× Members

IB to ESA transfer

  • Kate
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #98562 by Kate
IB to ESA transfer was created by Kate
I have very severe ME/CFS and have been on IB since 1996. In June 2012 I was sent a letter telling me that I would be reassessed for ESA. There was lots of incorrect paperwork sent to me, and paperwork not sent.

After a dreadful experience at the medical, I <i>finally</i> got a decision on this 3 weeks ago: WRAG.

We have put in an appeal (believing that I should be in the support group on personal safety grounds, and because I can do almost nothing without support) but are getting passed from pillar to post: five times we have requested all the information used in making the decision (three by telephone and twice by letter). Everyone we speak to tells us something different. We have been promised a call back each time by the call centre staff (two of whom have been very rude to my partner), but this never comes. Phoning 0845- phone numbers and sending letters recorded delivery has already cost us nearly £15. They repeatedly refuse to let us talk directly to anyone locally who is dealing with the claim.

We now have 2 copies of the ESA85, which is a complete joke - everything I said has been taken out of context. But, it says I am unlikely to be able to wok again within 2 years. No points scores on anything, and no other information (eg the DMs score sheet as we requested) in the envelope.

We have an acknowledgement of the appeal today - but this says that I need to send in medical certificates while the appeal is in progress. There is no local phone number to call - just the usual central call centre, and the signature is such a scribble that we can't read it.

Is this correct? I've been on IB since 1996, and was recently placed in the WRAG. I haven't seen a GP for years as they have nothing to offer me, and have made it very clear that if I won't take their medication (which gave me terrible side-effects) then I was on my own. I self-manage as well as I can, although it takes me all my energy to just get through the day. I thought that if placed in the WRAG I should get WRAG rate (I only qualify for ESA on contributory grounds) during my appeal, and don't understand why they want medical certificates?

I've only just joined this site, and am finding it hard to locate the information I need. Even when logged in I can't seem to get to the full versions of the advice leaflets.

Thanks for any help. I'm just constantly in tears at the moment as everything seems to have gone wrong and I just can't see an end to this. If we could only get the correct information, or even consistent information from DWP, it would help.

Would involving my MP help do you think? The only advice available in this area is CAB and they apparently have a 10 week wait for initial appointments which is no good to me as we need to send in more information for the appeal - but they won't send us the information we need in order to do this.
Last edit: 11 years 1 month ago by slugsta.

Please Log in or Create an account to join the conversation.

More
11 years 1 month ago #98568 by slugsta
Replied by slugsta on topic IB to ESA transfer
Hello Kate and welcome to the site

Welcome to Benefits and Work

Our ESA claims and appeal resources are here

ESA claims and appeals

Like yourself, I had difficulty getting hold of the paperwork associated with my ESA claim, it seems that neither a formal Statement Of Reasons nor a score sheet were produced in my case. You could make a formal Freedom of Information request for all the data DWP hold on you but be warned that they do have 40 days to respond to this - and you might not find it much help even then.

Many people make the mistake of putting all their energy into refuting the claims made on the ESA85/85a but it is most important to show that you meet the Support Group descriptors (or the exceptional circumstances rule)

Qualifying for the Support Group

It is not usually possible to speak to DWP Decision Makers in person unless they initiatethe call. Call centre operatives are not able to transfer calls to Decision Makers. The best you can do is ask for a call-back from a supervisor. You might need to do this in order to get advice about your fit-note because, as you rightly said, one should not be needed in your case. However, I would not advise that you take the risk of ignoring this request unless you have definitive advice that you do not need to submit one!

Do I need to provide a Fit Note?

As you have been on IB you will have been transferred to contributary ESA. given the length of time people are waiting for appeals, it is possible that your 365 day entitlement will be used up before you have a decision.

12 Month Limit for ESA(CB)

Yes, many of our members have found their MPs helpful altough, of course, some are better than others!

Contacting your MP

If you have further queries, please ask them on this thread. You mght like to mark this as a 'favourite' so that it is easy to find again :)

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

Please Log in or Create an account to join the conversation.

More
11 years 1 month ago - 11 years 1 month ago #98574 by agmlfc72
Replied by agmlfc72 on topic IB to ESA transfer

Kate wrote: We have an acknowledgement of the appeal today - but this says that I need to send in medical certificates while the appeal is in progress. There is no local phone number to call - just the usual central call centre, and the signature is such a scribble that we can't read it.

Is this correct? I've been on IB since 1996, and was recently placed in the WRAG. I haven't seen a GP for years as they have nothing to offer me, and have made it very clear that if I won't take their medication (which gave me terrible side-effects) then I was on my own. I self-manage as well as I can, although it takes me all my energy to just get through the day. I thought that if placed in the WRAG I should get WRAG rate (I only qualify for ESA on contributory grounds) during my appeal, and don't understand why they want medical certificates?


it is obviously a mistake or a standard letter sent to everyone on esa who is appealing a decision, you dont need to send in medical certificates because you have been found to have limited capability for work and you have been placed in the work related activity group - whilst appealing to be in the support group (from wrag) you dont need to send in any medical certificates, only people who have been found fit for work and appeal that decision need to send in the fit notes or people in the assessment phase.
Last edit: 11 years 1 month ago by . Reason: Tick
The following user(s) said Thank You: Kate

Please Log in or Create an account to join the conversation.

  • Kate
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #98581 by Kate
Replied by Kate on topic IB to ESA transfer
This 'error' is indicative of all the errors that have happened throughout the process. I am really at the end of my tether and am now barely functioning.

Thanks for the info so far - could I just clarify one thing:

"<i>As you have been on IB you will have been transferred to contributary ESA. given the length of time people are waiting for appeals, it is possible that your 365 day entitlement will be used up before you have a decision.</i>"

What would happen in this case?

Would involving our MP (who is usually good) speed things up?
Last edit: 11 years 1 month ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 1 month ago - 11 years 1 month ago #98582 by Gordon
Replied by Gordon on topic IB to ESA transfer

Kate wrote: This 'error' is indicative of all the errors that have happened throughout the process. I am really at the end of my tether and am now barely functioning.

Thanks for the info so far - could I just clarify one thing:

"<i>As you have been on IB you will have been transferred to contributary ESA. given the length of time people are waiting for appeals, it is possible that your 365 day entitlement will be used up before you have a decision.</i>"

What would happen in this case?

Would involving our MP (who is usually good) speed things up?


Should your Tribunal not be heard before the 365 days have elapsed, then your payments will cease, unless you are also eligible for Income Related ESA, this would be subject to you meeting the associated means test of income, assets and hours worked by a partner, see

12 Month Limit for ESA(CB) – Implementation

24 hour work rule for ESA(IR)

If your appeal is successful and you are placed in the Support Group then your ESA(CB) payments will be re-instated from the day they were stopped and you will receive back payments for the additional SG rate.

Involving your MP may speed the process, but as they are not allowed to interfere in any official processes, merely focus the DWP's attention on your claim, I would not expect there to be any significant advantage, but it never hurts :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
The following user(s) said Thank You: Kate

Please Log in or Create an account to join the conversation.

  • Kate
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #98838 by Kate
Replied by Kate on topic IB to ESA transfer
I have now had a third 'standard' letter that answers absolutely none of the questions we have posed in previous letters, and supplies none of the requested information, including clarification about what they have told us to do in previous letters.

For the third time, the letter speaks of "your application for jobseekers allowance". The second sheet of the letter is on the second side of the first sheet and does not contain a closing signature line - it almost looks like it is someone else's letter. Additionally, it now seems that the claim is being dealt with by an office 400 miles away from us!

Despite 4 calls from my husband asking for a callback, still none has come.

I think this is maladministration.

Any advice on what we can do?
Last edit: 11 years 1 month ago by Gordon.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.