Incapacity Benefit

Worried-Sick_2 · 17 May 2013 at 10:46PM

Hi all

Looking for some advice.
I have a number of health issues, one of them severe clinical depression as diagnosed by two senior psychiatrists and have been actively known to the mental health service for some 15 years.

I am on a lot of medication, anti depressants, sleeping tablets, pain relief etc.
My quality of life is poor, I often feel very ill and drained without doing anything.
I have days where I'm very ill (without going into personal details) and feeling absolutely rubbish both mentally an physically.

I recently received a letter from DWP advising they intend to call me shortly regards sending me ESA50 form.

Can anyone tell me the process?
I'm worried sick, feel that because a lot of my problems are mental issues (I have been closely monitored by the mental health services and GP since 15 years old) that I won't be taken seriously.

Once I return the form, how long after that will it be till I hear something? And if I'm required to attend a medical how long after returning the form will it "roughly" be so I can get evidence together etc?
I have previously attended a medical assessment.

Lastly, if I needed to appeal, will my payments continue until my appeal is heard? I am in pieces

Scared and worried, I have no life as it is now, I own nothing and feel I'm going to be left high and dry

enabledebra · 17 May 2013 at 11:12PM

Don't panic. Take time to fill in the form properly. This is a good basic guide to help. http://www.mind.org.uk/assets/0001/3731/Mind_ESA_factsheet_2.pdf You don't need to take evidence to the assessment - they won't look at it there anyway. Send any evidence with your form or if there's not time now send it later by post.

If you don't pass the assessment but think you should have you can appeal and you will still get paid ESA until the appeal is heard which is usually many months later.

SPELLKASTER · 18 May 2013 at 8:21AM

Firstly, my advice is dont panic.

They will call you to ask for basic info i.e. your name, address, age, and marital status.

Fill the ESA50 in and I would ask your GP if they can do a letter in support of your health problems.

I would also add in your prescription so that they can see what medication your on.

Before you send everything back, photocopy it so you can keep for your records, and again for help when completing another ESA50 comes.

It usualy takes a few weeks for them to give you a decision as to what group they will place you in; you have a month to appeal if you think their decision is wrong.

Let us know how you get on and good luck xxxx

Worried-Sick_2 · 26 May 2013 at 5:57AM

Thanks for your replies so far.
I am in complete pieces :-(
I called DWP Thursday and they confirmed that they wish to reassess me to be migrated to ESA.
They are sending me ESA50 to complete and return.
I don't understand the whole process and I am completely taken back.
The last medical I attended for incapacity benefit the doctor even said to me I was clearly unfit for work and as one of my conditions was lifelong stated he would advise DWP of such. I have cried and worried about this since getting the letter, literally thinking every day about it and the horror stories I have heard. I feel like I am being questioned. I have attended to see my GP every month, sometimes twice monthly for the past 10 years without fail as my condition needs regular monitoring.
I am known to both social services whom have information on me dating back to early childhood when many of my problems came to light. And also to the mental health services including the crisis intervention team (previously I was close to being sectioned under the mental health act but was seen daily at home by intervention team) I am on 30 different types of medication including anti psychotics and anti depressants. I am awaiting to hear from the mental health team after being referred back to them last month due to concerns raised by another GP I was seen by. Everyday of my life is a constant ache, I'm lucky if I can bear to drink anything and most days lay in bed due to my health conditions and the side effects of the medication I am on.
You know, I don't ask much out of life, but everything every day seems to be against me :-( nothing ever goes right for me, but I'm use to disappointment and let down because that's all I've known all my life. I honestly believe I am worthless and most days I wish I wasn't around. I haven't got any one I can turn too besides my main carer and my GP, no friends no family. I'm alone in this world. I don't blame the government for reassessing claims, but I don't understand any of these processes or what is going on, all these fancy words, and I don't get why they haven't taken into consideration my previous medical report as it clearly was stated my condition was unlikely to improve in future.
Thinking about all the things I will need to put down to makes me feel sick and even more depressed having to think of all the bad things that have gone on fill my head again, I just wish I could close myself away :-(
I've heard so many horror stories on here I'm scared.
If anyone could please tell me, if they don't award me it after assessment and I appeal, will I still get benefit until the tribunal hearing? Because I have nothing, and no other income and I am scared of how I will cope because I have no one I can turn too.

Please help me :-(
I'm sorry for rambling on

emweaver · 26 May 2013 at 7:09AM

Everyone will have be migrated eventually.

Just fill it out truthfully and submit as much evidence as you can and I am sure you will be fine.

I recently went to one of these medicals with a friend and it was nowhere near as horrendous as some of the stories you read made out.

rogerblack · 26 May 2013 at 8:36AM

Worried-Sick wrote: »

The last medical I attended for incapacity benefit the doctor even said to me I was clearly unfit for work and as one of my conditions was lifelong stated he would advise DWP of such. I have cried and worried about this since getting the letter, literally thinking every day about it and the horror stories I have heard. I feel like I am being questioned.

In short.
As has been said - everyone on IB is being assessed.
The criteria for ESA and IB differ. A lifetime award for IB does not mean you must not be assessed for ESA - this doesn't imply you're lying.

http://www.disabilityrightsuk.org/employment-and-support-allowance-overview has a list of criteria for ESA - search for 'appendix 1'.

ESA is not granted (in general because you have a specific condition, or because you are unable to work.
It is granted because you meet one or more ESA descriptors - legal tests.

I would echo not to take the horror stories into account too strongly.
Are some assessments bad - certainly.
Are others as accurate as reasonably could performed in the time given - yes.
Both of mine were the latter.

Include as much relevant medical evidance of your condition as it affects your ability to do the tasks outlined in the descriptors.

Yes, if you appeal, you will be paid at least to the date of the appeal.
If it has then been 6 months since the decision you were not fit, you can reapply.
(as the law currently stands)

Horseunderwater · 26 May 2013 at 8:49AM

To worried sick.

DWP is not questioning you at all. All they are doing is moving people who are on the old type of benefits over to the newer type. Which in your case is IB to ESA. With ESA it is not about the illness or your conditions - it is about the descriptors and what you cannot do. Things like can you walk 50 meters with or without an aide - if not you'd score 15 points - but if you are in severe pain or have to stop to rest then you'd additionally get into the Support group. The link that follows is nice and simple to read through - see what ones if any apply to you and concentrate on those if more than one when you get the form through in due course. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

lemontart · 26 May 2013 at 8:59AM

I would take copies of the evidence you send and take them to the assessment too, that way you are covering all bases and ensure the person doing the assessment actually see's the evidence to support everything.

epitome · 26 May 2013 at 10:15AM

My advice will be factual and should be taken alongside everyone elses advice who has posted before me, no-one has said anything incorrect so far on this thread. My advice will include most of the pitfalls and how to avoid them. Do not worry over my advice, I am merely pointing out the worst case scenarios and how important it is for you to avoid them.

You will be called within 2 weeks of the date of that letter. They will try 3 times spaced 4 hours or more apart or overnight.
They will then update their records with your info & tell you what it says in your letter and give you a chance to ask any questions
They will then say you will receive your ESA50 within 2 weeks of the date of the call
You can choose to call them if you want to on 0845 600 8192 they may just update your records and ask you to wait for your phonecall

What they might not say but I would like you to know is..

If you do receive an ESA50 within the next 2 weeks of the phonecall

there will be a deadline for return of approx 4 weeks
You must make every effort to return it within the deadline
After posting **this** form you can phone 0800 2888777 option 3 to check receipt
The deadline cannot be extended under ANY circumstances
If the ESA50 is not received within the deadline the claim can be automatically closed or suspended -if this happens- they will write to you to tell you that the claim is closed for "having been found fit for work".
To re-open your claim you will need to either return a completed ESA50 with page 17 "Why is it late?" completed (recommended) OR just send in a letter saying why you did not complete it yet. Your reasons for late return will then be looked at and a decesion made, which can -obviously- go either way.
If your claim remains closed - you could appeal and make a new claim to benefit. However if you make a new claim to ESA you may not get paid until you have had an assessment. which can take 3 months.

If you do not receive the ESA50 within 2 weeks of the call

You should call 0845 6008192 and say you did not receive it
They will send you another form
This 2nd form will not indicate what the original 4 week deadline is, you will just have to return it ASAP and complete Pg17 to say that you had to ask for a duplicate ESA50 to be sent and you have returned it ASAP.
After returning **this** form you should phone 0845 6008192 about 8 - 9 days later to confirm they received the form

To avoid problems return the form within the deadline. Don't delay the form while waiting for your Doctor to write you a letter. If you don't get the form within 2 weeks (of the call) then phone for another form to be sent...AND when you send either form back send it recorded delivery... costs £1

Complete the ESA50 with as much info as possible about your condition, eventually ATOS will receive it and start assessing you based on what you have put on the form and included with the form. ATOS may or may not wish you to attend a WCA, if they do, they will call you to make an appointment which you must attend. If you fail to attend then same procedure as "failing to return ESA50" claim closed, you write in with reasons, they consider your reasons, claim either reopened or remains closed, if remains closed and you make new claim to ESA you may not get paid for 3 months.

To avoid problems keep in touch with ATOS 0800 2888777 (option 3) to confirm they have got your form and they have not yet decided if you need a WCA. When they have decided you need a WCA then you can ask them when that might be and keep in touch with them regularly regarding this.

If you fail the WCA you can appeal but you must get doctors sicknotes to be paid on appeal. The £amount will be appeal rate.
If you pass into WRAG you can appeal for Support Group
If you are on IB without any IS now and you go into ESA WRAG you need to apply for ESA IR after 1 year.
If you get any IS now you won't need to apply for ESA IR after 1 year in ESA WRAG.

Everyone on IB has to come off and go onto ESA regardless of what you have been told before, an assessment will be part of the process.

Please understand that the people on the phones at ESA cannot and do not want to discuss the politics of all this they also do not want to discuss your medical conditions. They are not decision makers and can do nothing for you except help you understand what the process is and send you a form or report a change of address etc - if you want to discuss politics then do it here or write to your MP.

I can't cover everything but this is most of it.

Incapacity Benefit

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