IS->ESA, failed medical, on appeal, no benefits!

SidP

Hi,
I have been on Income Support (IS) in lieu of Incapacity Benefit (IB) for several years. Recently I was assessed by ATOS for transition to ESA, failed and have had to raise an appeal.

Unfortunately, owing to conflicting information from several official sources, I now find myself entirely without benefits.

My advocacy service (provided and funded by my local council) submitted my GL24 to the DWP and told me that, whilst on appeal, I'd receive a special assessment rate of ESA until the appeal is concluded, and that there was nothing more I needed to do.

However, the DWP have decided not to place me on the special assessment rate because I "have to keep submitting my sick lines (Medical Certificates) from my GP". However, I've never submitted sick lines - this is one of the characteristics of receiving "Income Support in lieu of Incapacity Benefit". I explained this to the DWP advisor (in fact a floor manager). She remained adamant that I must now submit sick lines. She claims this has always been the required practise for receiving ESA whilst on appeal.

This is causing a great deal of stress for me as at the moment I'm on no benefits at all. Can someone here point me to official, verifiable, current information that confirms my advocacy group's information?

NB: Please don't take this the wrong way, but I know many of you will want to offer information of the, "I'm pretty sure…", "In my experience…" or "So far as I'm aware…" type, but that gets me nowhere. I really need something I can present to the DWP, along the lines of a PDF or DWP webpage.

Thanks guys.

nannytone_2

you may not ghave had to sibmit sick notes for income support ....
but you are no longer on income support ... you are appealing abn ESA decision, and sick notes have to be submitted while in the assessment phase of ESA.
therefore to be eligable, you need to submit a current sick note

samjef11_2

nannytone wrote: »

you may not ghave had to sibmit sick notes for income support ....
but you are no longer on income support ... you are appealing abn ESA decision, and sick notes have to be submitted while in the assessment phase of ESA.
therefore to be eligable, you need to submit a current sick note

For how long do you have to send them sick note every month?

Boa

Yes you do need to submit sick notes. I'm not exactly sure what you want to show to the DWP? I can assure you 100% that you need to submit them until your appeal has been heard. Until then you will receive assessment rate (basic allowance) of ESA.

mikey_bach

You have been transfered from IB to ESA, you have failed your medical,
found fit for work.
Of course you disagree with this so you are appealing GL24 in.
You will need sick/fit notes from your doctor to cover you whilst your appeal is heard.
Why you ask, you are saying you are not fit for work so are appealing, the DEPT says you need proof that you are not sick whilst its heard,
hence the proof required a fit note from the doctor.
It will be up to you to make sure that you keep them up to date as well as your claim progresses to make sure your new ESA claim is kept live in payment.
As soon as they have the GL24 and the fit not you will be processed. £71 if over 25.

pmlindyloo

Here's a link to back up the information given above that you do need to present 'fit notes':

http://www.adviceguide.org.uk/england/benefits_e/benefits_sick_or_disabled_people_and_carers_ew/employment_and_support_allowance.htm#appealing_against_an_employment_and_support_allowance_decision

Boa

Also, I would be questioning the organisation that's representing you if they told you that no sick notes were needed. I'm not saying that to be snarky.

SidP

Thanks for the quick replies

So, if your opinions are correct, it would appear that my advocacy service let me down badly. If they'd informed me of the sick line requirement back in _MAY_ when I submitted my appeal, I would have had time to get an appointment with my GP and prepare the sick line. At the moment, my benefits have already officially stopped, and my next payment was due this Thursday.

Can one of you offer a link to something official, though? Something I can present as authoritative to my advocacy service? I've been misinformed by so many official bodies on so many things over the years that nothing less will do. I hope you understand

SidP

pmlindyloo wrote: »

Here's a link to back up the information given above that you do need to present 'fit notes':

Hi, you posted this while I was composing my reply.

Boa wrote:

Also, I would be questioning the organisation that's representing you if they told you that no sick notes were needed. I'm not saying that to be snarky.

I'm making an appointment with the CAB tomorrow. Given staffing, funding and the number of people needing help I'm not sure how long that'll take though

SidP

pmlindyloo wrote: »

Here's a link to back up the information given above that you do need to present 'fit notes':

Hi,
I've read the info now, and I'm afraid it's not as conclusive as you think. It states:

You must also continue to provide medical certificates.

As I said, I wasn't submitting medical certificates, as they aren't require by the benefit I was on. I think this is a source of great confusion for all involved, including the DWP.

Boa

Basically as you are appealing you are being treated as being in the assessment phase.

30.—(1)!A claimant is, if the conditions set out in paragraph (2) are met, to be treated as having limited capability for work until such time as it is determined—
(a)whether or not the claimant has limited capability for work;
(b)whether or not the claimant is to be treated as having limited capability for work otherwise than in accordance with this regulation; or
(c)whether the claimant falls to be treated as not having limited capability for work in accordance with regulation 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work).


(2)!The conditions are—
(a)that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations. Paragraph (2)(b) does not apply to you. Evidence of limited capability for work = sick note.

This is from the ESA Regs, regulation 30. I'm not allowed to post links, sorry.