Thursday, 11 October 2012

Is Hiring A Professional Counselor Necessary When Submitting ESA Appeal?

By Richard Barker


Presently the Department of Work and Pension (DWP) is attempting to clean up their particular list to remove the receivers of Employment and Support Allowance (ESA). At some point individuals who will definitely get affected with the change are those who are found by the division to be fit enough to work. However, in the first quarter of this year it was recorded that a total of 97,000 or 71% of those rejected to receive the benefits are already seeking an ESA appeal.

In general, ESA is given to people who are not fit to work on account of illness or disability. It's classified into two groups which are contributory and income related. For the latter, ESA is provided to people who are getting very low earnings and have less than 16,000 savings. They likewise have not paid sufficient contribution to the National Insurance. Alternatively, contributory as the name implies are those who have paid full contributions. With regards to the amount of time the beneficiary will receive the benefit will all rely on what group they will fall which can either be work-related or support group.

The process in applying for ESA will undergo two phases - the assessment phase and the main phase. Throughout the assessment phase which will take a minimum of 13 weeks the applicant will be examine depending on their particular capacity to work and will be interviewed on how much they can focus on any work. The actual assessment is carried out by health professionals authorised by the DWP and is carried out by points system. If for any reason the applicant will receive low points to enable them for ESA they have the right to file an ESA appeal to an independent appeal tribunal.

It has to be taken into account that the claimants are only given 30 days to ask the DWP to reconsider their case or to file an ESA appeal. Since the rules are strict with a deadline, missing it will make it difficult to take further action on the case. At this point, it will be best if a professional adviser is hired to assist the claimant on how to go about with the procedure although this option is not actually required.

There are many advantages to hire a professional counselor. One of which is that they have the expertise and experience to provide logical suggestions and advice with regards to their ESA appeal and whether it is still feasible to pursue it or just take another option. They can also assist the claimant to write their appeal as well as help them ask their attending doctor for more detailed report to serve as a medical evidence to support their ESA application. Further, a professional counselor can provide the tribunal a list of "suggested descriptors" that will direct the questions to a situation wherein it will lead to a substantial proof that the claimant is indeed qualified to avail ESA.

It needs to be taken into consideration that health professionals who execute the particular assessment are not infallible. For this reason, it is the right of any individual to file an ESA appeal particularly if they feel that a decision is erroneously provided on their case. However as it is the obligation of the claimant to establish it then the aid of professional counselor will definitely deem as essential.




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