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no ESA50
I have a client who recently had a medical in relation to being transferred from IS (incapacity) to ESA. She was awarded 0 points. In the ESA85 the healthcare professional notes that there was no ESA50. I know this has come up before in a previous thread but just for confirmation - is an ESA50 not a necessary part of the process? Is this not poor procedure and possibly grounds to have a new assessment? Has anyone dealt with a similar situation that has gone to tribunal - what would a tribunal think of this?
I suppose one question would be what is meant by no ESA50? Presumably the HCP meant s/he had none in the bundle of papers for the client. In submissions for appeal papers, Ive seen the DWP note this simply as “Mr/s X. did not return the ESA50” ie not that the DWP did not send one out. Then the tribunal has not looked at the procedural issue of non-return of ESA50…........
I suppose one question would be what is meant by no ESA50? Presumably the HCP meant s/he had none in the bundle of papers for the client. In submissions for appeal papers, Ive seen the DWP note this simply as “Mr/s X. did not return the ESA50” ie not that the DWP did not send one out. Then the tribunal has not looked at the procedural issue of non-return of ESA50…........
I am trying to contact the client to establish whether she received and/or completed an ESA50. What if she didnt receive an ESA50 to start with?
It isn’t mandatory for new ESA claimants and is often omitted for people whose mental health issues mean they may not respond to or understand an ESA 50. The same always applied to the IB 50 too. The absence of an ESA 50 (or one that is returned but blank, which also happens) is not fatal to the assessment, and I’m not aware of anything different for migration..
It is accepted DWP procedure not to stop benefit if a client with mental health problems does not complete and return the IB50/ESA 50. However they should have then issued a ESA113 to the GP-but again this is procedural. The point of the ESA113 to check whether the client is mentally stable enough to attend a medical and isnt violent etc, as well as asking about the patients current condition and treatment.