Incapacity benefit, esa assessment!

andyathers

Employment and support allowance claimants who want to appeal against a decision they are capable of work will be forced to claim jobseekers allowance or go without benefits, possibly for many months, under a clause in the welfare reform bill currently going through parliament. Astonishingly, the government is already consulting on whether their harsh changes to the appeals procedure go far enough. We are urging readers to respond.

Currently, claimants who are found fit for work can continue to receive ESA at the assessment rate by immediately lodging an appeal if they think the decision is wrong. ESA will then remain in payment until the appeal is decided.

That is all set to change, however, under clause 99 of the welfare reform bill.

rogerblack

andyathers wrote: »

Employment and support allowance claimants who want to appeal against a decision they are capable of work will be forced to claim jobseekers allowance or go without benefits,

This is unclear, and may be incorrect.

See my post in response to andys other comment - http://forums.moneysavingexpert.com/showpost.php?p=51301525&postcount=2

And please don't multiple post.

blondee55

Would this still apply if you were being migrated from Incapacity Benefit to ESA?

rogerblack

blondee55 wrote: »

Would this still apply if you were being migrated from Incapacity Benefit to ESA?

It may.
It depends when you are transferred over, and what the result is of the consultation process.
For example, they may decide something like the ESA payments would only be suspended for a maximum of 4 weeks.
Or they might take the radical step of actually employing enough people to make a good decision rapidly first time, to avoid this being needed.

Again - nothing has been decided as to how this will be implemented. That is (in principle) due to be decided through the consultation process.
If you feel you will be disadvantaged - respond to the consultation mentioned in the above linked post!!!

OnePee

I had my ESA assessment yesterday morning & am not sure what happened. I arrived the 10mins early to be told there were 6 assessors present but only 1 I could see, finally went in 50mins late & a Dr introduced herself. She was very pleasant & her "bedside manner" truly calming NOT at all what I had expected & nothing like my previous 3 times. She didn't ask to look at my meds but rather just to talk to me while doing her 2 fingered typing not even direct questions just a quick ask & I felt she was listening the whole time to what I was actually saying. About 15mins in she said she thought she had seen & heard enough & went to speak to her supervisor saying she felt the rest of the test was not needed & too stressful, came back saying that had been excepted & I was to be given at least the minimum 15 points, I thanked her & left in complete shock, even my husband had been allowed some input something that has NEVER happened before. I am currently getting higher rate of IB.

Please can anyone tell me what happens now, which group am I likely to be placed in, what type of assessment was that & when do I request a copy of the report?

Sorry for all the questions & thanks

rogerblack

OnePee wrote: »

About 15mins in she said she thought she had seen & heard enough & went to speak to her supervisor saying she felt the rest of the test was not needed & too stressful,

While not of course certain - she might have needed a pee - the guidance states that if they think the claimant is eligible for the support group, they should interrupt the interview, and consult with a manager.

If this is the case, then the report is likely to reflect this, and the DWP rarely go against this decision.
It may however take several weeks for the DWP to process the claim, and the payments to increase.
You will get backpayment of the support group component, back to the 13th week of the claim.

You can request a copy of the medical from the DWP, write or call the details on the letter you got.

OnePee

Assuming she did not just go for a pee & I have understood you correctly, I can apply for a copy of the report from the DWP but would I do better to apply for the copy now or wait a week or so?

Also assuming I am placed in the support group will I have to send in sick notes all the time?

Thanks so much for your time & really useful information it is much appreciated:T

blondee55

Have spoken to DWP this morning, appeal has been accepted and they will start to pay the assessment rate into my account on Monday, and then every two weeks. Have to send a new Dr`s note in whilst awaiting the appeal to continue to get the assessment rate, this is not a problem as my Dr has promised to support me with my appeal.

Muttleythefrog

OnePee wrote: »

Assuming she did not just go for a pee & I have understood you correctly, I can apply for a copy of the report from the DWP but would I do better to apply for the copy now or wait a week or so?

Also assuming I am placed in the support group will I have to send in sick notes all the time?

Thanks so much for your time & really useful information it is much appreciated:T

I'd wait a couple working days before requesting the medical report (ESA85) from the DWP... but you can request it now if you wish and hopefully they'll send a copy ASAP.

Once you pass the WCA and are therefore placed into Work related activity group (WRAG) or Support Group then you no longer need to supply sicknotes. However it is worth saying that the DWP can take quite a while in making a decision so be prepared to get another if one is due soon. It does sound from your description of events that curtailment may have applied (assessment halted when support group criteria met)... but definitely sounds like you should at least get WRAG. ATOS don't decide the outcome of the WCA but the report from a face to face ATOS medical is usually taken as powerful evidence by the decision maker.

OnePee

Muttleythefrog wrote: »

I'd wait a couple working days before requesting the medical report (ESA85) from the DWP... but you can request it now if you wish and hopefully they'll send a copy ASAP.

Once you pass the WCA and are therefore placed into Work related activity group (WRAG) or Support Group then you no longer need to supply sicknotes. However it is worth saying that the DWP can take quite a while in making a decision so be prepared to get another if one is due soon. It does sound from your description of events that curtailment may have applied (assessment halted when support group criteria met)... but definitely sounds like you should at least get WRAG. ATOS don't decide the outcome of the WCA but the report from a face to face ATOS medical is usually taken as powerful evidence by the decision maker.

Thanks for that, think maybe I will wait until Monday to request the report
I really appreciate your time & input
Now to wait & see but will let you guys know what happens