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IS to ESA(IR) conversion queries
- Uncarina
- Topic Author
11 years 1 month ago - 11 years 1 month ago #102228 by Uncarina
IS to ESA(IR) conversion queries was created by Uncarina
I have a severe psychiatric (and incurable) disorder and have been in receipt of IS (as IB), and it's predecessor SB (as IB) since 1980 continuously.
Apart from when my address changed in 2008, I've never had to undergo any kind of review/PCA/WCA. In 2008, I was subjected to a PCA which I found about the most devastating event upon my already abnormal mental health. Although, the HCP at the time took one look at my bizarre behaviour in the waiting room - and said I shouldn't have been summoned at all, phoned the DWP DM and told me to go home. So, I didn't really have the PCA as such.
I received a letter a fortnight ago from DWP/ATOS informing me I was about to commence the transfer/conversion process. They would phone it said: which is pointless, as I had told them previously, there is no phone attached to my line - only have it for internet connection.
Anyway, a ESA50 01/13 form came with today's post with a deadline of the 8th May for submission to ATOS Healthcare in Bristol. Notably quite a different address to DWP, the Chippenham BDC sent the first letter.
Upon receipt of the first letter, I rejoined B&W, as the guides helped me in 2008 with IB50 forms.
However, in all honesty, I don't think I can subject myself to this now harsher regime. My fragile mental stability is almost certain to fracture, which may or may not have very serious consequences.
Having read extensively on the this and other disability forums and blogs, I have been seriously considering just letting it lapse and not bothering to complete the ESA50 01/13 form.
Obviously, if I did my IS would cease. But I can't seem to find out when? On thew 8th May? I was under the impression it was paid in arrears, so would that be
Fortunately, I'm a recluse, grow 95% of my food and have very little outgoings (I need no more £110 per month, to live as I do) and have managed to save a little, enough to support myself for about year. Obviously I could cut down, and reduce that further, if need be.
My second thought, having read that several convertees ( a tiny minority, though) have been converted on the evidence submitted with ESA50 alone and not summoned for the WCA. Although placing me under extreme duress, I possibly could embark on that route. But I need to know, if I do, can I withdraw my claim, if ATOS summon me for WCA. Or once initiated, are you obliged to continue?
Apart from when my address changed in 2008, I've never had to undergo any kind of review/PCA/WCA. In 2008, I was subjected to a PCA which I found about the most devastating event upon my already abnormal mental health. Although, the HCP at the time took one look at my bizarre behaviour in the waiting room - and said I shouldn't have been summoned at all, phoned the DWP DM and told me to go home. So, I didn't really have the PCA as such.
I received a letter a fortnight ago from DWP/ATOS informing me I was about to commence the transfer/conversion process. They would phone it said: which is pointless, as I had told them previously, there is no phone attached to my line - only have it for internet connection.
Anyway, a ESA50 01/13 form came with today's post with a deadline of the 8th May for submission to ATOS Healthcare in Bristol. Notably quite a different address to DWP, the Chippenham BDC sent the first letter.
Upon receipt of the first letter, I rejoined B&W, as the guides helped me in 2008 with IB50 forms.
However, in all honesty, I don't think I can subject myself to this now harsher regime. My fragile mental stability is almost certain to fracture, which may or may not have very serious consequences.
Having read extensively on the this and other disability forums and blogs, I have been seriously considering just letting it lapse and not bothering to complete the ESA50 01/13 form.
Obviously, if I did my IS would cease. But I can't seem to find out when? On thew 8th May? I was under the impression it was paid in arrears, so would that be
Fortunately, I'm a recluse, grow 95% of my food and have very little outgoings (I need no more £110 per month, to live as I do) and have managed to save a little, enough to support myself for about year. Obviously I could cut down, and reduce that further, if need be.
My second thought, having read that several convertees ( a tiny minority, though) have been converted on the evidence submitted with ESA50 alone and not summoned for the WCA. Although placing me under extreme duress, I possibly could embark on that route. But I need to know, if I do, can I withdraw my claim, if ATOS summon me for WCA. Or once initiated, are you obliged to continue?
Last edit: 11 years 1 month ago by . Reason: Tick.
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- Gordon
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11 years 1 month ago #102237 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IS to ESA(IR) conversion queries
Uncarina
I can appreciate how difficult this is for you, but I would encourage you to pursue your claim, as it is money that that you are entitled to.
I will go into more detail in a minute, but to answer your question, you can withdraw your claim at any time.
Your best opportunity to avoid a face to face assessment is to complete the ESA50 in detail and if possible, provide supporting medical evidence of your problems. I cannot provide a statistic, but it appears that the likelihood of you being transferred without a WCA is a lot higher on a transfer than a new claim.
If you do not complete the ESA50, then as you have a history of mental health problems, ATOS may still continue with the assessment process, you are probably more likely to be called for an assessment under these circumstances, but it is still possible to avoid this.
If you are called for an assessment, and I assume that a home assessment is no better for you, and you fail to attend then your claim will be closed and you will be found Fit for Work due to a technical failure. I do not recommend this option as it has the potential to cause further problems, it is far better in these circumstances to close your claim, typically you will receive notification of this and receive one further payment of your IS.
Please have a look at our ESA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/esa
and if you have further questions, please reply to this post.
Gordon
I can appreciate how difficult this is for you, but I would encourage you to pursue your claim, as it is money that that you are entitled to.
I will go into more detail in a minute, but to answer your question, you can withdraw your claim at any time.
Your best opportunity to avoid a face to face assessment is to complete the ESA50 in detail and if possible, provide supporting medical evidence of your problems. I cannot provide a statistic, but it appears that the likelihood of you being transferred without a WCA is a lot higher on a transfer than a new claim.
If you do not complete the ESA50, then as you have a history of mental health problems, ATOS may still continue with the assessment process, you are probably more likely to be called for an assessment under these circumstances, but it is still possible to avoid this.
If you are called for an assessment, and I assume that a home assessment is no better for you, and you fail to attend then your claim will be closed and you will be found Fit for Work due to a technical failure. I do not recommend this option as it has the potential to cause further problems, it is far better in these circumstances to close your claim, typically you will receive notification of this and receive one further payment of your IS.
Please have a look at our ESA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/esa
and if you have further questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Uncarina
- Topic Author
11 years 1 week ago - 11 years 1 week ago #104020 by Uncarina
Replied by Uncarina on topic IS to ESA(IR) conversion queries
Thanks Gordon
I know you're right but I'm still not sure whether I can go with it. one minute I think I will, I get the form out, write a bit, edit it, write a bit more, stop. Think about the never ending process and conclude i can't.
I'm going to have a problem with evidence,if the DWP/ATOS won't request it from my medical file - my original psychiatrist retired and unfortunately died shortly afterwards. I then moved, my new GP practice doesn't seem involve itself in referring new patients to whomever they use psychiatrically. I doubt my forensic psychiatrist would remember me, besides he's not at that hospital now
My new GP didn't seem to want to get involved with supplying medical evidence from the archives but suggested i could ask for them in writing under a DPA request to the practice manager. They haven't replied yet and my ESA deadline is about to expire again. My solicitor's clerk got the DWP to extend it. She said they've made a note in my file, but they didn't confirm it by fax. Technically it needs to be in the post 7:30pm tonight
Two more queries:
If I specify in the dates you cannot come box, I need at least two months notice to mentally prepare myself therefore, I cannot come from 0-2 months in the next 3 months, are they likely to honour this. I've already put quite restrictive times, when i've guessed they'd be quiet . Although I keep reading all over the place, they're double and triple booking appointments! so it might not be possible to get one when it's quiet
And is it best to mention that I'm likely to have a psychotic episode before, during, or at the assessment centre, and given how traumatic I'm finding this intrusive process; it might turn violent?
A home visit would be worse - i can't have anyone in my house, stranger or not - no-one comes over my threshold
I know you're right but I'm still not sure whether I can go with it. one minute I think I will, I get the form out, write a bit, edit it, write a bit more, stop. Think about the never ending process and conclude i can't.
I'm going to have a problem with evidence,if the DWP/ATOS won't request it from my medical file - my original psychiatrist retired and unfortunately died shortly afterwards. I then moved, my new GP practice doesn't seem involve itself in referring new patients to whomever they use psychiatrically. I doubt my forensic psychiatrist would remember me, besides he's not at that hospital now
My new GP didn't seem to want to get involved with supplying medical evidence from the archives but suggested i could ask for them in writing under a DPA request to the practice manager. They haven't replied yet and my ESA deadline is about to expire again. My solicitor's clerk got the DWP to extend it. She said they've made a note in my file, but they didn't confirm it by fax. Technically it needs to be in the post 7:30pm tonight
Two more queries:
If I specify in the dates you cannot come box, I need at least two months notice to mentally prepare myself therefore, I cannot come from 0-2 months in the next 3 months, are they likely to honour this. I've already put quite restrictive times, when i've guessed they'd be quiet . Although I keep reading all over the place, they're double and triple booking appointments! so it might not be possible to get one when it's quiet
And is it best to mention that I'm likely to have a psychotic episode before, during, or at the assessment centre, and given how traumatic I'm finding this intrusive process; it might turn violent?
A home visit would be worse - i can't have anyone in my house, stranger or not - no-one comes over my threshold
Last edit: 11 years 1 week ago by Gordon.
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- Gordon
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11 years 1 week ago #104026 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IS to ESA(IR) conversion queries
Uncarina
I can only explain how the system normally works, whilst the exceptions that you are looking for certainly happen, I cannot guarantee that they would be applied to your, that of course also means that I cannot say that they will not.
My best advice is for your to include as much information and evidence as you are able to, certainly if there is a risk to you or to others by your attending an assessment, then this is something to draw their attention to, although it will not in itself excuse you from attending.
You should also make it clear that you cannot use the phone as ATOS typically phone to arrange an appointment.
It is possible for a recommendation on your claim to be made without you attending an assessment so there is still everything to "play" for.
Good luck
Gordon
I can only explain how the system normally works, whilst the exceptions that you are looking for certainly happen, I cannot guarantee that they would be applied to your, that of course also means that I cannot say that they will not.
My best advice is for your to include as much information and evidence as you are able to, certainly if there is a risk to you or to others by your attending an assessment, then this is something to draw their attention to, although it will not in itself excuse you from attending.
You should also make it clear that you cannot use the phone as ATOS typically phone to arrange an appointment.
It is possible for a recommendation on your claim to be made without you attending an assessment so there is still everything to "play" for.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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