All repeat WCA medicals to be stopped

Morglin

hermum wrote: »

I filled the forms in last summer & haven't heard a thing since, other than the standard letter telling me what will be paid from April.

We,, you could follow it up with them, by phone or letter, if you are unsure as to what is happening, or, assuming you are still being paid, just wait and see what happens.

Lin

help4help2013

Mr_F_Dorsetty wrote: »

A rat doesn't decide where a ship puts into port and ATOS did not decide the criteria for assessments.

I get very tired of people making comments such as yours because they are wholly untrue, without any foundation in reality and they just create confusion.

The DWP does seem unable to grasp that re-assessing people with an illness/disability condition which will never change in a positive manner is a waste of money in itself.

But that is nothing to do with ATOS and ultimately I don't care if the new contract provider is called "The Really Nice Fluffy Bunny Health checkers" because they will still only work to the criteria that the DWP insist on. Oddly enough 'just following orders' wasn't an allowable defence at Nuremberg, pity the UK governments of all colours have forgotten that edict.

The problem has never been ATOS, the problem is the DWP.

i totally agree its the system that flawed and the WCA assessment itself until this is changed then the next big company that comes in will still have the same problems

some people seem to think that you do not have to go for medicals any more due to this which is not the case

schrodie

~Chameleon~ wrote: »

No. From what I've read, the two year extension is only applied as each case would become due for renewal. I should imagine re-assessments will have resumed by 2016, whether by ATOS or another company.

You have a lot more faith in the capabilities and competence of the DWP than I have!!!

sja75

This 2 year supposed reprieve and proposed charging for appeals. Could this be linked?

Morglin

sja75 wrote: »

This 2 year supposed reprieve and proposed charging for appeals. Could this be linked?

Could be, but I honestly this 'suspension' is more down to ATOS throwing the towel in with this, and the huge backlogs of claims and appeals.

There is also the fact that this lot may be hurled out of government in just over a year, and then it will be somebody else's mess to clear up.

Lin

enfield_freddy

Morglin wrote: »

I would think that as you sent the forms back before the 20th January 2014 cut off point, they are reviewing you, as normal.

You could give them a ring, if you wanted to, to confirm this.

Lin

thanks fr or replying


I am just a bit worried , previously if they decided that you were fit for work after receiving your form , you could appeal , and would have a medical / face to face , what is going to happen now?

rogerblack

enfield_freddy wrote: »

t
I am just a bit worried , previously if they decided that you were fit for work after receiving your form , you could appeal , and would have a medical / face to face , what is going to happen now?

This never usually happened.
Unless your form basically admitted to intentional fraud - your benefit would never be stopped before an in-person medical appointment was made.
(of course, if you diddn't turn up...)

The current suspension changes nothing - this is only for assessments that have not started.
If your assessment process has started - you got a ESA50A - then your form will be read, along with any other evidence, and if it's not clear that you fall into the support or work-related groups, you will be called for an interview.

If you are found fit for work at this interview, you will now (due to changes last October) have to request a reconsideration of this decision.
Until this reconsideration happens, and is either granted or refused, and you are posted a notice of this, and you forward this on to the tribunals service saying you want to appeal, and the tribunals service contacts the DWP - your ESA will not resume.

This may be an extended period - during which you may in principle be able to claim JSA.

To quote an earlier post of mine.

What should happen in the eyes of ministers is crystal clear.

A finding that you are fit for work means that you can claim JSA.

The initial claim for JSA cannot be refused on the grounds that you are not fit for work, as long as you are willing to sign a (possibly adapted for your condition) jobseekers agreement that you will seek work.

This is simply because the JSA decision-maker cannot overrule the finding that you're fit for work, unless and until you either fail to sign the JSAg, or do not comply with one or more of its provisions.

If you do not comply with the agreement, then what happens is that you may be eligible for hardship payments.

In practice - what happens is somewhat more murky.

The below posts go into this in some detail.

http://forums.moneysavingexpert.com/showthread.php?p=63240852&highlight=jsa+esa+hardship#post63240852
http://forums.moneysavingexpert.com/showpost.php?p=64159605&postcount=13

If the person mentioned above has actually begun a claim of JSA - then had it stopped - they can apply for hardship payments.
If they have been refused at the initial claim stage - they can appeal this refusal.

The problem arises when everything does not happen as ministers imagine it will.
Even in the best cases, many will not be able to successfully comply with any possible jobseekers agreement.
Many, or even most of those will be unable to claim hardship - at least immediately - due to not being totally without assets they can sell, or other household income.

This is even before considering how many disabled people are going to - when asked if they are still sick - present a sicknote from their doctor to the JSA people.
(Which should not as I understand it be fatal to the claim - but is likely to cause the JSA person to refuse it).

Similarly - many JSA staff will not understand that the finding fit by ESA is binding on them until the claimant either fails to sign a jobseekers agreement, or fails to comply with that agreement.
At which point the normal sanctions kick in.

sja75

An interesting comment from a B&W member:

#26 stuart52 2014-02-26 20:45 a horrible thought occurs to me and I wonder if anyone agrees with me?..the medical deferrals may not be the good news some seem to think it is, .the way I see it those currently on ESA will not be re-assed for 2 years...so far so good...from reading the posts a few seem happy about that....it also appears that DWP/ATOS are concentrating on migration claims and new claims only...but here's the thing folks and I hope to god I am wrong...didn't I read that IDS was going to scrap ESA?..this government seems to be in one hell of a hurry to get the remaining claimants on IB/IS/SDA onto ESA or JSA, nicely timed for the election next year when they say ESA will be scrapped, affectively what this means is that all ESA claimants currently in the WRAG will automatically be moved to JSA and its regime, they will save immediately the WRAG premium from all ESA claimants , it would only leave SG claimants untouched, if I am right this is a very sly move, it makes sense and as already said ties in nicely with the next election,am I right or have I missed the point? I would appreciate your thoughts.


http://www.benefitsandwork.co.uk/news/2648-repeat-esa-medicals-deferred-for-two-years

Morglin

I have never heard anywhere that ESA is to be scrapped, and in fact, Universal Credit, if it ever gets going, is geared up to cope with IR ESA.

There will, in my view, always need to be some sort of benefit available to sick and disabled people, because JSA, in many cases, would be inapplicable if someone couldn't work, or seek work.

If ESA was scrapped, it would also affect those in SG.

These strange rumours often start, but abolishing ESA would be unlikely, and as this government may well lose the next election, it seems even more unlikely.

Lin

sja75

Morglin wrote: »

I have never heard anywhere that ESA is to be scrapped, and in fact, Universal Credit, if it ever gets going, is geared up to cope with IR ESA.

There will, in my view, always need to be some sort of benefit available to sick and disabled people, because JSA, in many cases, would be inapplicable if someone couldn't work, or seek work.

If ESA was scrapped, it would also affect those in SG.

These strange rumours often start, but abolishing ESA would be unlikely, and as this government may well lose the next election, it seems even more unlikely.

Lin [/QUOTE

Although I have heard that IDS intends to abolish WRAG aspect of ESA as he is unhappy with the numbers claiming after being on the benefit after three years.

The woman that was on GMTV now Con. MP (Esther Mc Vey I think) said something along the lines "We will not abolish WRAG during this parliament"