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TOPIC: IB/SDA/IS to ESA Conversion Notification Used to..

IB/SDA/IS to ESA Conversion Notification Used to.. 3 years 4 months ago #120849

Hello B&W.
I have been a member for over 6 months now and I would like to say Thank You for all your support that you give to your users. I have learned a lot from reading your guides and from other member’s forum posts and comments.
I am writing today to ask for some information in regards to ESA and a situation that occurred that has left me somewhat lost.
In February 2013 I received through the post a Notification form from Atos, which I believe is for people who are claiming IB/SDA/IS. The form outline that if you receive any of these benefits, the benefit will be converted to ESA. In short, it is an IB/SDA/IS to ESA conversion notification. It also states the requirements to qualify for ESA. Alongside the notification is an ESA50 questionnaire. The notification also states that if I do not return the ESA50 by the deadline date my benefit may be affected. Shorthand to say they will stop my benefit.
Consequently, I did not fill out the ESA50 as I felt it was not referring to me as I was not claiming any of the outline benefits (i.e. IB/SDA/IS). I was already on ESA so did not need the conversion process.
A few weeks later, another notification came stating that I now had 7 days to fill out and return the ESA50 or my benefit would be stopped. At, that point I thought I better filled out the form and send it back as I did not want to lose my benefit. Additionally, I thought they may have to change the name of my benefits or something which I may have missed.
As a result of filling out the ESA50 form, I was called for a WCA medical assessment, which I ‘surprisingly’ failed scoring 0 points and was found, fit for work.
My question to B&W and forum members is:
1) Is this in line with ESA reassessment policy and procedure?
2) Am I not to be informed by letter first of any changes by beforehand?
3) The way they (Atos/DWP) sent the IB/SDA/IS Conversion notification to get me to fill out the esa50 questionnaire;
• Is that legal
• Standard policy and procedure
(The ESA50 was used as evidence against me to help to cancel my ESA claim)

Thank you in advanced.

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Last Edit: by bro58. Reason: Tick.

IB/SDA/IS to ESA Conversion Notification Used to.. 3 years 4 months ago #120855

  • Gordon
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Drew

We have seen these letters mentioned a number of times on the forum, they are incorrectly worded and actually apply to a re-assessment of the claimants current ESA award, so you need to have completed this form and returned for you to continue to receive ESA.

You may be able to use the wording of the letter to show that you had inadequate time to complete and return the ESA50 and it therefore is not a full representation of your health, but this will not excuse you from having to appeal the Decision which found you Fit for Work.

The first stage to doing this is for you to request a Mandatory Reconsideration, you can do this over the phone but we recommend following it up in writing.

There are details of the process in our ESA MR and Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have any questions then reply to this post and we will try to help you.

Gordon
The following user(s) said Thank You: Drew

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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