incapacity to esa

[susmith]

Advice please i got the atos forms to fill in sent them off for jan 11 with all medical reports waited to be sent for medical assesment got a letter from jobcentre on march 22 saying i have been put on esa working group my problem is that i have not had a physical assesment for my condition and how can they change benefit without an assesment i have been on incapacity for over 12 years so i dont know if i have jumped the gun because ive sent in a gl24 appeal form have i done this wrong or do they send you for a medical im confused on how this works i am 62 years old any advice please:!:

[Nystagmite]

They only send you for a medical if they need more information. You can "pass" without meeting the criteria for exemption from the medical just because of how the ESA50 has been filled in.

[susmith]

but i cant have passed anything if they have put me into the working group

[Nystagmite]

They've decided that you're unfit for work and might be able to work in 6 months (maybe longer) or so.

[susmith]

thanks for your reply i dont understand i sent them medical documentation on my condition i can hardly walk and in constant pain and now developed new problems with my condition which im getting tests and new mri done how can they put me in the working group

[susmith]

also i have to be transported wherever i go because i cant walk very good i hardly get out of the house now and what i read about the working group is you have to attend interviews to see what your capable of doing dont know how im going to do this have i done the right thing on appealing that i should be in the support group not the working group or have i sent the appeal in to early

[reallymadwoman]

It's not the working group, it's the work related activity group. The only alternative is the support group and the criteria for that are very strict.

 

Work related activity simply means that you will have an interview with a member of JCP (which could be over the phone) to see if there is anything that would help you back in to work.

 

No disrespect intended, but given your age I'd be surprised if it was taken any further.

 

If you really feel you should be in the support group (search for 'ESA support group criteria') you can appeal, however you should be aware that the tribunal could put you in the support group, leave you where you are or refuse benefit completely.

[susmith]

no offence taken but a young 62 thank you for advice

[Nystagmite]

surprised that if you're 62, you've not been put on to pension credit instead.

[count orlok]

Are you old enough to get pension credits? If you are the amount of money you would be entitled to is more than you would get even in the support group.

 

I got put on ESA without an assessment after being on IB 16 years, although I have been for quite a lot of medicals under the old system and the DWP knew about my condition from them. That said I understand from comments made by others that makes no difference. Not sure if they contacted my doctor or they took my word for it as to what was wrong with me, but they put me into the support group.

 

I think for one to be put into the support group there must be a risk to one's life or risk of harm to others if you partake of work related activity.

 

What they are trying to lead us to believe is that by putting anyone in the support group they are letting them down, and that by putting anyone in the WRAG or even on JSA they are doing us a favour. I don't feel I have been let down (but would have been if i had put in the WRAG or on JSA), and i suspect it is more about saving money.

 

EDIT: I take a long time to write an answer, I actually started writing this before Nystagmite made post #9. Chances are they didn't tell him about it as it would have meant paying out more. Or at least thats the way it seems when one learns of the millions that aren't claimed for. Either that or some sad f*** takes pleasure in putting someone through all this.

Edited April 20, 2012 by count orlok

[susmith]

cant get pension credit as i have income off private pension and it takes me just over the limit what one of my questions is have idone the right thing in appealing or have i done it to early to get into the support group

[worried33]

I have to admit given they now do mobility tests where they supposedbly assume one can use a wheelchair how can they determine that without a physical examination?

 

I can only guess susmith you provided a medical diagnosis you have and they then guessed the affect that has on your life based on probability.

[Dragon2020]

Sorry to hijack this thread. But would like to ask a question about IB to ESA .

 

I am still on IB and have not had any forms as yet to transfer over but Iam interested if anyone can give some advice.

 

I used to work for HMRC and due to my disabilities etc. I was retired on I'll health via CAPITA health . When it's my time to transfer over to ESA will they take into count that it was the uk government that said I was no longer fit to work ? Capita ill health is not easy to get and must show that you are unlikely to get well in the future.

[antone]

Sorry to hijack this thread. But would like to ask a question about IB to ESA .

 

I am still on IB and have not had any forms as yet to transfer over but Iam interested if anyone can give some advice.

 

I used to work for HMRC and due to my disabilities etc. I was retired on I'll health via CAPITA health . When it's my time to transfer over to ESA will they take into count that it was the uk government that said I was no longer fit to work ? Capita ill health is not easy to get and must show that you are unlikely to get well in the future.

 

In and of itself, the fact that HMRC's occ health provider stated you were not fit for work won't be enough to pass the medical. However, it is supporting evidence that could help your case.

 

Who knows, though? DWP staff get to use the lovely ATOS for occ health. There have been cases of staff being found unfit for work by ATOS and forced to leave. So they claim ESA and go to a medical at ATOS, at which they are found....fit for work.

[Nystagmite]

I've heard that too, Antone. But is the medical retirement due to not being able to work at all, or just your normal job?

[Dragon2020]

Medical retirement was made due to me unable to do an job, as my job was admin and that they have many other types of jobs the decision was made that I would not be able to do any type of work in the near future.

[antone]

I've heard that too, Antone. But is the medical retirement due to not being able to work at all, or just your normal job?

 

It's down to being able to do the actual job you're employed to do, so no, it isn't quite as daft as it sounds. I just find a certain humorous irony in the situation.

[worried33]

In and of itself, the fact that HMRC's occ health provider stated you were not fit for work won't be enough to pass the medical. However, it is supporting evidence that could help your case.

 

Who knows, though? DWP staff get to use the lovely ATOS for occ health. There have been cases of staff being found unfit for work by ATOS and forced to leave. So they claim ESA and go to a medical at ATOS, at which they are found....fit for work.

 

yeah was on a bbc scotland documentary of a ex DWP staff lady.

 

would a court be able to find that a misjustice? the same company getting different results for different billpayers?

[reallymadwoman]

For the original poster, I'm guessing that you are on contribution based ESA since your income is too high for pension credits.

 

In those circumstances if you have any chance of meeting the support group criteria you should appeal since otherwise your benefit will stop after 1 year.

[antone]

yeah was on a bbc scotland documentary of a ex DWP staff lady.

 

would a court be able to find that a misjustice? the same company getting different results for different billpayers?

 

Probably not, no. They're different assessments for different purposes and I suppose it would be easy enough to argue that a person who is not fit to process benefits may still be fit to do something else.

[Dragon2020]

Probably not, no. They're different assessments for different purposes and I suppose it would be easy enough to argue that a person who is not fit to process benefits may still be fit to do something else.

 

Well under the government umbrella when you are retired on I'll health the decision is made on if you can do any job they have available , that means any section from benefits or pensions etc it's not just based on the job you are doing.

 

The reason I know this is the capita guy who does the medical says all government run facilities when considering I'll health retirement must asses if that individual could do any other job and if he/she would in the near future be likely to be fit enough to do any kind of work.

[poollie1]

Advice please i got the atos forms to fill in sent them off for jan 11 with all medical reports waited to be sent for medical assesment got a letter from jobcentre on march 22 saying i have been put on esa working group my problem is that i have not had a physical assesment for my condition and how can they change benefit without an assesment i have been on incapacity for over 12 years so i dont know if i have jumped the gun because ive sent in a gl24 appeal form have i done this wrong or do they send you for a medical im confused on how this works i am 62 years old any advice please:!:

 

If you feel you meet one or more of the criteria to be put into the Support Group then you have done right in appealing the decision, DWP will have another look at your claim to see if they can change the decision in your favour, if they cannot they will send your appeal off to a Tribunal. No you dont need a medical now the decision has been made to place you into the WRAG Group.

[poollie1]

but i cant have passed anything if they have put me into the working group

 

You must have received at least 15 points, DWP and ATOS have decided on this by looking at the way you filled in the ESA50 and any Medical Evidence you sent to them.

Edited April 22, 2012 by poollie1

[poollie1]

thanks for your reply i dont understand i sent them medical documentation on my condition i can hardly walk and in constant pain and now developed new problems with my condition which im getting tests and new mri done how can they put me in the working group

 

I have every sympathy with you I"m in the same boat as you, dont get or cant get out of bed most days because of the pain and effects of my medication cant walk without severe pain and discomfort, need walking aids or a wheelchair, have a neck collar and wrists braces fitted, aswell as many other severe problems, I have been like this since 1993 and receiving IB for all that time with only 2 medicals needed, I was still placed in work group last November and have already received another form to fill in as apparently I am capable of work in 6 months from last November, get ready for a fight with Atos and DWP.

[Nystagmite]

have already received another form to fill in as apparently I am capable of work in 6 months from last November, get ready for a fight with Atos and DWP.

 

Not aimed at you personally; but I love to know where DWP / ATOS get the idea from that someone with life long disabilities which will never get better, could maybe work in 6 months time.