Re: voluntary work and transferring on to ESA

Hi there,

Thanks for your post it was really helpful and I must say I've been thinking about the option of if I can delay the volunteer work until after the assessment. As what it's made me realise is how anxious I am about worst case scenarios and how getting through the assessment itself is distressing in itself and it's made me feel more ill to honest. Maybe I would be giving myself a harder time with the timing of it all.

I've asked derek if by waiting till after the assessment I would be automatically given a review (another assessment) as that is a worry too.

Would you mind me asking with what I need to be careful about saying?

Many thanks

Hi Gordon,

thanks for your advice, could you tell me where I would best getting advice from in my case?

Also, on another subject but related to my situation, I've been thinking for a long while about putting in a DLA claim, after a housing officer said I should do. What's put me off before, is a the stress that goes with it and I after I got through my last IB assessment I thought I better leave it as I was worried about that being affected.

As you know my ESA transfer is looming. I've had a look at the DLA stuff you have online and I think I have a claim.

What I want to know is how will it affect me in putting in a claim for DLA in terms of the ESA assessment looming.

Also, I've heard about the threat of the DLA assessments being subject to the atos treatment - when is this happening?

Finally, where do I stand in terms of the DLA assessment and voulntary work- do claimants of this benefit get an easier time in terms of being allowed to do voluntary work and permitted work without the threat of it effecting there benefit?

Many thanks

Angelcake

angelcake wrote:

Hi Gordon,

thanks for your advice, could you tell me where I would best getting advice from in my case?

Also, on another subject but related to my situation, I've been thinking for a long while about putting in a DLA claim, after a housing officer said I should do. What's put me off before, is a the stress that goes with it and I after I got through my last IB assessment I thought I better leave it as I was worried about that being affected.

As you know my ESA transfer is looming. I've had a look at the DLA stuff you have online and I think I have a claim.

What I want to know is how will it affect me in putting in a claim for DLA in terms of the ESA assessment looming.

Also, I've heard about the threat of the DLA assessments being subject to the atos treatment - when is this happening?

Finally, where do I stand in terms of the DLA assessment and voulntary work- do claimants of this benefit get an easier time in terms of being allowed to do voluntary work and permitted work without the threat of it effecting there benefit?

Many thanks

Angelcake

Hi Ac,

With respect to applying for DLA effecting your ESA migration,

ESA and DLA are totally different allowances with different qualifying criteria, although there are a couple of crossovers.

The only situation where DLA could have an effect on ESA, or vice-versa, is if there was anything contained in your application for either, or indeed a medical report for either, that was contradictory to an award of the other.

With respect to where to seek advice, see :

Where to get advice?

Or you can search for local advice agencies to your location on the internet.

bro58

MOD EDIT : POSTED SAME TIME AS GORDON, SEE HIS POST ALSO.

angelcake wrote:

Hi Derek,

Thanks very much for your reply is was really helpful!
I have some more questions if that's ok.

Sorry lots of questions and long post!

On the subject of my transfer date (which was supposed to be last Oct,which will mean this Oct it will be two years since my last assessment)not that I'm wanting to bring it on but to base my decision on the bigger picture and figure out what's going on. I'm presuming the delay is backlog? I can't see them leaving it more than two years and think maybe because I had been assessed in Oct 2010 that they might be leaving me as one of the last ones and assessing those who haven't been assessed for years - I really don't know.

I see that you say doing voluntary work does not exclude claimants from the support group which does reassure me somewhat. Is it possible I will be making life harder for myself if I choose to do the voluntary work in terms of getting into the support group? If I decide to/can delay this voluntary work to a better time say once I've got through the assessment - will this trigger an automatic review?


Also, on the subject of descriptors I've had a look at the ESA mannual at the descriptors and some of them that I think describe my condition. Would these descriptors potentially be invalidated if I do the voluntary work? For example, due to my condition going out alone does affect me,my condition can be variable and also the issue of reliabilty very much describes how I can be affected - not being able to predict how I will be from one day to the next and can also go through very bad periods. So could they argue because of the voluntary work this does not apply to me?

Finally who do you think it would be most helpful for me to get face-to-face help with?

Many thanks

Angelcake

Hi Angelcake

Sorry for not replying, I've been off the forums for a few days.

I think most people would agree that if you had two face-to-face assessments with different healthcare professionals on the same day, and the medical reports were looked at by different DWP decision makers - you would get very different results. Possibly 0 points for one assessment and 15 points for the other. Therefore, it is completely impossible to second guess how voluntary work will effect the relevant descriptors.

It does make sense to look at the worst possible scenario of how evidence may be incorrectly used against you (which nearly always leads to 0 points), but you don't have to assume that that will be the case.

No descriptor can be invalidated simply because your voluntary work appears to conflict with your disability - as Gordon mentioned, you need to explain any potential discrepancy.

You asked if the DWP could argue that because of voluntary work, descriptors will not apply to you. Both, claimants and the DWP can argue anything they like!

I've known somebody with hearing difficulties who regularly drank in pubs with his friends, and the DWP argued on appeal that due to the significant background noise and music that you get in pubs, it was unlikely that this person would be visiting pubs if he had a hearing problem!!!

So it's not really a question of whether they can argue that you do not fit the descriptors, but whether they can justify their argument.

Good luck

Derek