Advice on DLA and ESA

geministar2008

Hi

Someone i know is very worried they are currently on income support for ill health and were also in receipt of disability as well. The re assessment date for the claim is end of May this year, any how she has passed the disability re assessment indefinitely. What i would like to know does this mean she will now automatically move on to ESA, as she has not gone through the transition yet? If so does this mean more paperwork and assessments, or because she has passed the disability element she will automatically go on ESA?

Struggling to find the relevant info on the net as it seems to be aimed at those on ESA wanting to apply for disability.

I hope this makes sense

Thanks from a concerned friend.

Horseunderwater

When your friend has an indefinite DLA award - I assume that it is high rate for both elements? Then her next assessment will be after Oct 2015 as that is when DWP will begin writing to claimants for the transfer process to PIP (personal independence payments).
The transfer from IBen to ESA will happen or should begin approx 20 weeks before their next assessment date for IBen I should think. So they ought to expect to get a letter advising them that they will get a phone call to verify that bank account details their name and address Date of birth and National insurance number are still the same. After that - they may be sent form ESA50 to complete and return to ATOS - who will then consider which descriptors if any apply to them and if they meet one or more for the support group, they may not have to go for what is called the WCA (medical). On the other hand they might need to go to a medical, but if they are housebound and cannot travel to the local ATOS office, then it might be possible to arrange a home visit assessment, if one is needed. But until they get that first letter there is no point in stressing about it.
http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html
The link shows the ESA descriptors - you and your friend should read these through and see which ones are applicable, then concentrate on stating why they are if more than one along with a full list of med's taken and their effect on how they cope day to day with any side effects. Example being incontinence - do they have any accidents once a month or more often like at least once a week where a change of clothes and washing is needed. The first is the qualifier for the WRAG and the more often one is the qualifer for the Support group.

geministar2008

thanks for your response. Are you saying that as she has now had the indefinite response in terms of her disability she doesnt have to worry about the esa transferal just yet. This will be 2015? I know all about the descriptors etc with ESA its just confusing that she has been granted full disability but is unsure what is happening with the esa transferral she has had no incline as to when this may be and its hanging around her head and making her worse with worry. She is under the impression that although you can be awarded full disability they can still assess you as fit for work for esa? which i just dont understand as she clearly isnt fit for work... its just a bit confusing

Horseunderwater

geministar2008 wrote: »

thanks for your response. Are you saying that as she has now had the indefinite response in terms of her disability she doesnt have to worry about the esa transferal just yet. This will be 2015? I know all about the descriptors etc with ESA its just confusing that she has been granted full disability but is unsure what is happening with the esa transferral she has had no incline as to when this may be and its hanging around her head and making her worse with worry. She is under the impression that although you can be awarded full disability they can still assess you as fit for work for esa? which i just dont understand as she clearly isnt fit for work... its just a bit confusing

DLA is separate benefit - I assume that is the one that has been given an indefinite date.
ESA is the new version of Incap benefit and she will either be reassessed when the IB is due to be done or they will send a letter to her when they are ready. It is not technically linked to the DLA at all. Although both are in payment by DWP. She may be able to use the award for her DLA to help her to prove that she should be in the support group if the worst case scenario did happen, but as I said, until the first letter arrives - there is no point in worrying about what may or may not happen. I know that this is hard as the News papers and TV programs are giving out some bad cases and yes there are a lot of people being found fit for work when they did not ought to be. But until the process begins all you can do is to prepare your case in advance.
Go give her one of my virtual hugs.

geministar2008

ok thank you it is a terrible worry and like you say so much info on tv newspapers and internet. I have actually stopped wathcing the tv so much as its always doom and gloom these days. I will give her a virtual hug so basically although she has been given indefinte on dsa this means she will still receive paperwork from esa when the time is due to determine if she will be in the support group or work related activity group. I presume she wont be found fit for work due to her illnesses and being passing the dsa, that should go for her and she has a lot of supporting evidence from gps, consultants and so on. then i gather dsa will be ending and changing to personal independence payment from now onwards, but you say that she should be ok until 2015 as she has just passed her dsa assessment. God its all change and confusion all the time. Some people are just so ill they need to be left alone. She has worked hard most of her life until she was struck down by an array of illnesses and is in not position for all their stress. I know she will continue to worry but ill try and discuss all these points with her. Thank you again

iluvmarmite

Sorry if this upsets you but just because she is on the high rate of both DLA componants indef. doesn't mean she will be put in the support group, I also have the highest rates of DLA indef but when I sent my ESA form back they put me in the WRAG without an assessment, I was migrated over from incap Ben as well.

The used all my medical reports and supporting evidence to put me in the WRAG with out a face to face assessesment, it doesn't matter I get high rate DLA for a reason, to them they feel I can do some kind of work so they send me to the work programme, I am appealing the group though but it won't get looked at till at least may.

geministar2008

oh ok thanks for your response. Its just the not knowing and when things will change that really doesnt help matters. I'd never heard of personal independence payments until it was mentioned on here above. Just so many changes and confusion all the time. I'm not sure whether the info i have gathered for her will help or even if she will understand, now there is personal independence payments to go into now as well

geministar2008

iluvumarmite do you know when she could likely receive the esa transitional paperwork? ie when did you get yours was it just as you incapacity benefit entitlement was coming to an end? thanks

iluvmarmite

My incap was indefinite as well and I was migrated over in April last year, your friend should get hers soon. If she has hers for a specific time then she will definitely get it before it ends as incap doesn't exist any more, she won't have a gap inbetween payments though as they will keep paying the same rate untill all the paper work is done and she finds out which group she is in.

She may not need a face to face assessesment as not everyone has one and although that's a good thing in a way as they can be harrowing and confusing, in another way it's bad as they cannot see for themselves how the person is health wise and just go on reports and make their own mind up that way.

richard9991

although you can be found unfit for work without a face to face assesment no one can be found fiot for work without first being offered one.