Incapacity Benefit migration to ESA

diolch

Molly41 wrote: »

I have always sent evidence stapled to the form (folded into the form). I have completed two forms now and both times it has been accepted. I have had one medical and the assessor said that the information was very helpful.

Thanks for that. It seems that nobody then really knows what to do, ATOS or the DWP.

I actually clarified it with the DWP and they said definitely NOT to send anything back!

Well, it goes to show just what a cockeyed sytem is in place!
Still each to their own I suppose, you have to do what you have to do. I still think that you should follow the rules, but who am I to criticise? Rules are made to be broken!

As a matter of interest, how do you get that sort of evidence? I have loads about my conditions, what they are doing for me, the drugs I take, the prognosis etc, but absolutely nothing that says that my doctor agrees that I could not carry out the vast majority of the descriptors.

To me it sounds as though you should have a private and independent assessment using the same descriptors used by ATOS. Where would I get one done?

pinklady21

Sorry one of my main symptoms is 'brain fog' which means I tend to forget things.
Anyway - I should have added - keep copies of everything you send to the DWP, keep a note of who you speak to (if you phone or call in person, what was said and when you spoke to them, and make sure your NI number is on every piece of evidence you submit to the DWP.

Also - if you are turned down to start with, you can and should appeal, as it would appear that there is a very high success rate at appeal.

I think you are quite right, the main purpose of this entire exercise is to get people off benefits as quickly as they can, regardless of whether they are entitled or not!!

Pinklady21

NASA_2

If you have a real chance of success then you should appeal. If you agree with the decision then please, dont join the !!!!less scum who appeal just so they dont have to claim JSA, that is wasting money and there are people who do that.

Appealing for the sake of it is a silly notion.

diolch

pinklady21 wrote: »

Sorry one of my main symptoms is 'brain fog' which means I tend to forget things.

Pinklady21

That is normal where I am concerned. My wife is constantly having to remind me to do everything and anything! I tell her that if it aint written down on the daily log, she has no chance of it being done!

I'm in my early 60's and have been told that it is quite normal!!

diolch

NASA wrote: »

If you have a real chance of success then you should appeal. If you agree with the decision then please, dont join the !!!!less scum who appeal just so they dont have to claim JSA, that is wasting money and there are people who do that.

Appealing for the sake of it is a silly notion.

I would agree with you as that sort of thing is one of the reasons that the waiting period to get to a Tribunal is so long.

However I can't really agree that it is a 'silly notion'.

If someone is getting £67.50pw and all he has to do is produce a sicknote every few months instead of signing on every week/fortnight, look for a job, produce his record of job hunting, write letters etc etc etc and run the risk of a sanction for the same money - what is he going to do?

You can't tell me that he would prefer to claim JSA!

Until something is done about this system, it will continue to be abused!! Why not make it compulsory to claim JSA whilst waiting for the appeal hearing and do away with this 'receive assessment rate in the intervening period' rubbish.

NASA_2

diolch wrote: »

Until something is done about this system, it will continue to be abused!! Why not make it compulsory to claim JSA whilst waiting for the appeal hearing and do away with this 'receive assessment rate in the intervening period' rubbish.

I have heard that that is a prospect.

nad1611

diolch wrote: »

Thanks for that. It seems that nobody then really knows what to do, ATOS or the DWP.

I actually clarified it with the DWP and they said definitely NOT to send anything back!

Well, it goes to show just what a cockeyed sytem is in place!
Still each to their own I suppose, you have to do what you have to do. I still think that you should follow the rules, but who am I to criticise? Rules are made to be broken!

As a matter of interest, how do you get that sort of evidence? I have loads about my conditions, what they are doing for me, the drugs I take, the prognosis etc, but absolutely nothing that says that my doctor agrees that I could not carry out the vast majority of the descriptors.

To me it sounds as though you should have a private and independent assessment using the same descriptors used by ATOS. Where would I get one done?

DWP have always sent don't send anything in, but why wouldn't you. I don't believe it says you can't I think it used to say there's no need to at the moment.

I agree very strongly that it is actually much better to send evidence as soon as possible, it was the difference last time of getting Incapacity. without a Medical, whereas first time I didn't send evidence as I was told not to and I ended having a medical and then appealing, I then brought evidence and wa sin the room a matter of minutes and was told by the panel, that if I had submitted the evidence earlier, I would have avoided the appeal process!!

So I would never lose an opportunity to back up everything I say in a Medical. Make sure it also has your National Insurance number and keep copies of everything you send.

Scared45

pinklady21 wrote: »

Sorry one of my main symptoms is 'brain fog' which means I tend to forget things.
Anyway - I should have added - keep copies of everything you send to the DWP, keep a note of who you speak to (if you phone or call in person, what was said and when you spoke to them, and make sure your NI number is on every piece of evidence you submit to the DWP.

Also - if you are turned down to start with, you can and should appeal, as it would appear that there is a very high success rate at appeal.

I think you are quite right, the main purpose of this entire exercise is to get people off benefits as quickly as they can, regardless of whether they are entitled or not!!

Pinklady21

Thank you for your help.

Cpt.Scarlet

diolch wrote: »

I actually clarified it with the DWP and they said definitely NOT to send anything back!

The problem with this is it assumes that the DWP will contact your GP or Consultant for a medical report, they often don't.

It assumes that the questions on the ESA50 reflect the test that ATOS will apply, they don't.

It assumes that the DWP decision maker, will actually make a decision based on the facts presented rather than just accepting the ATOS recommendation, they don't (only 2% are overruled).

So you can follow the "rules" and claim JSA, or you do what you need to ensure you get a fair review.

diolch

nad1611 wrote: »

DWP have always sent don't send anything in, but why wouldn't you. I don't believe it says you can't I think it used to say there's no need to at the moment.

I've just pulled out a letter I had in 09. It is from ATOS and it says:

'Please ONLY return the enclosed form ESA50.....to the address at the top.....Medical certificates or any other documents MUST be sent directly to the office that deals with your claim. Do NOT enclose them with form ESA50.'

That to me is clear and consise!!

I agree very strongly that it is actually much better to send evidence as soon as possible, it was the difference last time of getting Incapacity. without a Medical, whereas first time I didn't send evidence as I was told not to and I ended having a medical and then appealing, I then brought evidence and wa sin the room a matter of minutes and was told by the panel, that if I had submitted the evidence earlier, I would have avoided the appeal process!!

I don't know. That instruction is clear. If, as you say, you chose to ignore that instruction, then in reality you should not have benefited by that choice over someone that followed the rules.
To be told by the Tribunal that it was wrong of you not to submit it with the ESA50, you should have told them to read the instruction themselves and to refrain from making comments about something that they obviously know little about!. I certainly would have done which no doubt would have left some very red faces!!

So I would never lose an opportunity to back up everything I say in a Medical. Make sure it also has your National Insurance number and keep copies of everything you send.

Personally I have always believed rightly or wrongly, that to follow the rules is the best way forward when dealing with the government or any of its agencies. It seems that my belief is wrong!