Tidbits of ESA Advice

Over the years I've been doing this I've collected bits of advice various people have given, either to me or to other people publicly. You'll find those that don't fit in to any of the other posts here. It may be worth checking back frequently to see what else I've learnt.

1. Even though the DWP tell you that you do not require sick notes (fit notes) after you've had the Work Capability Assessment, it is a good idea to get one if you are placed in the Work Related Activity Group so that you can make it central to your Work Related Activity contract with your Job Centre Advisor.
2. The NICE guidelines state that you should have a plan which is co-ordinated by a medical profssional with knowledge of M.E., including any plan for occupational support. A job centre or work programme advisor is not qualified to make a plan for your Work Related Activity, or to make you do anything that is not in your plan. If you encounter problems in relation to this, it is worth showing them a copy of the NICE guidelines. (Obviously I'll need to find these for you).
3. If you indicate on your ESA50 that your condition is variable, but the health professional who assesses you at the Work Capability Assessment does not address this, it is grounds to challenge the reliability of their report.
4. If you are going to be facing a tribunal panel for your ESA application, something that can be very useful is to get a copy of everything that will go before the tribunal panel; this doesn't just include the evidence you've submitted, but any notes and computer records held on you throughout your application, too. Something useful to you often crops up in these materials. In order to get a copy of these, you need to make a Subject Access Request for the ESA85. They have 40 days to comply with your request. As such it's best to make the request at the same time as you request an appeal.
5. Income Related ESA will come under Universal Credit when it comes into practice. (Contributions Based ESA will not). Under Universal Credit it will be Regulations 25 and 31 that are used in place of Regulations of 29 and 35, for Support Group (Special Circumstances).
6. If your benefit is sanctioned (JSA or ESA) for any reason, you can apply for hardship payments, you should also notify Housing Benefit that you have been sanctioned and effectively have nil income or hardship payments only. Otherwise they may cease your Housing Benefits and Concil Tax Benefit. This can happen months later, when it is harder to prove you had the sanction in place, and can cause all sorts of problems.