IB to ESA the fun begins

[debt4get]

I have today received my cunningly worded invitation to 'migrate' from IB to ESA and they are going to telephone me to talk to me about how the change is going to affect me and to answer any questions I may have...I have a million but wont hold my breath that they will be answered...

once they have spoken to me they are going to send me the wonderful catch all questionairre which i should return as soon as possible or otherwise and this is in capitals so will reproduce here...IF YOU DONT YOUR BENEFIT MAY BE AFFECTED....why the shouting? oh of course it is for the people who are hard of hearing....I love the MAY BE AFFECTED...as we all know if you dont return it they will immediatly stop the pittance that they currently give you to live on..it goes on that I may have to atttend a work capability assessment...otherwise known as an ATOS nightmare...we are now on page 3 of this drivel and this one really gave me a laugh...headed WHY IS IT CHANGING...

ESA is a new way of helping people with an illness or disability move into work. the governemt wants everyone who has an illness or disability to have this opportunity...so guys we have got this ATOS thing all wrong....this is not a cost cutting exercise it is... and altogether now AN OPPORTUNITY...wont it be fun when they have finally moved everyone off IB and ESA and unemployment figures are then 5 million....but hey we are all in this together and dont forget this is AN OPPORTUNITY...

DOES THIS CHANGE AFFECT EVERYONE?

yes but at different times, but our highly trained advisors have decided you are next for the chop...or as they put it Customers will be considered and assessed for ESA between 2010 and 2014 we have written to you because you are our next victim...since when did I become a customer..i certainly dont remember buying anything from them....though i do remember having to open my heart soul, and bank account, my medical records and everything else personal in order to qualify for the money that I now get that I have worked and paid into for 35 years, before becoming to ill to support myself and my family...I am wondering whether it is worth contacting my known local dealers in order to become a drug addicted drink addled **** soaked sack o **** not having showered or washed for a month before I have to attend this bloody nightmare....oh and by the way

HAPPY XMAS TO ALL OUR CUSTOMERS

[Nystagmite]

Good luck. I am sure if you have any questions, people on here will be just as happy to answer them.

[cochondinde]

Hello, I too am migrating from IB to ESA and although I sent in the ESA50 and explained in detail how my pain and disability affects my ability to function on a daily basis, including my GP's input, I had the very same letter.

 

As I also sent in a consultant's letter as supporting evidence I telephoned the number on the letter this morning asking why am I being sent for an assessment. I was told somebody would phone me back but they didn't so I phoned back this afternoon. The guy I spoke to said he would get hold of my file and phone me back, which he did. He said that the MA had ticked the box which relates to my being referred for an assessment. I asked why though when I had provided a consultant's letter as evidence. He told me that it wasn't current enough. The consultant's letter stated that I was severely disabled and it was permanent. But I then asked why then when my GP had stated how my pain affects me. He said it was too general.

 

I said that I had been to a consultant recently and would ask him for a report to be written. The guy said to do that and send it in with a covering letter. I have therefore written to my consultant and asked him but what hope is there of the MA accepting that when so many other people are failing?

[debt4get]

I wouldnt give up hope yet, there is always a chance you could pass the assessment...it has been known to happen..though I do understand the stress and hopelessness of the situation that you are feeling...the chances of being put into the support group from what I can gather is extremely low..it seems they are determined to punish the sick..remember we are the scroungers they refer to everyday in the press...we take from society without ever putting anything in and they can do without us....the caring sharing uk in the 21st century...everyone knows these assessments are joke...but we have to go with the hand we are dealt with...it seems from some background reading around the net the dwp have already identified those they are going to place in the support group and fully expect the rest of us to attend the ATOS nighmare, you only have to read around to know they fully expect 70 odd percent of us to fail and have to go onto jobseekers...the majority of the public agree with cameron that we the sick have spent long enough taking out of they system and its about bloody time we got off our lazy asses and got ourselves back to work....though who the hell they think is going to employ us when even able bodied people cannot get work god knows?...the public seem to believe we are all living a life of luxury, given every help under the sun, and should be grateful for every penny of the pittance we actually receive...we are an easy target and unfortunately we have been caught up in the political crossfire, we are easy to bash, and vilify in the press as scroungers...I never imagined i would end up in this predicament as i fully intended to be a productive member of society until ill health brought that to a grinding halt...i wish you luck...but for myself i fear for the future of myself and family in this once caring country

[debt4get]

8 weeks after the so called medical with ATOS have today received my letter...unable to grant ESA from IB due to nil points awarded...now there is no letter in their to appeal decision just told to ring or write..rang today and logged that I require appeal and also a copy of the medical....on the forms I had I had nil points for descriptor 1 ...you can move 200 metres...it appears this was assessed by the fact that I walked with a stick the grand total of 15m to their room...also it says I can sit in place for an hour but medical states that I was only sat there for 15 mins.....how do they get away with this??

anyway as I want to appeal but they state my IB will not be cancelled until the end of next month....but I have a month to appeal...so guys help required as to what to do?

[Nystagmite]

lso it says I can sit in place for an hour but medical states that I was only sat there for 15 mins.....how do they get away with this??

 

How long were you sat waiting for?

[debt4get]

over an hour however I didnt just sit there made sure I got up at least every 15 minutes to move around...

[ErikaPNP]

You can appeal just now. You are not appealing the decision to stop your IB - that's stopping anyway, this was a migration assessment. You are appealing the decision not to award you ESA. As you have had that decision, you can appeal against it. This will not affect your IB.

 

Whether you will receive payment of ESA pending the appeal will depend upon your income. If you satisfy the criteria for income based ESA (the income/capital limits) then you should receive ESA at the assessment rate until the outcome of the appeal once IB stops - provided that your GP continues to certify you as unfit for work throughout. Make sure however that you ask them to do this in your appeal letter.

 

There is a lot of information contained in Honeybee13's sticky in the benefit subforum about appeals, which should assist you in wording your appeal submission.

[debt4get]

thank you erika....do I also need to inform them in writing...spoke to them on the phone telling them I was going to appeal and also asked for medical report...is it a form I have to fill out or a letter?

[Nystagmite]

The form is called GL24. You might be able to just write a letter. If you write the letter, you must make it clear that you're appealing.

[debt4get]

thanks they did say on the phone they were sending the information I assume this is the GL24 if it hasnt come in next couple of days will get back onto them...dont want to get this wrong as my IB is not stopping till end of may..but am appealing ESA migration do I have to supply doc certificates from now or after IB stops?

[honeybee13]

Hello there.

 

You can download a GL24 form online if it helps. There's a link in the forum sticky on appeals, etc.

 

My best, HB

[debt4get]

thanks honeybee....do you also know the answer to my last post re doctors certificates?

[ErikaPNP]

As others have said, you can download the form online or write a letter. I'd recommend the GL24 (with an attached letter if there is not enough space). The reason I recommend it is because there must be certain information in an appeal to make it 'duly made' (valid). If it's not duly made, the DWP can reject it. The GL24 contains fields for all information that is required in order for an appeal to be duly made.

 

You don't need to write a long submission at this stage, you can send that in at a later date if preferred. All you need to write as grounds for appealing are that you believe you meet enough of the descriptors for to satisfy the entitlement conditions and that further information will follow once you have received the HCP report. This gets your 'foot in the door' and starts the appeal process rolling (more importantly, this, along with a new cert from your GP gets the assessment rate back in payment). Then once you get your report, you can highlight all the inconsistencies and explain how feel you meet the descriptors and send it in, along with any additional supporting evidence.

 

You have to supply med certs from the moment you appeal.

[debt4get]

thank you for the concise information...much appreciated...

[debt4get]

recently posted null point from ATOS have received gl24 plus so called medical report....

because I wasnt on ESA but migrating from IB do I have to put on the form that' if the decision is not overturned I wish to claim ESA at assessment rate until such time as tribunal rules?'

or is this taken as what will happen...?

[ErikaPNP]

Put it on the form - but you also need to provide a MED3 from your GP and continue to provide them in order to receive the money.

[debt4get]

understand thanks for help

[ErikaPNP]

Anytime:wink:

 

Have you seen Honeybee13's sticky? It's extremely useful for appeals - in particular IB and ESA appeals.

[debt4get]

I have read it but there is v/little on their on what to write on the gl24...whether to give them long winded reasons about why you are appealing or just a brief outline?...I realise that you have to supply a lot more detail once it gets to the board appeals

[ErikaPNP]

It's best to give the reasons early on - loads of appeals can be overturned without the need for a tribunal if the details are set out from the start. The real reason successful appeals are so high is that often the detailed information argued before a tribunal is not actually ever in the hands of DWP, as people wait until their case has gone to the Tribunal Service before submitting detailed evidence. If people sent this into DWP, favourable reconsiderations would be more likely, they would not always have to wait months for a hearing.

 

The difficulty with this is that people only have one month to make the appeal and with ESA WCA appeals, they can't get money reinstated until an appeal is in and a sick note received so they want to get the appeal in ASAP without waiting for the report.

 

The best way to do it is to go through each descriptor that you feel applies to you, explaining how it applies to you, to gain the points you need (15 points at least). You can do this without your report, though you will probably have to attach additional paper to the GL24 (write your name, NI number and ESA on each additional piece of paper).

 

If they don't overturn the decision on that argument then you still have the opportunity of challenging the report (pointing out inaccuracies) when it arrives in your submission to the tribunal.

[debt4get]

thanks...

[debt4get]

have recently gained nill points and am trying to find out my options but am getting conflicting information from benefits calculators online

my wife gets ib and I get dla mobility higher rate

I also have a small pension of 140.00 per month

one website gives me jsa calculation of 23.00 a week

the .gov site gives me a totally different figure of 71..00 per week

does anyone know how much jsa I could end up with?

Edited May 8, 2012 by debt4get
wrong figure put after tax in dot gov

[MIKEY DABODEE]

why doesnt she make a claim for you, with her IB as her condition of entitlement to I.S

[debt4get]

never occurred to me will have a look and see how that comes out