Esa phases and assesment

LisaB85

My stepdad was IB for years after a car accident, he tried to work but could no longer do it so claimed ESA in April.

Tomorrow he has to go for a medical the first since he claimed ESA they have not asked him to complete any forms which is different to IB assessments where you were required to complete a form then would either be told to claim JSA or IB is ok.

How does ESA work?

He does want to get back to work but he will find it hard with poor numeracy and literacy, he did manual work all his life which is cannot do anymore.

rogerblack

He would normally be expected to - on a new application for ESA - fill out a ESA50 form.
In the case of someone transfering over from IB - they may feel they have enough information on his condition so this is not required, and they can go directly to the medical.

It's vitally important to understand that ESA is _NOT_ granted because you can't reasonably work.
It's granted because you pass one or more of the descriptors for either the support or work-related group. (or that it would cause a serious risk to any persons health if he was found to be fit, or ...)

http://www.dwp.gov.uk/docs/m-06-11.pdf

Lists the current descriptors.

Poor numeracy and literacy do not gain you any points at all.
If you elaborate on his condition, others may be able to suggest areas where he may gain points that you haven't thought of, or wouldn't be obvious at the medical.

0191kate2172

Firstly please may I apologise if I am sending this 'SOS' in the wrong thread etc, never have I had to post a help to anyone before. I will try to be as brief as possible. I have been on ESA for nearly two years after suffering from a degenerative crumbling spine, arthritus etc, I am on permanent morphine for pain which in turn makes me drowsy etc, everyday tasks are impossible for me to do, my mother looks after my everyday needs etc. I went for a medical several weeks ago (I have already had one medical around 1 year ago) and this morning I received a telephone call stating the doctor who examined me says I am capable of 'some' work, which means I have to sign on and be actively looking for work! If only I was capable!. I am also in receipt of DLA higher rate, which I presume will also be stopped (even though DLA say that it is a different benefits section? My DLA award is due to expire in Feb 2012 and I have sent my form stating I am in fact worse and wish to renew my claim for DLA. I am obviously going to appeal although I will only get ESA until April as the government have capped the length of time you can claim ESA. Any help or advice on where to turn would be greatly appreciated. A very worried genuine person trying to claim what she is entitled to, but the system is trying to stop me every way possible.:mad:

Cpt.Scarlet

LisaB85 wrote: »

My stepdad was IB for years after a car accident, he tried to work but could no longer do it so claimed ESA in April.

Tomorrow he has to go for a medical the first since he claimed ESA they have not asked him to complete any forms which is different to IB assessments where you were required to complete a form then would either be told to claim JSA or IB is ok.

How does ESA work?

He does want to get back to work but he will find it hard with poor numeracy and literacy, he did manual work all his life which is cannot do anymore.

They should not be holding a medical if an ESA50 has not been completed and returned.

Whilst there are circumstances where a decision can be rendered on existing information, this pre-supposes that a medical determination can also be made on current information.

If a medical is required, then there is not sufficient information already available and an ESA50 must be completed.

sunnyone

LisaB85 wrote: »

My stepdad was IB for years after a car accident, he tried to work but could no longer do it so claimed ESA in April.

Tomorrow he has to go for a medical the first since he claimed ESA they have not asked him to complete any forms which is different to IB assessments where you were required to complete a form then would either be told to claim JSA or IB is ok.

How does ESA work?

He does want to get back to work but he will find it hard with poor numeracy and literacy, he did manual work all his life which is cannot do anymore.

Your "family" with whom you live dont share information with you from your posts so far, so I wouldnt believe a word you useless (from your words ) step dad says, even less than your (^%$&^) mother says from your own words.

He has to have done a form or there is a procedural error, or he is not telling you everything like they didnt tell you about the payment/s for his injuries or that they were not paying the rent and were getting evicted.

rogerblack

0191kate2172 wrote: »

Firstly please may I apologise if I am sending this 'SOS' in the wrong thread etc, never have I had to post a help to anyone before. I will try to be as brief as possible. I have been on ESA for nearly two years after suffering from a degenerative crumbling spine,

See the link to the descriptors above, work out what ones you believe that apply to you.
Phone them up and ask for a 'statement of reasons', and for a copy of your medical.
This lets you know how they made their decision.
Now, find any evidence you can find to support your case that there are errors.
Put this in an appeal.

rogerblack

Cpt.Scarlet wrote: »

They should not be holding a medical if an ESA50 has not been completed and returned.

Whilst there are circumstances where a decision can be rendered on existing information, this pre-supposes that a medical determination can also be made on current information.

If a medical is required, then there is not sufficient information already available and an ESA50 must be completed.

The guidance is slightly ambiguous on this.
http://www.dwp.gov.uk/docs/dmgch42.pdf

Going back to the legislation - http://www.legislation.gov.uk/uksi/2008/794/part/5/made - I can see no obligation for them to send an ESA50, ever.

The legislation says that a form may be sent, if required.
It says a medical may be done, if required.

It specifically does not say that a form has to be sent, before more information is gathered, or that a medical can only be done following the form.

Cpt.Scarlet

42126 onwards covers the "Application of the Assessment"

42126 list the circumstances where LCW can be determined without an ESA50 being issued, in all other cases an ESA50 must be sent.

A request for ATOS to hold an assessment (whether a medical is held or not), is only made if a decision based on 42126 cannot be made.

Therefore if a medical is required an ESA50 must be issued as well.

If no ESA50 has been issued then there has been a failure of the process which would be grounds for appeal.

LisaB85

sunnyone wrote: »

Your "family" with whom you live dont share information with you from your posts so far, so I wouldnt believe a word you useless (from your words ) step dad says, even less than your (^%$&^) mother says from your own words.

He has to have done a form or there is a procedural error, or he is not telling you everything like they didnt tell you about the payment/s for his injuries or that they were not paying the rent and were getting evicted.

Yeah you have a point, did a budget plan for my mum......ignored it completely and forgot to add info so it was inaccurate

If he has to go on jsa it is tough really, although he cares more and more for my mum so may get carers in the near future.

MrsManda

LisaB85 wrote: »

Yeah you have a point, did a budget plan for my mum......ignored it completely and forgot to add info so it was inaccurate

If he has to go on jsa it is tough really, although he cares more and more for my mum so may get carers in the near future.

I find it very surprising that he applied for (and presumably has been receiving?) ESA in April and has never filled out a form. Even if he applied over the telephone he'd have received a form to check over, sign and return. My ESA50 came roughly the same time.

After the medical he'll be either found fit for work in which case he can appeal or claim JSA and actively look for work. Or put in the Work Related Activity Group which will mean he needs to take steps to get himself into work. This can involve doing voluntary work, gaining qualifications, going on the Work Programme... he'll get an advisor who will support him. As he has poor literacy/numeracy it may be suggested that he takes a course in basic literacy/numeracy skills.
Given what you've said he's unlikely to be put into the Support Group.

Does your mum claim DLA with Middle or High rate care?

MrsManda

0191kate2172 wrote: »

and this morning I received a telephone call stating the doctor who examined me says I am capable of 'some' work, which means I have to sign on and be actively looking for work! If only I was capable!. I am also in receipt of DLA higher rate, which I presume will also be stopped (even though DLA say that it is a different benefits section? My DLA award is due to expire in Feb 2012 and I have sent my form stating I am in fact worse and wish to renew my claim for DLA. I am obviously going to appeal although I will only get ESA until April as the government have capped the length of time you can claim ESA.

As Rogerblack said, you need to ask for a statement of reasons, a copy of the medical report and request an appeal.

In terms of 'signing on' do you mean that you've been told that you are not eligible for ESA and have to claim JSA or that you have been put in to the Work Related Activity Group? If you've been put into WRAG this is not the same as having to sign on and be actively looking for work. It means you may be capable of doing some work with the right support and therefore you will have a disability advisor at the jobcentre who will talk to you about your issues and make suggestions as to what help/support is available. This doesn't necessarily mean looking for work but can mean doing some studying, voluntary work or other activities. The advisor also can use his discretion and suspend further appointments for upto 6 months if they think you're not quite ready.

You won't lose your DLA on the basis of being taken out of the ESA Support Group. They are assessed by different sections (though I think information can be shared) and DLA is not an out of work benefit so being found capable of doing some form of work activity does not mean you are not entitled to DLA.

Providing the Welfore Reform Bill is passed in it's current form ESA claims are only going to be capped for 12 months if claiming Contributions Based Work Related Activity Group. You can then be assessed for Income Based ESA which won't be capped. People in the ESA Support Group claiming either CB or IB won't be capped.