Esa Medical report arrived today

TOBRUK

Muttleythefrog wrote: »

TOBRUK. They can re-assess you at any time but it is quite likely they will use the 2 year prognosis (which will be longer than average.. maximum is usually 3 years and most claimaints probably fall from 6 to 18 months). If you're entitled to IR ESA then obviously payments would continue indefinitely. If you were getting contrib based ESA and couldn't be transferred to IR then after 12 months the payments would stop as contrib based ESA is time limited for payments to 12 months in WRAG (no time limit in support gp).

My advice is focus on the support group descriptors..the report like many (or even worse usually if a full face to face medical report) will be riddled with inaccuracy and error (to be blunt) but only convincing the DWP or later an appeal tribunal panel that you meet a support group descriptor will bring success. So focus your efforts accordingly.. i.e. don't get too distracted by discrediting the dodgy report. I would advise appealing rather than asking for reconsideration if you do decide it is worth challenging the decision... as DWP will automatically reconsider anyway upon receiving a valid appeal request. Appeal can be made on GL24 form or otherwise in letter form. Supporting medical evidence could be very useful.. the closer it relates to giving opinion that a particular (or several) support group descriptor applies the better. Be aware the mobilisation descriptors are regarded as pretty tough... an imaginary wheelchair can be manifested even if you don't use one for applying the test of whether the descriptors are applicable to you as example.

To add. The contradictory nature of prognosis. The prognosis is about as scientific and serious as a a story about Peter Pan. It's very basic and effectively nothing more than a choice from drop down menu of limited options I understand.

Thank you Muttleythefrog, it is difficult to know what to do isn't it. Perhaps it is easier to leave it although the mobilisation they had wrong does bug me! I do qualify under the 'support group' on this, I wouldn't be able to push a wheelchair as I don't have use of my right arm.

I haven't filled in the form to be placed on IR yet and the timeline to ask for appeal (28th October) will have passed by then!

Wait a minute I have just looked now at the DWP letter again and it says:

you are entitled to both contribution-based and income-related Employment and Support Allowance ...

Does this mean then that my allowance won't be dropped after a year? Was the woman I spoke to over the phone wrong to say that I was placed on contribution based when she looked it up? If this is the case maybe I should forget asking to be placed in 'support group'!

Can you be placed on both as it states in the letter?

I don't want to think what they will do about my DLA!

Muttleythefrog

TOBRUK wrote: »

Thank you Muttleythefrog, it is difficult to know what to do isn't it. Perhaps it is easier to leave it although the mobilisation they had wrong does bug me! I do qualify under the 'support group' on this, I wouldn't be able to push a wheelchair as I don't have use of my right arm.

I haven't filled in the form to be placed on IR yet and the timeline to ask for appeal (28th October) will have passed by then!

Wait a minute I have just looked now at the DWP letter again and it says: Does this mean then that my allowance won't be dropped after a year? Was the woman I spoke to over the phone wrong to say that I was placed on contribution based when she looked it up? If this is the case maybe I should forget asking to be placed in 'support group'!

Can you be placed on both as it states in the letter?

I don't want to think what they will do about my DLA!

Believe it or not you can get a bit of both (presumably if contributions insufficient to get full payments of Contrib based).. and you can get contrib based but have underlying entitlement to income related. I appear to get a bit of both... rather confusing to be honest and certainly not explained in any document sent to me. What I think you need to explore is whether you'd be entitled to full income related ESA... and that'll depend on your savings, income (some things aren't counted like DLA) and whether you have a partner and if they work. If you'd pass the means test to get full IR ESA then the issue of losing payments (or part of your payments) if in WRAG beyond a year is something that can be ignored.

TOBRUK

Thank you again Muttleythefrog, Well I live on my own, no partner, no other income apart from DLA and no savings! Would this mean I don't need to worry and don't need to fill another form? The woman looked up and told me that they'd placed me on 'contribution based' and they shouldn't have, but my letter they say I have both!??? Could she have made a mistake?

Because as you noted there is no information in the letter other than I am entitled to both Income Related and Contribution based.

This is very confusing ... well to me anyway!

Muttleythefrog

TOBRUK wrote: »

Thank you again Muttleythefrog, Well I live on my own, no partner, no other income apart from DLA and no savings! Would this mean I don't need to worry and don't need to fill another form? The woman looked up and told me that they'd placed me on 'contribution based' and they shouldn't have, but my letter they say I have both!??? Could she have made a mistake?

Because as you noted there is no information in the letter other than I am entitled to both Income Related and Contribution based.

This is very confusing ... well to me anyway!

What makes it confusing is DWP staff generally seem to know so little about ESA. In fact the only person at the DWP who gave me any indication they had a clue what they were talking about was when I got a call back on this very issue.. I queried this contrib/IR issue (as I couldn't make sense of their calculation for taxable benefit.. it seemed I was getting taxed on my ESA but not all of it) and the person actually was able to give me a breakdown of how much of each I was getting. It sounds like you'd meet the means testing eligibilityfor full IR ESA without any problem but I'd be tempted to do nothing. You can ask to be assessed for income related ESA at any time and I believe completing ESA3 form triggers that. I don't really see any advantage to you bothering at this time... if your award letter (check the back page) references you get or are entitled to income related ESA then that should do as proof if you needed to claim income related things like free dental treatment. If you are in WRAG for a year then their hand will be forced to assess your entitlement to IR ESA. I'm no authority on this subject I should say so others may give better advice here.

TOBRUK

Muttleythefrog, Thank you once again! It is so good having people like you around to help and advise, so reassuring - much appreciated.

The ESA3 is such a long form and so exhausting to fill in! It is just the exact same 'book' I filled in last July after moving to a different area, and as there has been no change of circumstance I don't think I need to fill in another!

When you say 'check the back page' do you mean the ESA Allowance award on page 5 where it states - 'your income-related amount is ...'?

Do you know, I think I may phone them again this week to see what I'm told. I shall tell them what I was told last week but since reading the award letter again that it states that I get both IR , if it is correct and ask whether I really need to fill in this ESA3 form.

What a palava!!!

looby75

Sorry to hijack the thread but I had my esa medical last week and am now waiting for the decision. My problems are mainly mental health and I have no doubt what so ever that they will say I'm fine to work even though my GP has just given me another 4 weeks sick note and insists she doesn't want me to be doing anything but concentrating on getting my mental health sorted for the time being.

Should I request a copy of my medical and if so how do I do it, or should I just wait for the decision letter and take it from there.

Muttleythefrog

looby75 wrote: »

Sorry to hijack the thread but I had my esa medical last week and am now waiting for the decision. My problems are mainly mental health and I have no doubt what so ever that they will say I'm fine to work even though my GP has just given me another 4 weeks sick note and insists she doesn't want me to be doing anything but concentrating on getting my mental health sorted for the time being.

Should I request a copy of my medical and if so how do I do it, or should I just wait for the decision letter and take it from there.

Definitely would request a copy of the medical report to either offer reassurance or advance warnings etc. Call the DWP.. number at top of DWP ESA letters and ask for copy of the ESA85 ATOS medical report. The decision could take months even though it may be nothing more than a rubber stamping of the ATOS advice.

Muttleythefrog

TOBRUK wrote: »

When you say 'check the back page' do you mean the ESA Allowance award on page 5 where it states - 'your income-related amount is ...'?

Do you know, I think I may phone them again this week to see what I'm told. I shall tell them what I was told last week but since reading the award letter again that it states that I get both IR , if it is correct and ask whether I really need to fill in this ESA3 form.

What a palava!!!

Yeah... the back page which gives break down of award shoudl reference the ESA type being paid... although not entirely clearly.

Might be worth calling them again... if you feel the agent on the phone hasn't a clue what they're talking about then perhaps insist on a call back from someone who can give you detailed information about the breakdown of your current award etc.

TOBRUK

Well hello again Muttleythefrog,

Yes, at the breakdown of allowance awarded it does again at the bottom state:

Your total income-related entitlement is £ ....

However I do think I shall ring them and ask which is correct, the woman I spoke to last week who looked it up on her system, or this letter. They are always very nice.