Incapacity to esa when on dla

Saversue

TOBRUK wrote: »

Hi there Saversue, it's been a while! I was transferred from IB to ESA in October. They sent me the ESA50 form and from that they placed me in the ESA WRAG. My GP wasn't happy with this decision when he asked me about it (as he had sent them a report as requested by them) and told me that I couldn't work, advised me to go to CAB.

Firstly I requested the 'medical report' someone had made by someone based on the form I had filled in. When I received it, it was filled with descrepancies, false information and from that I felt I really needed to appeal their decision. I wrote to them stating why I disagreed with their decision end of October. I was called for interview at jobcentre on 2nd January which as someone on WRAG at this time I really had to attend. I saw a very nice gentleman who told me not to worry about the interview (he kept typing throughout the meeting!) also said that he was aware that I had appealed. He then said that he wasn't expecting me to look for any work.

Yesterday I received a letter with a response from my appeal letter (from last October!)stating that they had reconsidered their decision, it wasn't going to tribunal (thank goodness) and they have placed me in the Support group for 6 months! So I could be reassessed before long, once more!

I can't see how they are going to keep on sending out forms every few months for everyone!

Saversue, try not to worry, it is just something we have to get used to I'm afraid. Although I was worried when I was in the WRAG at first that wasn't the reason I appealed but when I saw the 'medical report' I felt I really needed to put them straight on a few things - I would request a copy of the report when you get a decision, you only need to phone and ask them for it and they send it out to you no problem.

Good luck Sue
x

I did place a post on the benefit forum yesterday with the result of the appeal.

https://forums.moneysavingexpert.com/discussion/4579995

Hi Tobruk

How are you ?

Looks like I'm back on here for a while as I Have the feeling I might need some help/supprt/advice over the next few months

Really nice to hear from you after all this time, felt like meeting an old friend you haven't seen in ages, made me

I see you have already been through this process. Seems such a waste of resources to not assess people properly, write up inconsistent reports and keep calling people back in such a short time-frame.

Sorry you have had such a lot of difficulties and ere put in the WRAG group - must have been awful for you, did anything happen to your DLA once they did this ?

Going to have a look at your other post - thanks!

Brassedoff

You are so right. From what I see, if you have genuine difficulties on nearly every occasion the people in the JC use their common sense and apply it.

I understand people being anxious, it's not fun living on less than what some people spend on shopping every week at TESCO, but I firmly believe in not giving up, fight, change careers.

If I wind the clock back, I could not be a copper in my condition, I can however do my present business.

Saversue

Brassedoff wrote: »

TOBRUK, it is quite reasonable for them to keep in checking every six months. An imperfect part of the system is that had they devised it correctly, they would have split it into two categories. One for short term, say short term illnesses and conditions, then second for longer term, say two years so those with longer term illnesses and conditions that are not re-assessed for a longer period.

That was why IB and Sickness benefit worked. It broke down when people were left on IB for years just taking benefit.

If they, the Government, claim to want to save money. They would roll PIP & ESA into one form and assessment. That way a disabled person would not be placed on the Hamster wheel of continuous process of form filling and assessment.

There are 168 hours in a week. If someone wishes to receive a state handout, they need to set 4-5 hours at most to complete a form. No reason to get stressed, or unbelievably blame high blood pressure on it. Get on fill the form out. If not, put that hand back in the pocket and find some type of work.

I am not worried how long it will take to fill the form in, yes I have the time, but. often, not necessarily the stamina or ability and I think this is what worries people the most.

This process does cause people lots of stress and you are very luck if you are not affected by it.
Also many people don't necessarily have the skills required to write or express themselves clearly and there is less and less help available and it is becoming more difficult to access.

It will certainly take me a lot longer than 4-5 hours.
No doubt I will have to re-write it at least 10 times and check and double check everything, cross reference and add an index for all the additional information.

I will worry from the moment the initial letter arrived to when a decision is made, and will not be able to switch off from thinking about it the whole time.

Of course the system needed reforming, it's just a shame for the genuine ones, who have had to fight through hoops to get there initial rewards to have all the rules changed and have to start all over again.

TOBRUK

Saversue wrote: »

I am not worried how long it will take to fill the form in, yes I have the time, but. often, not necessarily the stamina or ability and I think this is what worries people the most.

This process does cause people lots of stress and you are very luck if you are not affected by it.
Also many people don't necessarily have the skills required to write or express themselves clearly and there is less and less help available and it is becoming more difficult to access.

It will certainly take me a lot longer than 4-5 hours.
No doubt I will have to re-write it at least 10 times and check and double check everything, cross reference and add an index for all the additional information.

I will worry from the moment the initial letter arrived to when a decision is made, and will not be able to switch off from thinking about it the whole time.

Of course the system needed reforming, it's just a shame for the genuine ones, who have had to fight through hoops to get there initial rewards to have all the rules changed and have to start all over again.

Like you Sue I take more than a few hours, in fact I take a couple of weeks. I write a little and leave it before reading over it perhaps a day or two later. I have to try and tackle a couple of pages (of the form) a day on separate paper and when I read over what I've done change a little to make sure it makes sense!

I took a couple of weeks to write the appeal letter! Luckily I managed without having to go to CAB or somewhere else, and it worked!! It has been the same as when I had to appeal to DLA.

The position is I have a permanent High DLA award for both care and mobility

Sue, I am the same, I have High DLA in both care and mobility. I received the ESA form and went through the process to go from IB to ESA. Nothing was mentioned in the form re: DLA other than they ask what benefits you receive. There will be another process when DLA changes. One thing at a time!;)

Hi Tobruk

How are you ?

Looks like I'm back on here for a while as I Have the feeling I might need some help/supprt/advice over the next few months

Really nice to hear from you after all this time, felt like meeting an old friend you haven't seen in ages, made me

I'm not too bad ... one day at a time!;) Yes, you are right Sue it does feel like meeting an old friend and had to respond to your post as it too made me !

Going to have a look at your other post - thanks!

As you can see from the post on benefits forum, (I received a letter yesterday) I have now been placed on the 'support group' for 6 months as they have reconsidered their decision and without a tribunal. This means that I can expect another ESA50 form again within the 6 months to begin the whole process, appeals etc. It seems endless, and so difficult when you are not well - even thinking of it tires you out!;) My concentration and short term memory is terrible not to mention the physical side and mental exhaustion.

Sue, try not to worry too much and remember you can always PM me if you feel the need to.;) x

[Deleted User]

Saversue wrote: »

Thanks for all the replies.
I have checked out the form and I will need to add lots of pages to get all my information in, to start with medication = nearly 30 items and several different conditions and specialists.
I am also going to get out copies of old DLA Claims and all the supporting evidence I can find and start working my way through it.
Have been really stressed all day, but like everyone else will just have to get on with it.

for medication i would just send a copy of your repeat prescription

Brassedoff

woodbine wrote: »

for medication i would just send a copy of your repeat prescription

Plus a copy of the advisory notes with the drugs. Underline and reference any side affects you have from them(if any), i.e "Hot flushes & sweating" SE1 (SE = side effect; 1= the first (if you have more than one)

Download the ESA50, download some PDF editing software. If you don't have Acrobat 10, download this free one which is just as good. It's called "Cute PDF" Cute free PDF editor. You can then type on the ESA50, edit, save, reduce text size and spellcheck.

Try and do four pages a day. On a separate sheet, reference your side effects, doctors details, consultants details, experts noted for your conditions, society or support group. All these things can then be kept current, including newspaper articles where someone's won an appeal etc.

Whether you are looking to claim a benefit or like in my case where I have to put case studies together for clients, I use the same research and note method. It is easy and almost foolproof.

Good luck Sue, nice to see you back.

Saversue

Brassedoff wrote: »

Plus a copy of the advisory notes with the drugs. Underline and reference any side affects you have from them(if any), i.e "Hot flushes & sweating" SE1 (SE = side effect; 1= the first (if you have more than one)

Download the ESA50, download some PDF editing software. If you don't have Acrobat 10, download this free one which is just as good. It's called "Cute PDF" Cute free PDF editor. You can then type on the ESA50, edit, save, reduce text size and spellcheck.

Try and do four pages a day. On a separate sheet, reference your side effects, doctors details, consultants details, experts noted for your conditions, society or support group. All these things can then be kept current, including newspaper articles where someone's won an appeal etc.

Whether you are looking to claim a benefit or like in my case where I have to put case studies together for clients, I use the same research and note method. It is easy and almost foolproof.

Good luck Sue, nice to see you back.

Thank You Brassedoff.

I have been lurking in the background, but have had nothing to co tribute for a while - looks like I am back now.
Have already downloaded the ESA50, but never heard of the CUTE PDF, so going to do that, as it seems a very good idea and would be very useful.

Was just thinking, I would have been able to retire in 4 years and get my state pension before they raised the age, so probably could have muddled through without ESA on a very limited budget, but no way can I manage for at least another 10 or 12 years before state pension kicks in.

BRINNUS

I was receiving incapacity benefit from 2008. In Jan 2012 I received a letter advising that my benefit was changing and I would receive ESA. I have since discovered that this was contribution based. I attended a medical interview in Aug 2011 but was not told of any results. In July 2012 I was reassessed without interview and placed in the Work Related Activity Group and that as I had received benefits for over 365 days my payments would cease.
I appealed the decision and the Tribunal heard my case on 1 Feb 2013 when they allowed my appeal and set aside the decision taken in July 2012, re-scored me which firmly placed me in the support group. I have contacted the Jobcenter on 4 occasions since the appeal and have been given different and conflicting answers on each occasion. The last answer was that I would only be entitled to have my NI contributions paid and that I would have to apply for supplementary benefit which would only be considered if I have less than £16k in savings. At the age of 63 years and 6 months and have saved all my life for my retirement I have in excess of this amount. I therefore would not qualify for SB.
My grief is that had I been placed in the support group in the first place ie July 2012, I would still be receiving ESA benefit which is not means tested and this would have continued till age 65 or subject to another assessment. I cannot accept that this is right because I was incorrectly scored in July 2012 and should therefore receive the same treatment as another who was placed in the support group at the same time.
Can anybody tell me different or where do I go now to contest this recent decision.

HB58

Hi Brinnus,

In effect the tribunal 'remade' the original decision to place you in the WRAG. It is as if you have been in the support Group from this date so you should get back-pay of the difference between WRAG and Support Group (if there is any, there may not be if you received more than WRAG due to transitional protection), Support Group payment for any time you were not paid and for the future until and unless you are reassessed and placed back in the WRAG.

If you are not getting any sense on the phone you should ask for your case to be escalated to a supervisor, this would requite a call-back.

HB58

Brinnus,

I have read your other post. You say that you were on IB but then denied ESa payments because of your savings.

If you were on IB then you should have been transferred to contributary ESA which is not reliant on savings or income.

I think you need to speak to a DWP supervisor for an explanation of exactly what is happening and why they will not pay you.

It would also be a good idea for you to get a moderator to move your post to a thread of its own as that will save confusion for people who try to reply.