ESA50 form & ATOS medicals

DepressedInsomniac

Hi everyone, hope you can give me some advice please.

I've been sent the ESA50 form this week as they're now moving me off IB onto ESA. As you can no doubt understand, I'm extremely worried about this whole procedure as I've previously been exempt from the PCA tests so it's my first experience of filling in these forms & attending medicals I've been on IB for several years now due to severe MH illness (rapid-cycling bipolar & anxiety issues) and I'm also in receipt of DLA HRC/LRM.

I don't want to stay on benefits for the rest of my life and have been slowly working towards getting myself "back out there" but it's been a long slow process and putting pressure/stress on me like this could set me back many months. I'm at the stage now where I'm attending college a few hours a week to get me used to leaving the house & being around other people again but it's not been easy and I've already needed time off due to stress after just a few weeks attending.

I'm now terrified that if ATOS know I'm attending college they will find me capable of work and stop all my benefits. I'm not ready for work yet, nowhere near it, but left to my own devices I possibly could be within a year or two. At the very least I'd be in a position to work self-employed with the qualifications I hope to achieve, which is probably the best I can hope for. If they put me on JSA I'd have to stop the college course and end up back at square one with absolutely no hope of finding work even if I could

I'm not sure what to do

MrsManda

The only thing you can do is to fill out the form with as much detail as possible.

It's worth going seeing your doctors/specialists to tell them that you are filling out the form and explain your worries. If they think you are too unwell to work but that the college course is providing a way to slowly get you back on your feet then they'll be able to mention it as a form of therapy (probably not the right phrase but I hope you know what I mean) if they're asked to provide a report.

Or you could ask them to write a letter of support to include with your form initially.

From your description I would expect you to be put in the Work Related Activity Group which isn't as scary as it sounds. It means you are expected to do something towards getting back to work which can include things like your college course which you are doing already.

If you've got support workers you may find it helpful to get them to help you fill out the form. Don't be worried about adding extra sheets of paper if you run out of space in the boxes, put in as much detail as you can.

You can read the desriptors as to what they're looking for when assessing your form by downloading the guide to the work capability assessment from here:
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_172012

or opening the .pdf directly by clicking on this link
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

DepressedInsomniac

Do you think I should keep quiet that I've started doing a few hours at college until/unless I have to go for JC interviews or do you think it would be more beneficial to tell them now, and describe the difficulties & extra stress it has placed on me as a result?

rogerblack

Leaving out things that could be seen by others as important gives them an easy way to dismiss your claim, or even to chase you for an overpayment later, claiming you weren't entitled to it.

Explaining your case now, in detail, with all the problems this causes you, is the best way, generally.

Scarab

'If they put me on JSA I'd have to stop the college course and end up back at square one with absolutely no hope of finding work even if I could.'

If you are refused ESA, you just appeal, the tribunal will take anything up to 12 months to hear your appeal and in the meantime you will be given £67.50 per week assessment rate and not required to look for work as you would be under JSA (although Dame Black who introduced the Orwellian fit note is working hard to get the assessment phase abolished so claimants DO have to sign on for JSA if refused ESA whilst waiting for their appeal to be heard).

The other point you make about attending college is the same as people doing permitted/voluntary work and I'll say this to all claimants considering these activities, by participating, no matter how noble the cause, you are seriously undermining your case with the DWP to be placed in the support group as they will see you have 'capabilities', why do people put themselves in this position!

Btw it would be a good idea as roger says not to mislead the DWP for the reasons mentioned, it would be far better to give up college whilst your being assessed, as I've said attending college will not help your cause.

DepressedInsomniac

Scarab wrote: »

'If they put me on JSA I'd have to stop the college course and end up back at square one with absolutely no hope of finding work even if I could.'

If you are refused ESA, you just appeal, the tribunal will take anything up to 12 months to hear your appeal and in the meantime you will be given £67.50 per week assessment rate and not required to look for work as you would be under JSA (although Dame Black who introduced the Orwellian fit note is working hard to get the assessment phase abolished so claimants DO have to sign on for JSA if refused ESA whilst waiting for their appeal to be heard).

The other point you make about attending college is the same as people doing permitted/voluntary work and I'll say this to all claimants considering these activities, by participating, no matter how noble the cause, you are seriously undermining your case with the DWP to be placed in the support group as they will see you have 'capabilities', why do people put themselves in this position!

Btw it would be a good idea as roger says not to mislead the DWP for the reasons mentioned, it would be far better to give up college whilst your being assessed, as I've said attending college will not help your cause.

Thank you for your comments and apologies for the delay in replying but the stress of all this has made me quite poorly again

The bit I've highlighted above would mean having to give up the college course anyway if it were to happen as a) I would no longer be able to afford to go and b) having to sign on & attend interviews would be extremely difficult for me due to the location of the nearest job centre so I would be left with only my DLA to live on.

DepressedInsomniac

Will ATOS routinely ask my GP for supportive medical evidence or do I need to ask him to write a letter for me?

rogerblack

ATOS do not routinely contact your GP, nor do the DWP.
They may do, if they consider it's important, but they may not consider it so.
Make sure your GP is up-to-speed, and make sure you know which descriptor(s) of ESA you are going for'.

A letter saying 'X has Y, and will never work again' is almost useless, unless Y is a condition which always implies that you will meet one of the descriptors for ESA.
(for example, epilepsy with fits occurring more than once a week).

A letter saying 'X can usually only walk 10m without pain, and cannot use a manual wheelchair' - for example would be much more useful than one just saying 'X has bad arthritis, and can't work again'
http://www.dwp.gov.uk/docs/m-06-11.pdf are the descriptors.