× Members

IB to ESA abroad

  • ladycava
  • Topic Author
10 years 8 months ago - 10 years 8 months ago #106873 by ladycava
IB to ESA abroad was created by ladycava
Hello!
I hope you can help me. I live in Spain and exported my IB jst over 3 years ago. I was sent ESA form, completed it (Descriptor 1, I can't walk more than 50m without stopping plus several other issues to do with mobility and severe depression). Was put in WRAG. Informed DWP I would be appealing but wanted copy of ATOS report etc before I submitted appeal. They have now asked me to have medical. Originally I said I would have it here in Spain, but they can't guarantee English speaking doctor, and although I get by with Spanish I feel that for clarification on both sides have now requested medical in Uk. Also received date for first medical here a day before I was supposed to go in a city I do know at all, letter in Catalan which I don't speak at all and doctor wanted all relevant papers....which I hadn't and still haven't got from DWP. Can I be made to have the medical in Spain? I have acknowledged I will have to meet travel costs myself, but always have excellent care from airlines with wheelchair and lift on/off etc. Latest from DWP is that I should have medical where I live and that it could be some time before they can arrange one in UK. Have stuck to my guns and having explained circumstances for what seems the millionth time, have asked for it to be done in UK. I know I will be given sensible and empathetic advice here and God knows why I haven't asked you before...I've had all sorts of abuse on other forums which have had me in tears.
Many thanks in anticipation G
Last edit: 10 years 8 months ago by Gordon.

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

More
10 years 8 months ago - 10 years 8 months ago #106890 by Gordon
Replied by Gordon on topic IB to ESA abroad
Ladycava

We are quite limited in the advice we can give for benefit recipients living abroad, whilst in principle these claimants should be assessed in a similar manner to those still resident in the UK, there are no published procedures in regard to how the DWP will achieve this.

Their normal procedure is to assess in the country that the claimant is living in using a local doctor who they have briefed in regard to the ESA assessment criteria. It is possible, as you are living in Spain and there are a lot of ex-pats in a similar situation that they are using the same doctors each time, but that is not my impression, based on the limited information available.

Their reason for being reluctant to assess you in the UK is likely to be cost, even if you offer to pay any costs, this may still be at the back of their minds. Also, the way in which ATOS normally operate in assessing claimants does not lend itself to assessing someone in your situation. You only need to scan the forum to see that they regularly cancel appointments on the day. I guess, if it were treated in the same way as a home assessment, this might allow it to be carried out.

If it is carried out in Spain, and there is a language problem, then I would have expected the DWP to provide a professional translator on the day. Claimants in the UK who have difficulty speaking English are entitled to one and I cannot see why the reverse should not apply. I would have thought you could argue that it would be unreasonable for a medical to be carried out without your being able to properly understand the doctors questions and for them to properly understand your responses.

As an aside, and I say this without knowledge of your conditions, it may not be to your advantage to be assessed in the UK, the ATOS assessor will be entitled to make assumptions in regard to the trip you will have made, for example they will be able to assume that you have no problems with the Standing and Sitting descriptor due to the plane trip, there may also be issues in regard the Mobility descriptor, if you have mental health issues there would be questions raised in regard to the Going Out, Coping with Social Situations and the Behaving Appropriately descriptors.

It would be worth you contacting one of the ex-pats groups in Spain, as they may have direct experience of the assessment process, we do have a fair number of members who are living abroad, but they visit the forum infrequently, so may miss your posts, but I am sure they will be able to offer additional assistance where they can.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 8 months ago by Gordon.
The following user(s) said Thank You: ladycava

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.