Incapacity Benefit migration to ESA

richard9991

i think all the different atos examination centres/dwp offices will have there own systems for migrating people to esa

yappycat

If my memory serves me right, when I completed my one and only ESA50 in mid 2009, it was made clear to me via the correspondence received from ATOS that came with the ESA50, that you are NOT to send ANY other document back to ATOS - just the ESA50. I queried this with the DWP, and they said that that was correct, ATOS will NOT consider anything you wish to send in.

Once the assessment has been carried out and the report sent to the DWP, they will decide on your fate. If you fail, it is at that time that you have to send in what evidence you have as it then becomes your responsibility to prove the DWP wrong. All the way through until that time, the DWP have to assume that you are unfit to do any work (because of the MED3) UNLESS THEY can show that you aren't!
It's all a question of who has to prove what and when.

That is from the horses mouth (DWP) and in my case they just relied on the ESA50 and the ATOS medical and I was put into the Support Group. I have never sent in any evidence at all except my MED3's. In fact I don't have any evidence that says that I should pass the descriptors that I could have sent in!

This may be true in theory, however I'm not convinced it is in practice.
I sent back my most recent ESA50 accompanied by the instructions from the tribunal to DWP (won 3 months before the new ESA50 arrived), a detailed account of the areas in which my medical situation fitted the relevant descriptors, and a recent letter from my doctor explaining why I was unfit to work in her opinion. I still had to attend the Atos medical but the interview was far shorter this time around and the tester didn't get me to attempt to perform the physical aerobics as had happened last time, she said she'd read through the extra information I'd provided and saw little point in putting me through the whole thing again just for the sake of it.
Towards the end of the interview when I asked her how optimistic she was regarding the outcome of the assessment, she said that she was going to attach the paperwork I'd sent with her report and, I quote, 'hopefully someone will use their commonsense'.

This would appear to contradict the idea that sending in anything extra you feel relevant is futile. Ofc perhaps she was feeling lazy, wanted to get an early finish to the day, or an exception to the rule. Maybe she thought I was a big liar and her commonsense outcome was a mile away from what I had in mind. Nevertheless on this occasion I passed the assessment, whereas I had to appeal the previous. This is despite the fact that I literally copied the information I put in the new form almost word for word from my old ESA50, as apart from a couple of minor medication changes there was no change to my condition.
So personally, from now on I will send any extra info I believe they need to take into account, whether they want to see it or not

Dr_B_2

NASA wrote: »

In a small effort to mitigate the lies being told by one member here - the system really is calling people on the date of their next renewal...

It isn't lies. My IB was renewed at the end of last year. I have just received a ESA form to my horror.

I was forcibly retired in 1990 due to bipolar disorder.

This is unbelievably stressful - the last time I ended up in casualty after harming myself because of the fear of what might happen and Cameron's announcement on limiting WRAG ESA to a year. It would be horrendous to end up on WRAG, but with 5% of people with Mental Health conditions being placed in the support group, I don't hold out much hope. And of course the fact that I can walk around and have some better periods means that I might well be forced onto JSA.

bertiebat wrote: »

One thing I'm sure on is that they are NOT calling people in alphabetically. If they really were using this method, the deed-poll office for surname changes would be very busy!...

The lady in the IB section said that this is exactly what could be happening.

I can't see much point in carrying on.

zzzLazyDaisy

yappycat wrote: »

This would appear to contradict the idea that sending in anything extra you feel relevant is futile.
So personally, from now on I will send any extra info I believe they need to take into account, whether they want to see it or not

On the March 2011 ESA50 form there is a box to tick if you are enclosing medical reports which suggests that you should enclose these documents if they are relevant

sunnyone

Dr_B wrote: »

It isn't lies. My IB was renewed at the end of last year. I have just received a ESA form to my horror.

I was forcibly retired in 1990 due to bipolar disorder.

This is unbelievably stressful - the last time I ended up in casualty after harming myself because of the fear of what might happen and Cameron's announcement on limiting WRAG ESA to a year. It would be horrendous to end up on WRAG, but with 5% of people with Mental Health conditions being placed in the support group, I don't hold out much hope. And of course the fact that I can walk around and have some better periods means that I might well be forced onto JSA.




The lady in the IB section said that this is exactly what could be happening.

I can't see much point in carrying on.

The situation is the same for everyone and not just people with MH problems, you have been retired for over 20 years, have you even looked at working, training or therapies that may help you?

We get many posts like yours where people threaten self harm if they are reassessed but its going to happen to everyone and nothing will change that, nothing will change it for anyone of us on IVB/IB, we are going to be reassessed in the next two years (or three depending on what sound bite you listen to) and many of us will fail the medical like my seriously ill husband did but we cant change it, have you had a drug review to help you through this difficult time?

You can appeal if you fail and you will stay on the same rate as you are now on, if you fail ask your treatment team to deal with it if your not strong enough to do it yourself and if the team provide the evidence to support your ESA claim it should all be ok.

alfchild

sunnyone wrote: »

You can appeal if you fail and you will stay on the same rate as you are now on, if you fail ask your treatment team to deal with it if your not strong enough to do it yourself and if the team provide the evidence to support your ESA claim it should all be ok.

Unfortunately it has to be ESA who write to request the information. I was told by my consultant he could not write to them as it would be classed as a open letter and against the law and they would have to request off him.

I have had my 1 year (been on esa since 2008) form to fill in and found it hard to do as hardly any of the questions relate to someone whos had 2 strokes, PFO, depression and others they do seem to be aimed at assuming the illness is short term and treatable, it is very very stressfull and just reading the questions made me swear alot lol but you have to do it if you want to get somewhere and you will know people who can support you and know how things effect you so hopefully will keep your chin up


It is a daft thing actually in 2008 after my 2nd stroke we made double sure that I would receive help from esa after stopping work and they said yes then 3 months later was put in work focus group - abit topsy turvy

Hope this made sense and sorry about any moans lol

sunnyone

alfchild wrote: »

Unfortunately it has to be ESA who write to request the information. I was told by my consultant he could not write to them as it would be classed as a open letter and against the law and they would have to request off him.

I have had my 1 year (been on esa since 2008) form to fill in and found it hard to do as hardly any of the questions relate to someone whos had 2 strokes, PFO, depression and others they do seem to be aimed at assuming the illness is short term and treatable, it is very very stressfull and just reading the questions made me swear alot lol but you have to do it if you want to get somewhere and you will know people who can support you and know how things effect you so hopefully will keep your chin up


It is a daft thing actually in 2008 after my 2nd stroke we made double sure that I would receive help from esa after stopping work and they said yes then 3 months later was put in work focus group - abit topsy turvy

Hope this made sense and sorry about any moans lol

Thats rubbish, my husband has to carry his medical records with him due to the severety and the nature of his multipul conditions which mean he cant be treated in an emegency without his notes and our GP wrote to support his ESA claim and all his medcial treatment team also know that every letter that they write is contained in my husbands medical folder and they may be contacted to verify or give further information on hos conditions at any time.

My husband has had a stroke and hes still in recovery, he also has end stage kidney failure and heart disease among other things.

Morglin

The DWP and now saying that all relevant medical evidence can be sent back with the form.

For a long time, I have ALWAYS requested, whenever I attend an appointment with a consultant, that they send me a copy of all and any reports/test results they send to my GP. They have always done this without a problem.

I keep all that are up to date, and copies of them will be sent along with the form I send.

I have a friend (long term disabled), who got his ESA form on the 12th April, sent it back with all his relevant evidence, got a phone call on the 19th to say he had been placed straght into the support group (no medical required), and recieved a letter confirming this on 24th, stating that he was in the SG 'indefinately'.:T

Very impressive.:)

I know they can review at any time, but in some cases, the system does seem to be working better than it did previously.

The recent published review by the DWP does actually recommend that all previous and current medical evidence SHOULD be taken into account:

http://research.dwp.gov.uk/asd/asd5/rports2009-2010/rrep719.pdf

So, I would advise people to send all their relevant evidence in to begin with.

Lin

pinklady21

Hi everyone
To try and get a definitive answer to my original question:
How are IB claimaints being selected for reassessment for ESA?

I posted a Freedom of Information request to the DWP. You can do this fairly easily from their website.

The reply is crystal clear.

"Thank you for your Freedom of Information request.
You asked:- What is the criteria being used to select individual claimants for reassessment?
Customers receiving Incapacity Benefit and Income Support paid on the grounds of illness or disability, currently attend Personal Capability Assessments (PCA) to determine and review their entitlement for benefit. The order in which customers will be selected for IB (IS) reassessment will be based upon the date on which they would otherwise have been called for their next PCA. Customers currently claiming Severe Disablement Allowance will be reassessed at the end of the reassessment process.

This change will not affect customers if they are due to reach State Pension age before 6 April 2014. "

Right - this sounds to me that the review date as advised by the DWP on the decision letter is also the due date for reassessment for ESA.
If we are being called sooner, (and in some cases its years too soon) it sounds like administrative cockup to me.

I will now be writing to the DWP local office that processes my IB claim (enclosing a copy of the reply to my FOI request and a copy of the DWP published guidelines) to ask why I have been called for reassessment now when the policy is perfectly clear, it should be based on the review date.

I will let you know how I get on - in the meantime if anyone else is in this situation I hope this helps.
Kind regards
Pinklady21

de1amo

İ am reading and it seems chaos from the outset! as a bipolar i recommend work(and i have what is termed rapid cycling and can display very odd behaviour within hours of forgetting my meds!)-i work and get on with it because it keeps me sane!-i can see lots of stress from people being uncertain about the future and the powers that be should be open and upfront on how the process is being done--but sure as sure the esa50 form will drop on the dormat!