Incapacity benefit, esa assessment!

zoominatorone

MUMZ2BEE wrote: »

Just been given the information by a friend who is on a forum.

Aparently you get asked questions like "Do you go to nightclubs", "Do you have pets", that sort of thing.

I thought upon reading this the questions seem very very personal!!

I know for a fact that ATOS try and trip you up, so I shall write my answers down before I go!!

After 22 years on incapacity benefit, it must be very frightening thinking they might think you will have to be supported by your partner, or get yourself into work?

[Deleted User]

Hi,

Can anyone tell me which ESA group you are put in if you have received and are recovering from Intravenous Chemotherapy please?

Many Thanks

tornado

MUMZ2BEE

zoominatorone wrote: »

After 22 years on incapacity benefit, it must be very frightening thinking they might think you will have to be supported by your partner, or get yourself into work?

Maybe I should have stayed single and living on my own I would have been better off!!

My partner only earns £18K after tax etc, and as he pays the mortgage, the loss of my benefit would mean money would be very tight for us!!

Muttleythefrog

tornado wrote: »

Hi,

Can anyone tell me which ESA group you are put in if you have received and are recovering from Intravenous Chemotherapy please?

Many Thanks

tornado

Oh let's have a look.. I'm no expert but this is the WCA manual.
http://www.dwp.gov.uk/docs/wca-handbook.pdf

It says in relation to I.C. Page 34

The claimant is receiving treatment by way of intravenous, intraperitoneal, or intrathecal, chemotherapy or recovering from that treatment or is likely to receive such treatment within 6 months of the date of the determination of capability for work will be treated as having limited capability for work related activity

LCWRA refers to Support group qualification as opposed to WRAG which is LCW. So it appears Support group.

It goes on to state on page 35

The fundamental basis of the "chemotherapy" Support Group criterion is that this represents only a very small number of people with such severe levels of disability that it would be quite unreasonable to require them to engage in work related activity. Those undergoing chemotherapy for malignancy will often have considerable fatigue, be at risk of infection and suffer other severely debilitating effects. Each individual case should be considered carefully with respect to the impact of the treatment and side effects. When providing advice on prognosis for Support Group inclusion the nature of the condition and duration of chemotherapy should be considered. In addition, those who are expected to undergo chemotherapy within a 6 month period of the assessment will also fulfil criteria for entry into the Support Group. (This allows us to make a "balance of probability" decision on someone who is still waiting to be told plans)

[Deleted User]

Muttleythefrog wrote: »

Oh let's have a look.. I'm no expert but this is the WCA manual.
http://www.dwp.gov.uk/docs/wca-handbook.pdf

It says in relation to I.C. Page 34


LCWRA refers to Support group qualification as opposed to WRAG which is LCW. So it appears Support group.

It goes on to state on page 35

Hi Muttleythefrog,

Thank you, I read that in the handbook but i didn't really understand it, to be honest nothing makes sense to me at the moment. My ESA50 is being posted back to them tomorrow, just hope i don't get called for a medical.

Many Thanks for your help, i really appreciate it.:beer:


tornado

Muttleythefrog

tornado wrote: »

Hi Muttleythefrog,

Thank you, I read that in the handbook but i didn't really understand it, to be honest nothing makes sense to me at the moment. My ESA50 is being posted back to them tomorrow, just hope i don't get called for a medical.

Many Thanks for your help, i really appreciate it.:beer:


tornado

Ah I see. Is there anyone who can support you through this? Many claimants seem badly positioned to handle their ESA claim... espcially given the DWP seem badly situated to handle it too and you can end up battling for clarity and information.

Hopefully you've given relevant information in the ESA50 form... if so then they should do the right thing and determine that you should not face medical but should be placed in the Support group because of exceptional circumstances. If you have any supporting medical evidence showing the recent treatment (such as hospital appointment letter for the treatment) then include it with the ESA50... a copy of it.. keep the original in case they lose it.

Let us know if things don't go as expected... such as if you get called for medical. As I understand it, if they verify the exceptional circumstances apply then the only question for them to answer is what is the prognosis... prognosis being what determines when you should next be assessed. My understanding is that if the system works as it should then you should not be given a functional work capability assessment this time... you should be fast tracked to support group.

[Deleted User]

Muttleythefrog wrote: »

Ah I see. Is there anyone who can support you through this? Many claimants seem badly positioned to handle their ESA claim... espcially given the DWP seem badly situated to handle it too and you can end up battling for clarity and information.

Hopefully you've given relevant information in the ESA50 form... if so then they should do the right thing and determine that you should not face medical but should be placed in the Support group because of exceptional circumstances. If you have any supporting medical evidence showing the recent treatment (such as hospital appointment letter for the treatment) then include it with the ESA50... a copy of it.. keep the original in case they lose it.

Let us know if things don't go as expected... such as if you get called for medical. As I understand it, if they verify the exceptional circumstances apply then the only question for them to answer is what is the prognosis... prognosis being what determines when you should next be assessed. My understanding is that if the system works as it should then you should not be given a functional work capability assessment this time... you should be fast tracked to support group.

Hi,

My Doctor has given me a letter to send in with my form, i do have other illnesses so i have given as much information as i can. I can only hope that whoever reads my form will read up about my illnesses because i doubt very much they will know much about them.

I'm thinking the worst so i have already asked someone to attend the Medical with me, but i've told him to leave his wig at home;)

Thank You again.

tornado

[Deleted User]

Muttleythefrog wrote: »

Ah I see. Is there anyone who can support you through this? Many claimants seem badly positioned to handle their ESA claim... espcially given the DWP seem badly situated to handle it too and you can end up battling for clarity and information.

Hopefully you've given relevant information in the ESA50 form... if so then they should do the right thing and determine that you should not face medical but should be placed in the Support group because of exceptional circumstances. If you have any supporting medical evidence showing the recent treatment (such as hospital appointment letter for the treatment) then include it with the ESA50... a copy of it.. keep the original in case they lose it.

Let us know if things don't go as expected... such as if you get called for medical. As I understand it, if they verify the exceptional circumstances apply then the only question for them to answer is what is the prognosis... prognosis being what determines when you should next be assessed. My understanding is that if the system works as it should then you should not be given a functional work capability assessment this time... you should be fast tracked to support group.

Hi Muttleythefrog,

I received the dreaded brown envelope this morning,lol:eek:

Good news, I have been placed in the support group without having to attend a medical, can't tell you how relieved i am.:j

Thank you for your advice, much appreciated.:T

tornado

blondee55

rogerblack wrote: »

If the appeal fails, then you can reapply for ESA - but only if it's been 6 months since the last determination of your ability.
So, if the tribunal takes over 6 months, you can apply straight away.

Hi, only just got my appeal result today, unfortunately the appeal failed:eek: Am I right in thinking that I can reapply for ESA as per the quoted post above?

Muttleythefrog

blondee55 wrote: »

Hi, only just got my appeal result today, unfortunately the appeal failed:eek: Am I right in thinking that I can reapply for ESA as per the quoted post above?

Sorry to hear that. Just checking... it was 4 months ago the tribunal decided it needed to seek more medical information before making its decision. It's worth noting that your non attendance quite possibly cost you here... it's entirely possible that had you attended then the relevant information they needed they could have gained from you... the best source of evidence quite possibly. Of those reporting losing appeals on MSE I'd say most didn't attend. Anyway... that is the past. You should be able to reapply and get payments provided you can get sicknotes to qualify until you are assessed via the WCA (after around 3 months) again and hopefully pass.

Application can be made easily enough.. refer the government website page.
https://www.gov.uk/employment-support-allowance/how-to-claim