Here we go again!

Decided to bit the bullet and join this wonderful group this week after fighting the DWP for over a decade so Hi everyone. I got the dreaded ESA50 in the post yesterday. This will be my 6th WCA which have occurred every 21 months on average and the second under the MR rules. The first three assessments put me in the WRAG, the fourth found me fit for work (6 months fighting the DWP and presented the trubunal with 170 pages of evidence) which later put me into the WRAG after appeal (the day before I was told that I didn't have to attend as they had sufficient evidence to make a decision by paper). The last (5th) assessment was cut short as the guy told me there was no need for it to continue. I was placed in the support group. Maybe it's no coincidence that the four WRAG assessments were by a doctor and I was found fit for work by a nurse! For the last three assessments I have used the same information - pretty much word word for wordin fact. Don't you wish that you could simply tick a box saying that nothing has changed (let alone got worse) from 21 months ago!

What I find strange is the fact that it really is a complete lottery. I presented exactly the same information on three occasions and yet I was put in the WRAG, found fit for work, and then put in the support group. Go figure!!

As we all must do I have to prepare myself regarding the possibility that I might have to go to an MR. I'm assuming that if they put me back in the WRAG again I will received the previous payment (just over £100pw) and not the equivalent of JSA that applies to new WRAG members now. Did you know that you cannot apply for JSA for a month following the last day of your ESA payment. I won't be applying for JSA. I could make it to the job centre occasionally (as I did in the WRAG) but not on a regularly basis and I would end up being sanctioned within a month.

So I will have to do without any money at all during the MR process. That is a frightening prospect as I am sure it is for many here. The worst thing of all is that you simply don't know how long it is going to take, and that you have no income at all. On average it is now taking at least 6 weeks for the decision to be made but it may take longer (I tell that I am not good with phones to that will no doubt prolong the process). Whilst we all have to adhere to strict and relatively short time limits, there is no such limit with the decision making process. Just this week I read that at least one person had to wait over 4 months! How are you supposed to live that long with no money coming in! How are you supposed to pay to get to the job centre (mines nearly 10 miles away and I can't use public transport!) to claim JSA after having no money for 6 weeks let alone 4 months!

Okay I've waffled on enough for now. I am a bit of a seasoned veteran with ESA (including appealing) so if I can help at all I am more than happy to do so

One final question if I may. If it goes that far, when you lodge your appeal you then become entitled to the assessment rate ESA (or JSA rates) during the appeal period. At that point is it true that payments will be backdated to include the period during which the MR process takes place?

Thanks.

Thanks for your reply Gary. I'm assuming from what you said that the assessment rate will only cut in on the day that your appeal is received (and recorded). I also assume that is when the court receives the information rather than the date you notify the DWP of your intention to appeal (if you feel courteous enough to inform them). Therefore the missing period of no money (MR) will only be backdated if you win your appeal nth months down the road.

Bearing in mind you would have been with no money for at least 6 weeks, and you may not find out until you receive the notification letter two or three days later, and that it would be at least another week before your appeal is registered there is a perfectly valid reason to get your appeal in at the very earliest opportunity (to get some money!) and with the minimum required paperwork to get the appeal accepted. Then you could send more information at a slightly more leisurely pace. Thanks again.

Thanks Gordon,

Apologies regarding the reference to JSA. I was merely trying to get things straight (in my own head) that assessment rate is exactly the same as JSA. Also, as new claimants who are placed in the WRAG now only get the assessment rate (with no enhancements) I was asking that if I get put back into the WRAG then 'grandfather' rights will apply. In other words, as I am not a new claimant after the relevant changes came into place, I would get the enhanced rate. I also note that you must have had at least once successful claim previously otherwise you will be classified, for payment purposes, as a new claimant.

I should just be able to manage with no money at all for six weeks but I accept that a lot of people will not be able to. I was just wondering what I would do if the MR took longer than six weeks (highly probable) and the only option would be to apply to the hardship fund (which you have to pay back) or claim JSA. Like a lot (probably most) of good people here I couldn't adhere to the JSA conditions due to my health.

I initially thought that you would not get any back payments for the MR period unless you were successful at appeal. But now I can send a fit note and received payment from the day after I was found fit for work.. Thanks for that confirmation If I understand you correctly then when the DWP receive confirmation of my appeal from the Tribunal Service then I have to ask to be put onto the assessment rate pending appeal. So this is not automatic then. That would be the time to include the backdated fit note of course.

I noted with interest the recent changes to the letter and in the guidance to GP's regarding fit notes. In particular the reference to 'they ask you for evidence for a reconsideration or appeal against our decision'

Which brings me to my final point. Like many others here I had a very supportive GP who provided a letter of support on the last two occasions which I included with my ESA50 Form. Unfortunately, due to the GP pensions debacle he took early retirement two years ago. I have only seen my current GP (part timer) twice since then so he doesn't know me very well. I have already written to him asking him for a similar letter of support and I will find out if he is willing to do so or not next week. We all know that the importance of a letter of support from your GP can not be stressed enough but what surprises me (not) is that current guidelines to GP's state and I quote:

As the patient’s doctor Your patient should complete the forms to support their claim using information that they have to hand, and should not ask you for information to help them do this, or to complete the forms yourself. Unquote.

In reality it would be unreasonable to expect a GP to help complete the form but a letter of support should be perfectly reasonable surely. In addition the ESA50 Form now clearly states on more than one occasion that you should 'send copies of medical information if you already have them. Don't ask or pay for new information'. That's not even advisory, that sounds like a dictate. What its saying is don't ask your GP for any help with the claim. We don't want you to do anything that may improve your chances of a successful claim. Go figure!