× Members

IB evidence used in ESA decision?

More
11 years 10 months ago - 11 years 10 months ago #107802 by lucids
IB evidence used in ESA decision? was created by lucids
Firstly thank you for all the guides and other useful info on the forum. I am being transferred from IB (since 2002) to ESA. I am wondering whether they use any of the existing medical evidence that was obtained from consultants/GP for the IB claim to decide on the ESA. I claimed IB originally in 2002 then had to fill in forms again in 2003 & 2007, I didn't supply any medical documents myself so I assume they contacted the doctors directly. I wasn't called for any medical examination.

This time I have sent in about 6 consultant letters with regard to my conditions, but I note that none really relate to any of the functional descriptors. how do I prove for instance that I get tired and breathless and in pain after walking about 40-50 metres? Sure i can show my condition has caused lung disease and have joint pain but how would the doctors even know unless they ask or i tell them. I remember being able to manage about 200m 6 years ago. This is the only descriptor as far as I can see that would get me into the support group.

I have about 150 other letters, but these are just appointment letters for consultants or various tests or scans. I sent copies of about 20 of them to illustrate a continuity of treatment. I sent the Forms off today as it was due tomorrow (worth spending £20 with DHL to get it couriered over). But should I have sent all the appointment letters or are they irrelevant?

I also sent a few sheets I printed off the web with info on my condition. One was from the British Lung Foundation and the other from the DWP's own site. I thought as my condition is rare the person at ATOS may not know anything about it. Was this wise you think? The forms were returned directly to ATOS not the DWP does that mean I will have to go for one of those face to face examinations, do some get returned directly to the DWP?

I have contacted my GP today to ask if i can see all my medical records and find some more evidence in there. From 2005 it is all scanned into the computer but before then all on paper. Not sure how long before they become available so I wonder is there a time limit for sending extra evidence in afterwards if it takes a couple weeks for me to get to see and go through my records? I would have done all this before but it took me about 2 weeks to even get what i had together and go through the guides and fill in the ESA50. I only just realised that the evidence should be related to the descriptors as opposed to the condition. That just isn't something that has ever appeared in any letters i have seen. I have updated my GP who is very sympathetic but my consultant is quite brash and a bit scary to talk about these things and quickly changes the subject to his agenda when I see him.

Thank you in advance for any help or answers here and sorry for all the questions. I have read all the guides and looked through the forum but am very worried and stress by all this and haven't slept properly for weeks.
Last edit: 11 years 10 months ago by slugsta.

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

More
11 years 10 months ago #107808 by slugsta
Replied by slugsta on topic IB evidence used in ESA decision?
Hi 'lucids',

We always tell our members to treat every claim as if it is the first and to rely on DWP having any paperwork relating to prior claims. However, it seems that DWP do sometimes use forms from previous assessments.

It is a matter of personal opinion regarding the appointment letters. Some people believe that sending in all the appointment letters helps show the severity of a condition. I don't think this is necessary unless it is the only supporting evidence the claimant has.

All forms are sent out by, and returned to, ATOS. If they deem that a recommendation can be made without a face-to-face assessment they will return the case file to DWP.

It is impossible to say exactly how long you will have to submit supporting evidence. The most important thing is to get the ESA50 returned in time, anything else should follow when it is available. You could send it to both ATOS and DWP to be sure that the right department gets it.

Sending Documents to the DWP or ATOS

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

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

More
11 years 10 months ago #107816 by lucids
Replied by lucids on topic IB evidence used in ESA decision?
Thank you for your reply, I have been dreading the day the brown envelope would arrive with all the horror stories. I did my best with the ESA50 and followed the guide mentioning as much as I could, but what worries me is the lack of evidence and how these letters don't relate to the functional descriptors. Hopefully when I get access to my medical records I can find other records from earlier on. I remember being told in 2002 that i had already lost 40% of my lungs to scarring but have no evidence of this, and how to prove the 50 meters!

Hopefully the info on my condition and its chronic nature will enlighten the person at ATOS who reviews my transfer.

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

More
11 years 10 months ago - 11 years 10 months ago #107825 by lucids
Replied by lucids on topic IB evidence used in ESA decision?
just read the FAQ re ESA IR and the savings deductions but for what period is the deduction made, per week or 2 weeks or month?
Last edit: 11 years 10 months ago by Gordon.

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

More
11 years 10 months ago #107830 by Gordon
Replied by Gordon on topic IB evidence used in ESA decision?

lucids wrote: just read the FAQ re ESA IR and the savings deductions but for what period is the deduction made, per week or 2 weeks or month?


It is per week. So in the example from the FAQ, the deduction is £16 per week.

Gordon

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

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

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid