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TRANSFER FROM IB TO ESA AND PIP CLAIM

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9 years 8 months ago #123807 by angelcake
Replied by angelcake on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
Hi Gordon,

thank you so much for your reply it gets things into perspective and interesting as you say that you can never tell and things can work out differently... even though it felt like a disaster it hopefully won't be! :)

Also good to hear that DM's are taking their power back over the ATOS giant and doing want they should be doing as it's their job to pass medical judgement and not rely on someone lesser qualified and a computerised package!

thanks to you I may get a bit of peace now and tonight :)

Angelcake

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9 years 5 months ago - 9 years 5 months ago #126073 by angelcake
Replied by angelcake on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
Hi there,

I’ve received a letter from the benefits office re: my ESA transfer and I have been put in the work related group.

I received the letter last week but I have been literally paralysed with fear and exhausted that it has stopped me from taking any action to sort this out. I’m still filled with anxiety but concerned what time I have left to do anything about it and what I have to do while coping with my current health problems. I’m really struggling with my health like many others here and feel overwhelmed and don’t know what to do if you could talk me through it I would really appreciate it.

The main reason for the panic is I don’t think I can cope with and even attend work-related activities I explained in depth in my claim and got robust evidence that my consultant opinion was that I am not anywhere near able to return to work. I have had to cancel 3 hospital appointments in the last two months as I’ve not been able to attend due to reasons that I’ve described with regard to the descriptors.

I was distressed with how my assessment went and the only thing I can say is I’m not totally surprised that I’ve been put in this group. I felt pressured and coerced to answer in a certain way for example – when asked how many times I visited the shops she was trying very hard to pressure me into saying once a week when some weeks I can’t go at all.

Worst still I’ve been put in the contribution group as I had a bit of voluntary severance left from my past job but what has happened is it looks like my PIP has been awarded and given a lump sum that has now taken me over the threshold. I only found out by accident as I have difficulty dealing with finances and I have received no notification that I have been awarded with PIP. At first I thought that maybe it had been put into my account by accident but I’m sure it must be right, I’ve just been too fraught with anxiety to deal with it.

Sorry I’m going off tangent, so the thought of the contribution ESA running out in a years time fills me with anxiety being thrown into working live that I can’t cope with, I cannot even think about returning to work.

I’ve even thought about just having the PIP and not claiming the work related ESA is this silly? As the stress is taking it’s toll and I don’t think I could reliably commit to work related activities due to the unpredictability nature of my health condition, I cannot cope with the change in routine and face meeting new people amongst many things and I think I wouldn’t be able to survive if I don’t go to them but on the other hand I do not think I would consistently be able to attend if at all!

Please could you advise me what to do as you can probably hear it’s thrown me into quite a distressed state and it’s taken me over a week to even be able to face writing this because I just wanted it to go away and I feel very fearful of the future right now and doubt my ability to cope with the future and even cope with this latest process it looks like I’m going to have to do.

The date on the letter 16 th Oct can you plse advise me as what steps I need to take and if there’s anything I can do that will help my case? From what I can see it is a mandatory reconsideration but don’t really understand the ins and outs.

Is this worst than it seems this process that I have to go through? Can you offer me any reassurance at all? I can't get a grip of my anxiety and it's preventing me from coping and dealing with the matter in hand. I just want to hide away from it at the moment but know I can’t. I’m frightened of my success in overturning this decision but at least I’ve passed the assessment thanks to the help of B&W and the fabulous moderators.

Thank you
Angel cake
Last edit: 9 years 5 months ago by Gordon.

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9 years 5 months ago #126076 by Gordon
Replied by Gordon on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
angelcake

I am sorry to hear that you have been placed in the WRAG.

This has obviously upset you but I think you need to try and take the positives from the situation, you have been found Unfit for Work and you are receiving money from the ESA award.

You have one month from the date of the Decision Letter to request a Mandatory Reconsideration, however, you can make a late request as long as you can show Good Cause for the delay.

The request can be made over the phone but we recommend your following it up on writing. The process is explained in more detail in our ESA MR & Appeal guide.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You must understand that to successfully challenge this Decision you must show that you meet the Support Group criteria, as a first stage to your doing this you need to understand how the Decision Maker made the WRAG award, so you need to request the documents used in the Decision from the DWP.

ESA medical – what forms to ask for?

Once you have these documents, hopefully, you will be able to write to the DWP to explain where you believe that their Decision is wrong.

As to your being in the WRAG, it is possible that you will not be asked to undertake any Work Related Activity, but even if they do, they need to take into account the limitations that result from your conditions, so if you receive a letter from your local JC+ office about this, you should contact them to see whether it can be deferred or carried out over the phone.

Let us know when you have contacted the DWP and we will try and help you more.

And try not to worry too much, if you look back through the forum you will see that we have had lots of members that have been able to be moved from the WRAG to the SG.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angelcake

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9 years 5 months ago #126123 by angelcake
Replied by angelcake on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
Hi Gordon,

Thank you for your reassuring and kind words it has been really helpful in calming my fears and anxiety. More so I think now I will be able to summon up the courage to face this now rather than avoid it – so thank you!

Thanks for breaking down the steps into manageable pieces, links and explaining what I need to do and why. I will ring the benefits office and write a letter first steps.

It is reassuring to know that there maybe possible options if I stay in the wrag about not be asked to undertake any Work Related Activity and taking into account the limitations and the possibility of doing things over the phone dramatically reduces the anxiety.

I will try not to worry too much and carry out the things now I know a bit more about what can be done it diffuses the anxiety a bit.

Perhaps I should not be thinking about this yet but worse case scenario and I remain in the wrag then what happens in a years time? (as in contribution) Does that mean I’m forced back into the workplace it is quite frightening thought!

You’re quite right though I do need to focus on the positives that I’ve been awarded with ESA as it could’ve been far worse and I’m eternally grateful to B&W yourself and all the moderators for providing an invaluable service and support really needed and appreciated. I get the e-mails and do read the many accounts of members who have been moved to support from wrag so thanks for drawing my attention that it is possible and that I can be more hopeful than fearful :)

Thank you!

Angelcake

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9 years 5 months ago #126125 by Gordon
Replied by Gordon on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
Angelcake

If you remain in the WRAG then your ESA(CB) payments will cease after 365 days, however, you may be eligible for Income Related ESA. Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Being eligible for ESA(IR) will also enable Housing Benefit and possible a reduction in your Council Tax, free prescriptions and dental care.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angelcake

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9 years 5 months ago #126148 by angelcake
Replied by angelcake on topic TRANSFER FROM IB TO ESA AND PIP CLAIM
Hi Gordon

Thanks for your reply.

I’ve a few more questions about the scenario if I remain in the WRAG group if you don’t mind – thanks.

So are all WRAG groups just for 365 days or is it just the contribution one? As I’m in the contribution one are there zero options to take once the 365 days are up??

If I feel that I'm still not able to work which given that I’ve got long-term problems that are not effectively controlled by medication and treatments then I imagine then I would be in this position in a years time. Does that mean you are cut off completely or can you make a fresh claim? Are there any options?

I’m not sure if the non-contribution WRAG group is 365 days only too?? but can you make a claim to go either into the support group after the 365 days or can you make a fresh claim that would give you another 365 days if you don’t get in the support group again?

I’ve never been in this position before whereby I have gone over the threshold of income does it make a difference in being able to claim if my income goes down below the threshold after the 365 days?

Of course I’ve been awarded the PIP but there is never any certainty and long-term security with the benefits situation. I am feeling very anxious in this predicament that in 365 days I will be cut off but still have long-term health problems that should validate a claim and not the just the option of job seekers allowance, when I would have to actively look for work which I would not be able to do realistically and then not be entitled because of that.

Hope you understand what I mean!
Thanks
Angelcake

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