This is surely an error on the DWP part, as the claimant is being punished for the DWP not getting the report, and only placed in the support group from when they spoke to the claimant.

I have called DWP today to request a copy of the ESA85 sent out - but my thinking is that this will not be sent out as they have no copy on file as they did not get it following the medical easement.

We were planning on writing a late MR asking them to re-look at his claim as the claimant did not know he was supposed to ask for a review due to worsening condition - however I am not sure now which is the best way forward.

Any advice greatly received