Is this normal?

Is this normal? My wife has already been transferred to ESA (Support Group)from Incapacity Benefit which she had been on since 2003 after being in full time work for 30 years.
She had not worked since 2003 after an industrial accident at work. She receives DLA with the middle rate of care and the higher rate of mobility (this is an indefinite award – until reviewed for PIP). She also receives Industrial Disablement Benefit at the 30% rate.
The sequence of events is that on 8th February 2013 she completed the ESA50. This was reviewed on 1st March by ATOS and without a medical she was put in the WRAG group with effect from 13th April by DWP.
She asked for reconsideration as she is now more or less wheelchair bound being able to walk a few steps only. DWP replied saying that original decision stood. She then decided to appeal and sent off appeal together with a letter from her GP. Before getting to appeal DWP reconsidered her case again and decided to put her in Support Group with effect from 11th June 2013.
She has now received two ESA50 forms from ATOS, one dated 10th October and one dated 14th October to complete. This is less than 4 months since being placed in support group.
I would add that the ESA85A issued on 1st March 2013 gives a prognosis of being unable to return to work for at least two years.
My wife’s retirement date is Jan 2015.
We know we have no choice but to fill in the ESA50 again but this really does appear to a waste of everyone’s time and money.
She is just wondering if this is normal or is she persecuted because she decided to appeal earlier in the year.

Inan wrote: Is this normal? My wife has already been transferred to ESA (Support Group)from Incapacity Benefit which she had been on since 2003 after being in full time work for 30 years.
She had not worked since 2003 after an industrial accident at work. She receives DLA with the middle rate of care and the higher rate of mobility (this is an indefinite award – until reviewed for PIP). She also receives Industrial Disablement Benefit at the 30% rate.
The sequence of events is that on 8th February 2013 she completed the ESA50. This was reviewed on 1st March by ATOS and without a medical she was put in the WRAG group with effect from 13th April by DWP.
She asked for reconsideration as she is now more or less wheelchair bound being able to walk a few steps only. DWP replied saying that original decision stood. She then decided to appeal and sent off appeal together with a letter from her GP. Before getting to appeal DWP reconsidered her case again and decided to put her in Support Group with effect from 11th June 2013.
She has now received two ESA50 forms from ATOS, one dated 10th October and one dated 14th October to complete. This is less than 4 months since being placed in support group.
I would add that the ESA85A issued on 1st March 2013 gives a prognosis of being unable to return to work for at least two years.
My wife’s retirement date is Jan 2015.
We know we have no choice but to fill in the ESA50 again but this really does appear to a waste of everyone’s time and money.
She is just wondering if this is normal or is she persecuted because she decided to appeal earlier in the year.

Hi l,

There is a possibility that the ESA50's have been sent in error, the fact that you have received two could be an indication of this.

You should ring the 0845 number on any ESA letters that you have.

Your first point of contact will be a Call Responder in a Call Centre. As their knowledge and powers are limited, you should request an escalation to a Manager/Supervisor in The WCA Team at the Benefits Office that administers your ESA.

This will involve a call-back.

You should explain the situation, and query whether the ESA50's have been sent out by ATOS in error, as they are not supposed to send them out unless they have first received a referral/re-referral from the DWP.

If an error is admitted, it would be advisable to request written confirmation of this, and that they have cancelled the reassessment process with ATOS.

As it seems that at least 3 months has elapsed since the award, legally you cannot really challenge it.

However, you could insist on the reasons why this reassessment has begun, even though it seems that you originally received a 2 year prognosis.

You could threaten to complain to your M.P. regarding this waste of resources.

You could also contact ATOS's WCA Customer Services from their website :

www.atoshealthcare.com/claimants

See also : Contacting your MP

If the DWP insist that you still have to fill in the ESA50, you will have little choice but to comply.

You could make a start on it now, just in case, by :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "ESA Claims and Appeals - Current forms"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

bro58

Just to let you know what happened. We rang the number on the last DWP letter we had which stated we were being dealt with by the Nottingham Office. Obviously reached the call centre who could not answer why we had been sent two ESA50s but said my wife had to fill one in as when she was put in the support group upon reconsideration it was only for six months - beggars belief really!
Also rang ATOS as well who told her that her claim was now being handled by the Caerphilly Office - very strange as we live in Lincolnshire which is quite away from Wales. Anyway the lady was very helpful and took our number while she telephoned the Caerphilly Office to query why we had two ESA50s - came back to us saying no-one knew why we had two but to ignore the first one and complete the second one.
So we have completed the ESA50 and it was posted today recorded delivery. We will now wait and see what happens - I still cannot believe they only put her in support group for six months as she has been getting worse since 2003.
How this can be saving money I do not know?

Inan wrote: Just to let you know what happened. We rang the number on the last DWP letter we had which stated we were being dealt with by the Nottingham Office. Obviously reached the call centre who could not answer why we had been sent two ESA50s but said my wife had to fill one in as when she was put in the support group upon reconsideration it was only for six months - beggars belief really!
Also rang ATOS as well who told her that her claim was now being handled by the Caerphilly Office - very strange as we live in Lincolnshire which is quite away from Wales. Anyway the lady was very helpful and took our number while she telephoned the Caerphilly Office to query why we had two ESA50s - came back to us saying no-one knew why we had two but to ignore the first one and complete the second one.
So we have completed the ESA50 and it was posted today recorded delivery. We will now wait and see what happens - I still cannot believe they only put her in support group for six months as she has been getting worse since 2003.
How this can be saving money I do not know?

Hi I,

Thanks for the update, please let us know how things progress.

bro58

We have now heard from DWP. This letter is from the Wolverhampton office!

We think it is good news as it is headed 'Changes in the Employment Support Allowance' following a recent change.

Gives rates from 1st Feb and then 12th April - they are the support group rates so hopefully this will be it until my wife's retirement date early in 2015.

Letter talks about a mandatory reconsideration if we want to appeal - unnecessary this time.

Thanks for your guides they are a great help.

Next obstacle will be the conversion to PIP from DLA (Indefinite award) sometime after OCt 2015.

Just for others information - this took almost 3 months to the day from submission of form to receiving decision.