TRANSFER FROM IB TO ESA AND PIP CLAIM

angelcake

The legal test is the one defined by the Descriptors which refer to "someone unfamiliar to the claimant", the problem can be that ATOS and the DM make assumptions as to who does and does meet this description, so as an example; they may suggest that if you can meet with your GP then you do not qualify as this would be someone that you are not familiar with, this may be the case for some claimants, but is certainly not the case for all.

So you need to look at the times that you interact with people who are not family and consider how you manage this, then you can explain it on the form.

Severe anxiety, autism, psychosis, and learning disabilities are conditions where it is reasonable to expect that the claimant will have problems interacting with people that they do not know, but it is not an exhaustive list and if you feel that your depression results in you meeting the criteria then you should argue your case.

Ideally you want you GP to identify the Descriptors that you meet, why you meet them and the extent that you are affected, however, you need to be careful that you are not seen to be leading your doctor as to what they should write. One of the things you can do is provide them with a list of the ESA Descriptors and ask them to mark which ones you meet and why.

Gordon

angelcake

This is not an easy Descriptor to score points on at the best of times.

Sub-Descriptors 16(b) and 16(c) refer to people that the claimant is unfamiliar with, obviously if you have problems with people that you are familiar with then this would normally be considered "worse", but because of the wording I would say is not relevant.

If you are saying that you do not have problems with strangers but do with family and friends then I think you will struggle to score points for this Descriptor unless you can show that you meet 16(a).

Gordon

angelcake wrote: Ok well I would say that I have a problem with both but I'm not confident I would qualify for (a)

I have a lot of evidence for familiar but less so for unfamiliar, however when my condition is severe to moderate I would say that I have problems with both the majority of the time.

So is it best that I cover both bases or will it weaken my case they see a lot of evidence for familar and less for unfamiliar and they feel that I don't qualify for a ?

Thanks
AC

I would say that you need to show that you meet the Descriptor on your issues meeting unfamiliar people and that you also have problems with familiar people such as family.

Gordon