ESA-it it best to get citizens advice or welfare person to fill in ESA50 form?

martin57

Hi folks,

Will be getting an esa 50 form in next few weeks to start migration from IB.

Just wondering is it best to get a citizens advice or welfare person to fill it in? I have done it myself in past but not sure this time, because of the complexity regarding WCA descriptors.

I take it I would still be totally responsible for whatever is put on the form (if someone else fills it in). I just think it might be easy enough for something to be misinterpreted if I got someone such as above to fill it in, as they mightn't write the right thing down that describes my illness.

Your thoughts appreciated whether to fill form in myself or to get the above to do as I have been in contact with them and they have kindly offered to do it for me.

Also when deciding whether a person is capable to do work does the DWP take into consideration or say that a person could or should try to find a job working from home using a computer etc.

Thank you very much for your kind help.

martin57

galante_inc

Hi

CAB would be you best option...I filled it out and a mistake as I misinterpreted a question... so even after the Atos assessment the DWP claimed I was fit for work, but as I can only work about 60metres before being in discomfort ....and spend most the day in pain.. cant see how Im fit... plus I am undergoing treatment..... so my advice play it safe

bigboybrother

martin57 wrote: »

Hi folks,

Will be getting an esa 50 form in next few weeks to start migration from IB.

Just wondering is it best to get a citizens advice or welfare person to fill it in? I have done it myself in past but not sure this time, because of the complexity regarding WCA descriptors.

I take it I would still be totally responsible for whatever is put on the form (if someone else fills it in). I just think it might be easy enough for something to be misinterpreted if I got someone such as above to fill it in, as they mightn't write the right thing down that describes my illness.

Your thoughts appreciated whether to fill form in myself or to get the above to do as I have been in contact with them and they have kindly offered to do it for me.

Also when deciding whether a person is capable to do work does the DWP take into consideration or say that a person could or should try to find a job working from home using a computer etc.

Thank you very much for your kind help.

martin57

Think of it this way, the CAB or any Welfare Rights office can only put down what you tell them. So if you forget, get confused or put the wrong emphasis on something, the form will be filled in on that basis.

Only you know how you feel, only you know what your limitations are. Why then would you think that getting a third party involved who doesn't know you from Adam be expected to fully understand your situation.

It would be OK if you were able to explain yourself in the finer points of your illness, in which case why not do it yourself?

At the end of the day it is your choice, but remember whoever it is who helps - they can only write down what you tell them.

KxMx

I am educated to an A Level standard and was flummoxed to say the least when my ESA50 arrived, I had no idea how to translate my problems into the questions they asked.

I got an appointment at my local Disabled Advise Bureau and the advisor there was lovely, he took me through each question and helped me to word my answers based on the info I gave him. He also opened my eyes a little in terms of things I consider to be normal for me are not normal at all, and in places I would have said "no problems" I in fact needed to show x y or z. Also wording my problems as "alot" or "often" was no good for officialdom, I was shown that I needed to use more specific phrases such as "problems with this the majority of the time" etc.

I was doubtful because no-one knows my illness like me, but I just did not know how to word my answers and getting help was enormously, well helpful!

martin57

Thank you all very much for your help will have a look at form when it arrives and then decide whether to have a go at it myself or take it to citizens advice.

One the other point that I mentioned,

"Also when deciding whether a person is capable to do work does the DWP take into consideration or say that a person could or should try to find a job working from home using a computer etc"

Just wonder when the DWP talk about work is it mainly in a work office environment that they mean, or for that matter could they state that a person who for example suffers from agoraphobia (and is reasonably computer literate) is well able to work from home?

Thanks again
martin57

Dunroamin

Unless you have literacy or learning difficulties (which doesn't seem to be the case) I can see no reason for not filling the form in yourself. It can be rather daunting but it really is quite straightforward once you get started.

redskyatnight_2

Dunroamin wrote: »

Unless you have literacy or learning difficulties (which doesn't seem to be the case) I can see no reason for not filling the form in yourself. It can be rather daunting but it really is quite straightforward once you get started.

I have to agree. I see no problem with someone filling it in themselves, and find it odd that someone wouldn't want to (unless the person has literacy problems.)

As Dunroamin said, the form isn't even that huge or difficult to fill in. Certainly no worse than the previous ones for DLA and IB. I'm not really sure why anyone wants CAB or someone similar to fill it in for them, as they'd only be putting what you told them to put anyway. My sister has applied for ESA, (a month ago,) and she filled in the form quite easily.

So I am somewhat confused, as to why anyone who is literate and has no learning difficulties would need someone 'official' to do it for them.

benefitbaby

redskyatnight wrote: »

So I am somewhat confused, as to why anyone who is literate and has no learning difficulties would need someone 'official' to do it for them.

I don't think it is about the adviser being 'official' I think it is because advisers undergo training in the law regarding ESA, the descriptors and their application.

As KxMx said above advisers probe the answers the claimant gives and in doing so they can illicit more information that is relevant to the descriptors and reg 29/35. Many people underestimate their difficulties because they 'manage' however for EDA, DLA etc the devil is in the detail and this can be the difference between a successful transition to ESA or if it does need to go to an appeal a detailed claim form is very helpful to the tribunal.

redskyatnight_2

benefitbaby wrote: »

I don't think it is about the adviser being 'official' I think it is because advisers undergo training in the law regarding ESA, the descriptors and their application.

As KxMx said above advisers probe the answers the claimant gives and in doing so they can illicit more information that is relevant to the descriptors and reg 29/35. Many people underestimate their difficulties because they 'manage' however for EDA, DLA etc the devil is in the detail and this can be the difference between a successful transition to ESA or if it does need to go to an appeal a detailed claim form is very helpful to the tribunal.

I am confused at the relevance of this. Surely someone simply needs to write about their condition and how it affects them. What you're saying seems to be suggesting people need help or assistance filling it in to ensure they say the 'right thing', on the form, to ensure they stay on the benefit. When surely the 'right thing' should be the truth, about how their condition affects them. Why do they need someone to 'help them fill it in correctly?'

Surely, it's as simple as filling in the form honestly. I doubt that people 'underestimate their difficulties.' Especially if they have been on DLA or IB before. It sounds a bit like some want to find someone to help them say the right thing to enable them to stay on the benefit. If this is not the case; that people are not just trying to find someone help them say the right thing, why can people not just fill it in themselves?

As I said, my sister is on IB, and has recently applied for ESA and she was quite happy to fill in the form and had no problem doing it. Someone wanting someone to help them fill it in, in case they 'put the wrong thing,' just seems odd to me. How can you put anything 'wrong' if you're being truthful?

benefitbaby

Whilst I am pleased everything went well for your sister these benefit boards show that for many this is not the case.

I am not suggesting that benefit advisers coach people to 'say the right thing' (there is no such thing) they do understand the law about the qualifying criteria and reg29/35.

The problem is twofold:
1. The form does not actually ask questions that match the descriptors so sometimes people miss out key details about their condition because they fail to realise the importance and in respect of regulations 29 and 35 there are no questions at all on the form about this.
2. When you live with a disability or long-term health condition things that are difficult, like picking up a pound coin may be managed by sliding it along the table and so you may tick 'no problem' on the form however this would actually qualify you for points if you could not pick it up using your fingers.

Advisers are skilled at asking the right questions as they relate to entitlement, this is markedly different than knowing the right answers.

redskyatnight_2

Still struggling a bit to get what you mean. But I'm not saying it isn't right

I guess there must be more to it than I realise. And people are different I guess, and may get confused about how to fill it in and what to say.

Guess we should agree to differ.