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Another assessment for ESA - giving up!

melin_2 · 2011-02-08 20:55:37

Hello, Following my ATOS medical last year when I was put in the support group, I now have another ESA50 form to fill in. Last week they telephoned to make an appointment for another medical on the 15th Feb. I have three problems. I thought they had to wait until I had sent in the ESA50 before making another medical…

Comments

eskimo26 Posts: 897 Forumite

9 February 2011 at 3:43PM

melin wrote: »

I thought they had to wait until I had sent in the ESA50 before making another medical appointment because they don't know if I need to have one until they see the form. I think I don't need a medical and should go straight into the Support Group. How does that work?

I have loads of evidence that backs up my problems, but that was for last year. Do I have to go and get all of it updated for this medical?

The form doesn't have to go back for a while yet, and certainly after the medical. They seem to have done it the wrong way round. How are they going to assess me if they don't have the form?

How far into the claim are you? Its done in stages so after 12 weeks they pass you to atos regardless of the form (they did it to me as i didn't send it back by the date they asked) but if its before then they have made a mistake.

With regards to proving that you fall into the support group and don't need a medical i';ve described the process here but its no where near full proof.

eskimo26 wrote: »

Did you use the descriptors when you did your esa50 and get it checked out by people in the know like CAB for example?

There is a well hidden 'loophole' that might do the job. There is a pre-board check the purpose of which is to determine if the claimant needs the ATOS medical.

If you can prove your husband qualifies for just one of the descriptors in the limited capacity for work group then it says in there own literature:

"If one descriptor applies to the claimant, they will be placed in the support group and will receive an additional component with their ESA. They will not have to attend work focused interviews or a work focused health related assessment."

Basically Atos asks you not to send in medical evidence with your esa50 to circumvent this but if he fits one of the descriptors get as much evidence as feasible to back it up including your esa50 (sorry P:) and send in a copy of everything to the department dealing with your claim and another to ATOS (recorded delivery).

Provide a covering letter reminding them of the little clause I mentioned above, tell them which descriptor he fits and the relevance of your evidence to said descriptor. It won't hurt to write a letter to your local MP to tell them what your doing. (make sure atos and the dwp know your doing this.)

No promises and it may be a lot of work but this should in theory get him put straight into the support group if your evidence is good enough, that means no atos medical too. I've seen maybe two posts total in the various forums were people have seen this 'loophole' and taken advantage with success.

Also if your husband is to disabled to go to a work focused lecture once a month (that's what happens in the work group right?) perhaps he should be on DLA?

Regardless good luck.

btw you know you can request a home visit or taxi right? You can also request atos record the medical for you, they have an agreement with the dwp to do that atm, though this is only temporary so they might have called time on that already.

melbury wrote: »

Thank you, so I should write a covering letter detailing that he meets the requirement for 15 points and is unlikely to get better and then quote the paragraph you have posted??

Have I understood this correctly?

Aha i found the topic again. Here is the link and the relevant post.

http://www.fibromyalgia-associationuk.org/phpBB3/viewtopic.php?f=7&t=31010

by Melanie » Sat Mar 20, 2010 11:13 pm
Hi,

I managed to get into the support group without a medical by calling their bluff on the law. If you meet one of the descriptors for those who should go into the support group, you shouldn't have to attend a medical, but because ATOS say not to send evidence with the ESA50, it is nearly impossible for them to make that decision without calling you for a medical first. I sent all my evidence to ATOS special delivery with a letter stating that in accordance with the law I should not have to attend a medical and I made reference to where they could find the supporting evidence. I also sent a similar letter to the Jobcentre recorded delivery saying the same thing. The Jobcentre then spoke to ATOS and they sent me a letter confirming what I had sent in etc. I got the letter today saying that I have been placed in the support group again, no medical! I'm very pleased.

ESA down, DLA renewal to go...!

I think that sums it up, what you are looking to prove is based on the support group descriptors. He only has to qualify for one of the descriptors listed not score 15 points (the points based assessment is for the work based group only).

Original thread:
https://forums.moneysavingexpert.com/discussion/3027820

With regards to sending you an early appointment (if that's what it is) its just a pressure tactic to make sure you have a smaller window to do anything about it.

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melbury Posts: 13,251 Forumite

9 February 2011 at 5:05PM

I am confused, the original poster says that he/she is already in the support group so why is he/she asking how to be put into it?

Am I missing something?

Stopped smoking 27/12/2007, but could start again at any time :eek:

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melin_2 Posts: 5 Forumite

9 February 2011 at 5:10PM

Thanks everybody.

wow, I didn't realise how much of a sorry tale all this assessment thingy is.

You have it right Mupette that is what I think I come under. This is the second assessment I have been asked to go to. The first one put me straight into the Support Group. I did send a whole load of evidence to ATOS before that assessment which showed that not only have I got an incurable progressive condition, but also that the condition makes it unlikely that I can never work again. To even consider work is out of the question, I am unemployable. The DWP have accepted this.

What my problem is, and even if I don't get put back onto the Support Group without a medical and have to attend one, the doctor assessor is not going to know anything about me as the ESA50 form doesn't have to be back with them till the end of this month which will be two weeks after the medical!
So it is likely that they will decide only on the medical assessment.

I have never heard of anything like this.

I can't see the point in ringing the DWP up, as I have had experiences with them last year when they tell you one thing and it turns out to be totally wrong.

I will have to go to the medical next week and explain that the form and evidence will be sent back by the end of the month. I can see me failing this medical which is a complete joke and either end up on Jobseekers or put up with the appeal process that everybody goes on about.

Both of which will not do me any good.

Surely they can see from last year that I will never improve healthwise, it will only get worse.
So why are they keep on wanting to recheck everything?
As I have said at the start, I honestly feel like giving up and living on the streets. It is all too much to bear.

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melin_2 Posts: 5 Forumite

9 February 2011 at 5:14PM edited 9 February 2011 at 5:19PM

eskimo26 wrote: »

That is a dirty thing to do, if that is what they are doing.
They seem to be hell bent by using any means free or foul to get me off benefit.

Thanks for the links you give.
I haven't sent back the ESA50 yet as it is not due until at least the end of this month. Yet they have me down for a medical next week.

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melin_2 Posts: 5 Forumite

9 February 2011 at 5:17PM

melbury wrote: »

I am confused, the original poster says that he/she is already in the support group so why is he/she asking how to be put into it?

Am I missing something?

Hello, yes it is complicated.

I had a medical last year and they put me in the Support Group.

I have to go for another next week. I think with my problems I should go straight back into the Support Group without having to have a medical.

It seems that the DWP have a different opinion and are doing everything they can to make that not happen.

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melbury Posts: 13,251 Forumite

9 February 2011 at 5:23PM

melin wrote: »

Hello, yes it is complicated.

I had a medical last year and they put me in the Support Group.

I have to go for another next week. I think with my problems I should go straight back into the Support Group without having to have a medical.

It seems that the DWP have a different opinion and are doing everything they can to make that not happen.

That's terrible, I thought if you were put in the support group, you were left in peace for a year or so.

My OH has to fill in another ESA50 and will probably get called in for another medical assessment. He was put in the work related group, which is a complete joke because there is not way he could work.

I spoke to very nice lady at the Jobcentre this afternoon and she said to fill in the form and if he gets put the work related group again, to appeal at that time. She said that the ESA50 forms go to ATOS who have no decision making powers on which group people are put in, so it is pointless trying to appeal on the ESA50 form itself.

Good luck, isn't it fun!

Stopped smoking 27/12/2007, but could start again at any time :eek:

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NASA_2 Posts: 5,571 Forumite

9 February 2011 at 5:37PM

melin wrote: »

I had a medical last year and they put me in the Support Group.

melbury wrote: »

That's terrible, I thought if you were put in the support group, you were left in peace for a year or so.

Yeah, those DWP !!!!!!!s.

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cit_k Posts: 24,812 Forumite

9 February 2011 at 5:40PM

melin wrote: »

So why are they keep on wanting to recheck everything?
As I have said at the start, I honestly feel like giving up and living on the streets. It is all too much to bear.

thats the plan, that will be why they re-assess people at far to regular intervals, despite evidence showing its a waste of taxpayers money to do so.

[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)
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melbury Posts: 13,251 Forumite

9 February 2011 at 7:33PM

NASA wrote: »

Yeah, those DWP !!!!!!!s.

I don't have a problem with it, just think that they should look at the millions who have been "left alone" for years on Incapacity Benefit instead of calling back people they have only seen a few months ago.

Believe me, I do think the whole system needs a good shake up.

Stopped smoking 27/12/2007, but could start again at any time :eek:

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NASA_2 Posts: 5,571 Forumite

9 February 2011 at 7:40PM

melbury wrote: »

I don't have a problem with it, just think that they should look at the millions who have been "left alone" for years on Incapacity Benefit instead of calling back people they have only seen a few months ago.

Believe me, I do think the whole system needs a good shake up.

My point was that the person said their last WCA was last year and your post states that people should left alone for a year or so. I was being facetious and/or frivelous.

Both Labour and the Conservatives signed up to the IB/IS reassessment policy - so IB claimants are starting to be reassessed to see whether they qualify for ESA.

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