The writer of this blog item, and several Rescare members to our knowledge, have by now had the experience of completing form ESA50 (the precursor to a possible reassessment interview by Atos) on behalf a person with a learning disability; and thus the experience of explaining in writing or over the phone that a learning-disability is often life-long and unchanging (“No. My son’s Asperger Syndrome will not ‘go away’ or ‘get better’!”).
The following exchange between MP and Junior Minister on 5th Feb 2013 confirms the writer’s experience, that, in the case of people with learning disabilities, if the pre-interview form is completed according to instructions, an assessment interview is unlikely to take place. If only it was not such a long and tedious process to complete the form!!
Work Capability Assessment
Henry Smith: To ask the Secretary of State for Work and Pensions if he will consider allowing people with learning disabilities to be assessed less regularly for benefits eligibility by Atos Healthcare on account of their condition being unlikely to alter significantly over a short period of time.
Mr Hoban: People are entitled to ESA for as long as they satisfy the entitlement conditions. To ensure that people who receive benefit are doing so correctly it is important that they are called for re-assessment from time to time to make sure that they still meet the entitlement conditions and, because peoples health conditions can change, that they remain in the correct group i.e. Work Related Activity Group or Support Group. This is a normal part of receiving ESA and is important to ensure that people continue to receive the right support.
As part of the work capability assessment, a healthcare professional will give advice on when they think a customer’s functional capability may have changed sufficiently that a return to work may be possible. They must also give a justification for this advice. Departmental decision makers use this advice to decide when to reassess claimants.
A claimant for whom a return to work is considered unlikely within two years will be reassessed after two years. This is because, even for claimants who are unlikely to see an improvement in their health and who are unlikely to sufficiently adapt to their condition, it is important that we do not write them off completely. However, this reassessment will not necessarily involve a face-to-face assessment-where possible, the Department may make a decision using paper-based evidence.
If anyone is faced with completing form ESA50 (Work Capability Assessment form), the Rescare helpline now has some experience of advising its members on this. We are assured that the order in which reassessments take place and in which forms are issued is random, and that nothing sinister should be read into the fact that you, a relative, or someone you care for has been selected.
PS. Still not sure about Mr Hoban’s phraseology, viz.’ …important that we do not write them off completely’!