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ESA Medicals & Support group
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TelevisionUser
30-03-2016
Originally Posted by Tiger Rag:
“His situation is completely different to yours.”

I second that and poor decisions can be overturned on appeal. If external professional help is obtained, appeal success rates can be 80% so there no real point about worrying about a decision before it's arrived not least because there's usually a reasonable chance of having it overturned.
Stephen_Miller
30-03-2016
Have you guys seen this? it was done a year ago, but it's quite interesting on people's ESA experience

https://www.youtube.com/watch?v=e1V-GSuIIA8
Stephen_Miller
30-03-2016
P.s I really do hate that on hold trumpet music lol

This one is funny, the DWP man hangs up! https://www.youtube.com/watch?v=StOzjU4sUf8
oathy
31-03-2016
We had just signed for the new house finally its been so long delayed.
Post arrived my brother heard about the DLA/PIP invite. Utterly not surprised but of all days finally after getting some good news. Back to Earth with a great big thump

the one thing that terrifies me when I hear (which will be soon no doubt). Because the illness is so rare. Mum and dad have been trying since last july to find a doctor that can take over and so far 5 out of 5 have refused saying they don't feel qualified enough to take full control. They don't mind working with others trouble is most of the professors I see are already well into their 70's.
Tiger Rag
31-03-2016
Originally Posted by TelevisionUser:
“I second that and poor decisions can be overturned on appeal. If external professional help is obtained, appeal success rates can be 80% so there no real point about worrying about a decision before it's arrived not least because there's usually a reasonable chance of having it overturned.”

You don't, in general, hear about the good results either. Most of the time it's people asking for advice. Some of us (ignoring how long it took for me) had no problems with ESA.
Hogzilla
31-03-2016
Originally Posted by TelevisionUser:
“In which case, that sounds like that's the category that your son ought to be in. Would it be worth asking for an internal DWP mandatory reconsideration which is the step before a full appeal?”

I understand they can overturn the existing decision at MR or appeal, so I daren't risk it. If I could appeal, knowing that his enhanced for both were safe, I definitely would.

Am just hoping we get a more sane government, and people keep lobbying to transfer the old for life/indefinite decisions over as it all should really have been a sample transfer, rather than putting people who had already been through the system, through hell.
nomad2king
31-03-2016
Originally Posted by Hogzilla:
“I understand they can overturn the existing decision at MR or appeal, so I daren't risk it. If I could appeal, knowing that his enhanced for both were safe, I definitely would.

Am just hoping we get a more sane government, and people keep lobbying to transfer the old for life/indefinite decisions over as it all should really have been a sample transfer, rather than putting people who had already been through the system, through hell.”

The rules and criteria are different, so there couldn't be an automatic transfer.

There has been a recent-ish Upper Tribunal decision on the matter. There is a link to the document at bottom of the page of my link. The first 9 pages concentrates on PIP start date, but the rest deals with transfers of indefinite awards.
Quote:
“43. The PIP legislation takes a different approach to award duration (which it refers to as the award’s term, rather than its period). Section 88 of the Welfare Reform Act 2012 provides:
“(2)*An award of personal independence payment is to be for a fixed term except where the person making the award considers that a fixed term award would be inappropriate.”

Quote:
“So far as indefinite awards are concerned, the document informs PIP ‘case managers’:
an “ongoing award” (which must mean the same thing as an indefinite award in my view) is indicated where “any change is very unlikely and with a planned intervention date no more than 10 years from the award date” (para. 343). An ‘intervention date’ is “an opportunity to look at entitlement at set intervals to ensure the claimant continues to get the right amount of PIP”. This is an administrative, rather than formal legal, process although it may lead to a formal supersession of a PIP award;
“ongoing awards are appropriate where the claimant’s restrictions on daily living and or mobility are unlikely to change significantly” (para. 370).”

Stephen_Miller
01-04-2016
ESA department would've received my evidence and ESA50 today, wonder when I'll get paid? My desperation

What day does it usually go in?
Tiger Rag
01-04-2016
Originally Posted by Stephen_Miller:
“ESA department would've received my evidence and ESA50 today, wonder when I'll get paid? My desperation

What day does it usually go in?”

Depends on your NiI number I think.
jazzydrury3
01-04-2016
Originally Posted by Tiger Rag:
“Depends on your NiI number I think.”

I get mine on a Wednesday, but it differs I guess
mimik1uk
05-04-2016
do ATOS routinely offer home visits for the PIP face-to-face even if you haven't asked for one ?
LakieLady
05-04-2016
Originally Posted by mimik1uk:
“do ATOS routinely offer home visits for the PIP face-to-face even if you haven't asked for one ?”

No, they don't. They're not even that keen on doing home visits when you do ask, I'm afraid.
mimik1uk
05-04-2016
Originally Posted by LakieLady:
“No, they don't. They're not even that keen on doing home visits when you do ask, I'm afraid.”

hmmm

they are doing one for me without me asking

dont know if i should be more worried or not
Miss C. DeVille
06-04-2016
Originally Posted by mimik1uk:
“do ATOS routinely offer home visits for the PIP face-to-face even if you haven't asked for one ?”

I had a home visit for my PIP, which I didn't ask for. But I was very lucky, the lady who came was very nice. She really talked to me and wasn't just sitting there ticking boxes. She was with me for a good hour.
I've just had an ESA form come through, so that's up for renewal. I hope I get a home visit for that or at least not someone who just ticks boxes and tells a load of lies. But I doubt I'll get someone nice again .
Does anyone know if they might just let my ESA carry on without an interview, based on all my evidence I'll be sending in? I'm in the support group and have mental and physical problems.
mimik1uk
06-04-2016
Originally Posted by Miss C. DeVille:
“I had a home visit for my PIP, which I didn't ask for. But I was very lucky, the lady who came was very nice. She really talked to me and wasn't just sitting there ticking boxes. She was with me for a good hour.
I've just had an ESA form come through, so that's up for renewal. I hope I get a home visit for that or at least not someone who just ticks boxes and tells a load of lies. But I doubt I'll get someone nice again ”

thanks

after reading some of the comments on here i hadn't bothered suggesting it on my form as i assumed they would just ignore it anyway so was a bit shocked when i got the letter saying they were coming to me

probably wont sleep for the next 2 weeks now worrying about them coming
Stephen_Miller
06-04-2016
My first payment of ESA was in my account today.

Is it paid fortnightly ala JSA style? (I assume my next payment will be 20th April?)
Tiger Rag
06-04-2016
Yes, it's paid fortnightly.
LakieLady
06-04-2016
Originally Posted by Miss C. DeVille:
“Does anyone know if they might just let my ESA carry on without an interview, based on all my evidence I'll be sending in? I'm in the support group and have mental and physical problems.”

Yes, they might well do, especially if the problems you have aren't the sort of thing that gets better.
Miss C. DeVille
07-04-2016
Originally Posted by LakieLady:
“Yes, they might well do, especially if the problems you have aren't the sort of thing that gets better.”

I've got quite a few problems and I've already filled up both sections where you list what's wrong with you and how it affects you. I'm going to have to use some more paper to complete it.
I've not even started on the actual questions yet. Writing is very difficult as I have to stop and start as my hands go numb and I can't hold the pen for long. It's going to take me a while to complete the form. Then I've got to make copies of all my hospital records/letters.
I can't see any of my physical problems getting better, if anything they're getting gradually worse. I just hope I remember to put everything down as my memory isn't great either.
Tiger Rag
07-04-2016
Originally Posted by Miss C. DeVille:
“I've got quite a few problems and I've already filled up both sections where you list what's wrong with you and how it affects you. I'm going to have to use some more paper to complete it.
I've not even started on the actual questions yet. Writing is very difficult as I have to stop and start as my hands go numb and I can't hold the pen for long. It's going to take me a while to complete the form. Then I've got to make copies of all my hospital records/letters.
I can't see any of my physical problems getting better, if anything they're getting gradually worse. I just hope I remember to put everything down as my memory isn't great either.”

Sounds as though it may help if you can get someone to fill the form in for you. I have (or did have) something on my computer which explains how my disabilities affect me, which comes in useful for completing things like the ESA form. Like you, I've got memory issues and there's bound to be something I'm going to forget.
meadows76
12-04-2016
I'm new to this as know literally nothing about ESA but OH was assessed a few weeks back and got his letter yesterday saying he was being put into the work related group. How does this affect him? I understand he will be made to jump through hoops now on the pretence of getting a job. What exactly will they expect of him at a work interview thingy? He isn't able, on a practical level as well as physical, to get a job. He worked for his entire life since age 15, he is now 61 and his claim is contribution base which is why I suspect he has been place in the work group, so they can cut him of it after a year. Does anyone know if at the nd of that year he can ask to be mind to the support group?
Miss C. DeVille
12-04-2016
Originally Posted by meadows76:
“I'm new to this as know literally nothing about ESA but OH was assessed a few weeks back and got his letter yesterday saying he was being put into the work related group. How does this affect him? I understand he will be made to jump through hoops now on the pretence of getting a job. What exactly will they expect of him at a work interview thingy? He isn't able, on a practical level as well as physical, to get a job. He worked for his entire life since age 15, he is now 61 and his claim is contribution base which is why I suspect he has been place in the work group, so they can cut him of it after a year. Does anyone know if at the nd of that year he can ask to be mind to the support group?”

I think we all start off in the contribution based one and then if your circumstances don't change they seem to transfer you to income based. I can't help as to him being put in a support group afterwards as I went straight to support group and was never in work related. I don't know if you can be income based and in the work related group as well. Someone more knowledgeable will be along to answer that shortly, I expect. Probably LakieLady, she knows about these things and is very helpful.
meadows76
12-04-2016
Originally Posted by Miss C. DeVille:
“I think we all start off in the contribution based one and then if your circumstances don't change they seem to transfer you to income based. I can't help as to him being put in a support group afterwards as I went straight to support group and was never in work related. I don't know if you can be income based and in the work related group as well. Someone more knowledgeable will be along to answer that shortly, I expect. Probably LakieLady, she knows about these things and is very helpful.”

He won't qualify for income based, I was hoping there would be a chance of getting him from the work to the support group as the support group seemingly isn't cut off after a year. I'm not sure why he can only claim for a year, it seems a bit bizarre really as its not as if he is going to get any better. Thanks for your help anyway.
TelevisionUser
12-04-2016
Originally Posted by meadows76:
“I'm new to this as know literally nothing about ESA but OH was assessed a few weeks back and got his letter yesterday saying he was being put into the work related group. How does this affect him? I understand he will be made to jump through hoops now on the pretence of getting a job. What exactly will they expect of him at a work interview thingy? He isn't able, on a practical level as well as physical, to get a job. He worked for his entire life since age 15, he is now 61 and his claim is contribution base which is why I suspect he has been place in the work group, so they can cut him of it after a year. Does anyone know if at the nd of that year he can ask to be mind to the support group?”

This link explains all about ESA WRAG requirements https://www.benefitsandwork.co.uk/em...activity-group and the proposed rates for ESA WRAG (work related activity) can be found here https://www.gov.uk/government/upload...16_to_2017.pdf although it is the government's intention to abolish the supplement that's paid over above the Jobseekers' Allowance rate from April 17 next year but that won't be retrospective and won't affect existing claimants as I understand things.

There's one month from the date on the letter (not date of receipt) to lodge an appeal and the first stage of that is to ask them for a mandatory reconsideration of the ruling before going on to the formal appeal process. If you want to look into appealing then I strongly recommend getting the help of any one of the nearest Citizens Advice Bureau (https://www.citizensadvice.org.uk/ab...advice/advice/), local council benefits advice unit or community law centre depending upon what is available locally.

PS LakieLady and Little Nell are good providers of relevant advice in this thread.
LakieLady
12-04-2016
Originally Posted by meadows76:
“He won't qualify for income based, I was hoping there would be a chance of getting him from the work to the support group as the support group seemingly isn't cut off after a year. I'm not sure why he can only claim for a year, it seems a bit bizarre really as its not as if he is going to get any better. Thanks for your help anyway.”

His ESA will go up to £102.15 a week. If he's been on ESA for more than 13 weeks already, the additional £29.05 pw will be backdated to the date 13 weeks after he started claiming.

There are specific descriptors that apply to the support group. Google ESA + limited capability for work-related activity descriptors, and you should find them easily enough. Have a look and see if any of them apply to him.

Even if he doesn't meet the criteria, he could still qualify for the support group IF he has health problems that could put him or anyone else at risk if he had to do work-related activity. This is known as a "Reg 35 appeal", and I've used it successfully in cases where someone has severe mental health problems that can cause them to get violent or bad cases of alcoholism.

If he meets one or the other above, he could consider appealing.

He has to request a mandatory reconsideration first though. If you decide to go down the appeal route, I'll happily give you some pointers.
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