IB to ESA transfer - question

Zziggi

My OH is on HRC & HRM of DLA and has always been exempt from IB reassessment and defined as 100% disabled. He has received the paperwork for the ESA migration.

zzzLazyDaisy

jonliv wrote: »

I am on HRM HRC DLA and was transferred to ESA(C) Support Group on Oct 5th IB ended on the 4th Oct
When I filled in my ESA50 I did NOT send any supporting medical evidence nor was I sent for an ATOS medical I believe DWP looked at my medical history that they had on hand and made the decision to place me in the support group

Good luck hope everything goes well and try not to worry

Jono

Thanks for that, it is good to hear from someone who has something encouraging to say about the process.

zzzLazyDaisy

Zziggi wrote: »

My OH is on HRC & HRM of DLA and has always been exempt from IB reassessment and defined as 100% disabled. He has received the paperwork for the ESA migration.

Good luck and let us know how you get on x

zzzLazyDaisy

So, it is a year since I first posted about this and I have not heard anything at all about being transferred over to ESA.

I am exempt from reviews on IB (on two grounds - my illness is one of the exempt conditions under IB rules as it is permanent and degenerative, and I am also exempt because I am on HRC DLA).

I am beginning to wonder if I have been forgotten!

Anyone else on indefinite IB who has not yet started the transfer process?

TOBRUK

Hi zzzLazyDaisy, I am on HRC and HRM DLA, and was on IB. I was transferred to ESA last month after filling in the ESA50 form. I have been placed in the Work focused group! The decision was made by a nurse (stated on medical report) and I WASN'T CALLED FOR ASSESSMENT! There were a few facts that were incorrect on the medical report. It also stated on the form that it was unlikely that there would be a change in my condition for at least 2 years!

I wrote them a letter pointing out the mistakes on the medical report (with walking problems and my condition - symptoms and what the prescribed medication is for, which was totally wrong) but I have not yet had a reply. There is no way I will be able to work and do not understand why they haven't placed me in the support group.

It will be interesting what they do to my DLA when it eventually becomes UC!

It is clear that you are not exempt if you receive both HRC and HRM DLA as I have been placed in WFG!

zzzLazyDaisy

TOBRUK wrote: »

It is clear that you are not exempt if you receive both HRC and HRM DLA as I have been placed in WFG!

There are no exempt conditions under ESA. Everyone must be assessed, including people who are totally bed-bound. In the early days of ESA assessments I heard of one person who had to be taken to his assessment on a stretcher, because he was unable to sit in a wheelchair following a stroke, but the powers that be refused to assess him on the paperwork. Hopefully that sort of thing doesn't happen any more.

But yes, paper assessments are also fraught with difficulties. A friend's daughter, also on HRC HRM, unable to walk or push her wheelchair unaided, and also has learning difficulties (all documented), was recently unable to attend her assessment due to being in hospital for several weeks. The ATOS adviser who signed off her paperwork stated that she would be fit for work in three months! She was placed in the wrag group, but moved to the support group when her parents lodged an appeal (it didnt go to appeal, but was dealt with on a reconsideration).

The important thing with ESA is to understand the descriptors for the support group as they are very arbitrary, and you can be severely ill, and still not meet the descriptors... or comparatively well, and yet still meet the criteria for the support group!

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

If you feel that you have been placed in the wrong group it is important to appeal, as from next April everyone in the wrag group will be subject to compulsory work related activity or face sanctions. The DWP have given an assurance that 'training' will be tailored to the person's capabilities, and no-one will be expected to do anything which might adversely affect their medical condition. But with ATOS at the helm, I have little confidence in that assurance.

This article is a year old, but it gives an indication of what to expect

http://www.newcastle.gov.uk/benefits-and-council-tax/welfare-rights-and-money-advice/compulsory-work-related-activity#what

rogerblack

zzzLazyDaisy wrote: »

There are no exempt conditions under ESA.

There are a number of specified diseases that lead to ESA, without requiring the work capability assessment.

These include those that are likely to lead to death within six months, various serious infectious diseases, and problems in pregnancy that are a risk to the life of the unborn, as well as those treated, or recovering from tube-based chemotherapy.

zzzLazyDaisy

rogerblack wrote: »

There are a number of specified diseases that lead to ESA, without requiring the work capability assessment.

Thanks - but my point was (perhaps badly put)- under IB rules, certain conditions are exempt from regular reviews - mostly serious/degenerative conditions, and also people who are on HRC DLA are exempt from reviews. Those people are on indefinite IB because it is accepted that their condition cannot improve and/or can only get worse. There is no such exemption under ESA.

(I accept that the conditions that you refer to allow ESA without the work capability assessment, but they do not exempt the claimant from reviews or periodic assessments - which would make sense because the type of condition that you have cited is, by its nature, temporary).

LadyMorticia

I'm on IS for reason of incapacity and also HRC and HRM and the HRC exempts me from the medicals and I haven't been transferred yet.

I'm dreading it to be honest but I have a supportive GP and mental health team (I have severe mental health problems as well as severe M.E) so I'm hoping it will be a smooth transition.

zzzLazyDaisy

LadyMorticia wrote: »

I'm on IS for reason of incapacity and also HRC and HRM and the HRC exempts me from the medicals and I haven't been transferred yet.

I'm dreading it to be honest but I have a supportive GP and mental health team (I have severe mental health problems as well as severe M.E) so I'm hoping it will be a smooth transition.

I hope all goes well for you. However, as you are on IS, assuming you are accepted onto ESA, you will go onto means tested ESA, which does not expire after 12 months. CB ESA expires after 12 months unless you are in the support group, in which case it continues. So for people moving from IB to ESA, who have serious medical conditions, genuinely preventing them from working, the total loss of income is a serious concern.