ATOS ESA50 form and letter

Legacy_user

I'd like to ask a question on behalf of a friend. A few months ago she was converted from Incapacity Benefit to ESA, and it was decided that she is in the Support Group, as opposed to the Work Group.


Today she received a letter from ATOS/Medical Services. The letter states that "if you receive Incapacity Benefit... your current award of benefit will be converted to ESA only if certain conditions are satisfied", and with the letter came a Limited Capability for Work questionnaire (ESA50 01/13)

* Firstly, if she has already been converted to ESA and is in the support group, is it still necessary for her to fill out this form that ATOS have sent? What would be the purpose of the questionnaire in that case?

* If she does need to fill it in, what happens next?
Do Atos look at the information and pass it on to the DWP? It seems a bit strange, given that the DWP already have all this information already?


She has had bad experiences of ATOS in the past (they stopped her benefits and it had to go to a tribunal months later) and this letter has sent her into a flurry of anxiety and stress, so I said I would ask on here.

rogerblack

It would be unusual for her to be converted from IB to ESA without filling in an ESA50.
In general, one can be reassessed at any time for ESA - as long as it's been 3 months since your last assessment.
Assessments are carried out afresh each time - pretty much, and most people are periodically reassessed.

The question would be - was this sent in error - clearly if she has actually been converted from IB to ESA - the letter is somewhat wrong - but this doesn't mean that she doesn't have to fill it out.

Contact the number on the letter - and see why it was sent.

TOBRUK

Hi avogadro,

A few months ago she was converted from Incapacity Benefit to ESA, and it was decided that she is in the Support Group, as opposed to the Work Group.

Usually on the decision letter (when she was placed in support group a few months ago) there is a time frame written in the decision letter: the amount of months or up to 3 years your friend will be on support group before she is assessed again, it will be phrased "you have been placed in the Support group for 6 months".

As long as you are on ESA in most cases you can and will be assessed for as long as you receive ESA.

Firstly, if she has already been converted to ESA and is in the support group, is it still necessary for her to fill out this form that ATOS have sent? What would be the purpose of the questionnaire in that case?

Yes. The purpose as I stated above: you are re-assessed and need to go through the process again.

It would be worth her looking at the letter she received with the decision that she had been placed in the support group - read through it to see how long they were placing her in the support group before being re-assessed.

Tell her to keep a photocopy of every form, letter, or anything she receives regarding her claim as it will prove useful whern she has to fill in the ESA form again. Especially if things have not changed for her during that time she will know exactly what she placed on the previous form.

When she receives a decision letter it is always worth her contacting them and asking for a copy of the 'medical report' they have written basing their decision upon, following her form or assessment - they are quite happy to send this.

Saversue

TOBRUK wrote: »

Hi avogadro, Usually on the decision letter (when she was placed in support group a few months ago) there is a time frame written in the decision letter: the amount of months or up to 3 years your friend will be on support group before she is assessed again, it will be phrased "you have been placed in the Support group for 6 months



When she receives a decision letter it is always worth her contacting them and asking for a copy of the 'medical report' they have written basing their decision upon, following her form or assessment - they are quite happy to send this.

Hi Tobruk, how are you - haven't seen you post for a while.

My letter does not have any time frame written on it, it just says you have been placed in the Support Group.....
When I got the Phone Call; I did ask for how long; and she said the maximum was 3 years.
Didn't ask for a copy of the "Medical Report", because got the award without a medical, so do you think it's worth getting it?

benefitbaby

Please double-check about whether the form was sent in error (which I doubt) because a failure to complete and return an ESA50 within by the deadline means the DWP have to determine that your friend no longer has a limited capability for work and ESA will not be payable.

If this happens then your friend would potentially have limited cash until a further ESA50 was sent and completed.

Saversue

benefitbaby wrote: »

Please double-check about whether the form was sent in error (which I doubt) because a failure to complete and return an ESA50 within by the deadline means the DWP have to determine that your friend no longer has a limited capability for work and ESA will not be payable.

If this happens then your friend would potentially have limited cash until a further ESA50 was sent and completed.

True and as this is a migration from Incapacity could effect the amount payable (top-ups to keep the same level as on Incapacity) or any claw-backs if the person has a continuous claim from before April 2000 and has a private pension etc and has other income of more than something like £85.00 per week coming in.

Claim has to be continuous, for these to carry on if they are relevant.

System

Thankyou for your replies. She filled out a form and sent it to Medical Services in October last year, when her claim was about to be transferred over from IB to ESA, but she can't remember if it was an ESA50 form.

I think it might be worth her asking the DWP or possibly ATOS. Would they send her another form to fill out if they have received one a few months ago?

rogerblack

avogadro wrote: »

Thankyou for your replies. She filled out a form and sent it to Medical Services in October last year, when her claim was about to be transferred over from IB to ESA, but she can't remember if it was an ESA50 form.

I think it might be worth her asking the DWP or possibly ATOS. Would they send her another form to fill out if they have received one a few months ago?

Yes, they may.

The only thing that raises some questions is the letter with the ESA50 stating she's still on IB.

TOBRUK

Saversue wrote: »

Hi Tobruk, how are you - haven't seen you post for a while.

My letter does not have any time frame written on it, it just says you have been placed in the Support Group.....
When I got the Phone Call; I did ask for how long; and she said the maximum was 3 years.
Didn't ask for a copy of the "Medical Report", because got the award without a medical, so do you think it's worth getting it?

Well hello there Sue, Good to see you and that you were successful with your conversion from IB to ESA support group without too much trouble.

It wouldn't hurt for you to give the DWP a ring and ask for a copy of the "medical report" they based their decision on. It may be of help in future, as they do not ask any questions when you request this report.

It was their report which made me decide to ask for a reconsideration - as I had been placed in the work group and just wondered what their basis was for this. Being placed in the work group wasn't an issue until I read their report! The report they had written was quite an eye opener and was not in keeping with any of my answers on ESA50 form with many discrepancies and false/untrue statements.

It won't hurt to request this medical report, it doesn't cost you anything and is sent within a few days.

Hope you are keeping fairly well (as you can be!) and hope the boys aren't too bad either.;) Look after yourself x.:)

[Deleted User]

Saversue wrote: »

Hi Tobruk, how are you - haven't seen you post for a while.

My letter does not have any time frame written on it, it just says you have been placed in the Support Group.....
When I got the Phone Call; I did ask for how long; and she said the maximum was 3 years.
Didn't ask for a copy of the "Medical Report", because got the award without a medical, so do you think it's worth getting it?

mine didnt say for how long either but a call illicited that it was for 18 months,i asked them to send me a statement of reasons which they said they will do

System

She got a reminder from ATOS yesterday about filling in the form. The DWP seemed to think it was probably a re-assessment. They said sometimes people are re-assessed after three months, sometimes a year, sometimes three years.

Apparently if it goes to appeal, the appeal can take months, and by the time it's done they're sending out the next lot of forms to re-assess the claimant!