Incapacity to Employment and support Allowance

Hi can anyone advise me ,I was medically retired from the Civil Service aged 47,in 2004 .I was also given my full pension ,added ToThat,I also received a frozen pension from a previous employer,who agreed withnCivil services doctors .
I have been on incapacity benefit and High rate DLA indefinitely ,all was ok,until I was notified I was changing to Employment and support allowance,went for the medical exam and have been told I am now going on the work related employment and support ,contribution based for 1 year only,I will not qualify for income based next year because of my Pension. Income,
My question is the person who done medical exam has said her prognosis is that I could be fit to go back to work in around 3 months!!not to offend anyone but her job description on report is a physotherapist..
Now surley as my condition has not changed and will in fact not improve(I have chronic pelvis pain syndrome)and Benifts agency no this from previous ib50 reports.
Can this be right,I am appealing but can anyone offer any advice of what else I can do,I'm really stressed and worried about future.
Any advise most appreciated,thanks for reading
«1

Comments

  • salfordgirl
    salfordgirl Posts: 107 Forumite
    You can appeal being based in the work related activity group, but i would look at the descriptors for the support group and look at how they apply to you.

    How long ago was your medical? And when did you receive the letter saying that you were in WRAG?
  • the only way out is to be put in the support group,then cb esa doesnt expire after a year,but you have to fit the support group descriptors(google should find them),tbh i`m not sure that you do from the info given
    the whole idea of this particular benefit reform is to not pay esa to those who have other income or savings,you or i may not like that but thats the new rules
  • pauliew
    pauliew Posts: 14 Forumite
    pauliew wrote: »
    Hi can anyone advise me ,I was medically retired from the Civil Service aged 47,in 2004 .I was also given my full pension ,added ToThat,I also received a frozen pension from a previous employer,who agreed withnCivil services doctors .
    I have been on incapacity benefit and High rate DLA indefinitely ,all was ok,until I was notified I was changing to Employment and support allowance,went for the medical exam and have been told I am now going on the work related employment and support ,contribution based for 1 year only,I will not qualify for income based next year because of my Pension. Income,
    My question is the person who done medical exam has said her prognosis is that I could be fit to go back to work in around 3 months!!not to offend anyone but her job description on report is a physotherapist..
    Now surley as my condition has not changed and will in fact not improve(I have chronic pelvis pain syndrome)and Benifts agency no this from previous ib50 reports.
    Can this be right,I am appealing but can anyone offer any advice of what else I can do,I'm really stressed and worried about future.
    Any advise most appreciated,thanks for reading
    I got letter on 17th ,although it was dated 10th,I am sorting Appeal on Friday,can I ask are you saying m medical retirement is irrelevant,even though my specialist and GP,have stated my illness has not changed,also can a Alto medical advisor state that I'm ok to go back to work when they ave no Knowledge of my condion.?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    pauliew wrote: »
    I got letter on 17th ,although it was dated 10th,I am sorting Appeal on Friday,can I ask are you saying m medical retirement is irrelevant,even though my specialist and GP,have stated my illness has not changed,also can a Alto medical advisor state that I'm ok to go back to work when they ave no Knowledge of my condion.?

    Your diagnosis is not relevant, unless all people with that condition would be eligible for the support group.
    Similarly - medical retirement is irrelevant, unless it is for a reason that makes you eligible for the support group.

    Medical retirement may be granted because you are not able to do your job.
    It does not mean you are unable to do any job.
  • GEMGIRL67
    GEMGIRL67 Posts: 186
    First Anniversary Combo Breaker First Post
    Forumite
    I have chronic pain every day in my lower back and along with other illnesses my incapacity has now stopped, I even appealed and the tribunal was absolutely horrible to go through and I didnt even win that. As I told them I was able to get to all my dr's and hospital appointments, even with having someone with me, they class it that you are fit and able to do work, they dont care that you are in chronic pain. I am now living off my savings as cant even claim job seekers, just lucky my parents allow me to live at their house.

    This new system has effected the genuine cases, not the fraudsters.
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
    First Anniversary Name Dropper First Post
    Forumite
    edited 2 May 2012 at 12:19AM
    pauliew wrote: »
    I got letter on 17th ,although it was dated 10th,I am sorting Appeal on Friday,can I ask are you saying m medical retirement is irrelevant,even though my specialist and GP,have stated my illness has not changed,also can a Alto medical advisor state that I'm ok to go back to work when they ave no Knowledge of my condion.?

    I assume this latest letter is your Work Capability Assessment outcome... i.e. you've just been placed in WRAG following transfer. You'll get a month to appeal the decision but I strongly.... repeat STRONGLY... advise you focus on the descriptors for Support Group (or special circumstance criteria for same end) and try to get supporting evidence if you feel any apply. If you feel none apply then you will probably struggle. The DWP will first carry out a reconsideration to see if they can change decision... if not then the papers will go off to tribunals service to arrange appeal... expect all this to take many months if not a year. Before you appeal.. or at least before you give final details of your appeal I would strongly advise you get a copy of all the evidence used to take decision at DWP.. this will include the medical report the DWP will have from ATOS (which it sounds like you already have)... and ask for a ststement of reasons for the decision if not already supplied.... but keep your focus on Support Group qualification criteria.

    Issues of qualifications/profession of ATOS HCP and issues of diagnosis, can work, can't work, can do some jobs, was medically retired etc... not important... they're not being tested. But as above... unless you'd qualify for income related ESA then your only hope of being on ESA after 12 months is to be in Support group.

    ETA. If there is prognosis of 3 months on the ATOS report then it sounds like the report may well have advised you don't qualify for ESA... it is my understanding that this is a default for failing the WCA...with 6 months minimum otherwise (I could be wrong). If so then the DWP would have rejected the findings of the report.. or at least some of them in determining you are entitled to WRAG. You'll be able to tell by adding up the points of the WRAG descriptors advised in the report as applying to you... here they are listed http://www.tameside.gov.uk/esa/wca.

    ...and here's the Support group descriptors. http://www.tameside.gov.uk/esa/lcwra
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • pauliew
    pauliew Posts: 14 Forumite
    Sorry what are the special circumstances criteria?
  • Muttleythefrog
    Muttleythefrog Posts: 19,727
    First Anniversary Name Dropper First Post
    Forumite
    pauliew wrote: »
    Sorry what are the special circumstances criteria?

    This is the DWP WCA guide. Page 33.
    http://www.dwp.gov.uk/docs/wca-handbook.pdf
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Broke_n_Broken
    Broke_n_Broken Posts: 195 Forumite
    Nobody's happy about losing money but since you have a pension income to live on, the government says you don't need the ESA. You have DLA too, so do you need the ESA? You should look to reducing your expenses.
    I read on another thread that they automatically put IB claimants on contribution based ESA wrag, so I'm not judging, just asking.
    If you feel you should be in support group then you should appeal based on this, though from what I've rad, you only need to be physically capable of doing some type of work to be in wrag.
    I wish I could fly, right up to the sky! But I can't...
    Famous Last Words: Bus?... What B....
    I reserve the right to edit my posts so you are wrong & I am right!
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    I read on another thread that they automatically put IB claimants on contribution based ESA wrag, so I'm not judging, just asking.

    This isn't correct - some are put without a medical in the support group.

    If enough are, is another question.
    As mentioned above, appeal, if you qualify.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards