Incapacity Benefit migration to ESA

pinklady21

Scared45:

Sorry to hear that you are being reviewed unexpectedly - I understand completely how difficult and stressful this can be.
Take heart - we are clearly not alone!

I think it is worth fighting the DWP on this one, their actions are completely contrary to the information they are publishing. Everyone I have spoken to at the DWP is in one breath completely dogmatic ie "You have been selected for review, therefore we are reviewing now" and in the next breath saying "well this is all very new to us too".

Anyway - be prepared for a 'brick wall' from the DWP - at least to start with.

Here is what I am going to do:

1. Request full details of last review.
PCA report, copy of IB50, copy of decision makers report, copy of any medical evidence they have from your treating doctor(s). Important to see how many points you scored and where you scored then.

2. Write to them again (better to do it in writing rather than on the phone as there can then be no debate on what was or was not said).
Advise that they are acting contrary to their own guidelines - if you google Incapacity Benefit ESA reassessment, some documents will come up - there are also some links to them in previous posts on this thread. Quote the actual guidelines.
There is one that is designed to go to medical practioners which is explicit that it claimants will normally be selected on or near their usual review date to aavoid two medical reviews in quick succession.
Ask them to explain why it is appropriate to review you now, given the XX points you scored in your last review a short time ago.

3. If this does not work, write to your MP or local councillor.
You could also try writing to the minister for wok and pensions, or the chairman of the Parliamentary work and pensions committee. They are currently doing a review of ESA.

4. Contact your local CAB or if there is a support group for your condition, contact them to see if they can offer an advocacy service.

5. Lastly, if none of this works, and the DWP still insist on calling you for reassessment, make sure you are prepared. Read very carefully the rules on ESA, especially the descriptors.
There is some helpful info here:
http://www.newcastle.gov.uk/core.nsf/a/wr_esahome

Remember the mantra - unless you are able to carry out the activity reliably, repeatedly and safely, the law says you are to be treated as unable to carry out the activity at all.
This should ensure you have enough points to transfer to ESA.

Another important part of the rules is that if returning to work would cause injury to your health, then you are automatically transferred to ESA and put in the support group.

I am not an expert on ESA, but it pays to be properly informed.

I have been found permanently and totally disabled by my former employer. I have seen more than 15 doctors in 8 years all of whom have confirmed I am not fit for work. The DWP's own expert in January found that there was unlikely to be any improvement in my condition.
You would think this would be sufficient......


Remember that in the end, you may not be selected for a medical interview, they may be able to assess you on the information in the ESA form and any other medical reports you can provide. So make sure you do your homework!
http://www.meassociation.org.uk/?p=5567

Not sure about anyone else, but although I fully support the idea that benefits for illness and disability should only be paid to those who are eligible, I am not convinced that the current ESA test is actually going to do the job. Neither are the House of Lords - see link to a debate held on 16th March on the issue.
http://www.meassociation.org.uk/?p=5180

There is going to be a further review later this year by Prof Malcolm Harrington, his first report suggested many changes to the system which the DWP mostly implemented.
I will await his next review with great interest!

Sorry this has turned into such a long post - I am rapidly turning into a rather reluctant expert on ESA - and the more I read about it the more scared I become.
I hope it helps anyone else in this situation.

Kind regards
Pinklady21

Thanks in advance. [/QUOTE]

diolch

pinklady21 wrote: »

Scared45:

Remember that in the end, you may not be selected for a medical interview, they may be able to assess you on the information in the ESA form and any other medical reports you can provide. So make sure you do your homework!
http://www.meassociation.org.uk/?p=5567

Kind regards
Pinklady21

Thanks in advance.

[/QUOTE]


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!

Invalidation

Wot's a Med3?
Some of us have never had anything.

richard9991

Invalidation wrote: »

Wot's a Med3?
Some of us have never had anything.

a med 3 is a sick note now called a fit note

NASA_2

A med3 is a sicknote (Rebranded 'fitnote') which is required in order to get payment.

People who have are dying within six months dont need them - nor do those who can be treated as having limited capability for work related activity or having a limited capability for work.

Scared45

Thanks, Pinklady21 - this is all of tremendous benefit and comfort to me. My various mental health problems have gotten worse this year and being asked to fill in ESA forms so soon after my last IB50 really scares me.

I'm convinced they just want as many people to switch to JSA as they can get away with.

I will do as you say, write to them, engage with a local advocacy service then see my M.P. if necessary.

Thanks to everyone else who has posted also.

Cpt.Scarlet

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!

Or you can be sensible and send your medical evidence with the ESA50, just make sure that it is firmly attached, staples, tape, etc., just not loose or a seperate packet.

System

Cpt.Scarlet wrote: »

Or you can be sensible and send your medical evidence with the ESA50, just make sure that it is firmly attached, staples, tape, etc., just not loose or a seperate packet.

Do they accept evidence sent with the ESA50? I only ask as it specifically says NOT to send anything else with it?

Molly41

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.

NASA_2

You definately can send stuff with the ESA50, or before its issued, or after you have returned it.

If you send it in with the ESA50 make sure it is securely attached as it will be getting passed from ATOS to DWP.