IB to ESA Migration advice

Hello all this is my first post I'm sorry it is a long one.

My husband has claimed IB since 1998 for severe mental health problems. His problems were so severe that the DWP accepted that he was exempt from the IB50/PCA(?) throughout this time. They did send IB50s in 2003 & 2008, but when telephoned they told me that this was an error and on their system my husband was classed as exempt.

My husband was sent a migration ESA50 last month (due in this week) and I would to ask like to a few questions, I'd be very grateful for your replies.

1. My husband's mental and physical health has deteriorated massively since 2008, and we will be basing his claim on both mental health and physical factors. My husband's GP was very understanding and agreed to write a letter, and also agreed that my husband should absolutely be found to be in the "special circumstances" category for both the LCW & the LCWRA in his opinion, which we very relieved to hear.

Our GP seemed to be very knowledgeable about the process especially the regulations regarding "special circumstances". We've received the letter back today (with the deadline looming...) and to be honest it just seems a bit rushed and rather non-committal in its wording. Everything seems to be there to support my husband's claim but not in very much detail - he writes about his severe mental health issues, agoraphobia and anxiety, and even about the severity of his physical health and mobility. He also states that he doesn't believe my husband would survive without support from me, and that he believes in his opinion that my husband could not "work or be treated as fit for work for the foreseeable future". The GP has been very supportive, and he specifically brought up the issue of the "special circumstances" category, but the letter doesn't actually say this.

As I say the information seems to be there if you choose to read in to it/accept what's meant but I am very worried that ATOS will not interpret it this way.

The horror stories out there about ATOS has left me wondering if the lack of precise wording will have a negative effect on my husband's claim?

2. Should we ask our GP for a specifically worded letter agreeing that he thinks my husband should be in the "special circumstances" category, and post it at a later date?

3. Next questions sounds a bit daft, please forgive me! I will be filling in the ESA50 form on my husband's behalf because of his problems - do I write the form from my perspective i.e he has problems walking etc, or do I still have to fill the form in from his perspective i.e I have problems etc?

4. The form needs to be returned to the Birmingham office. We have around 100 pages of notes, letters and other information to with the form. Is it possible for me to hand deliver the form and get a receipt?

Sorry again for the long post,

Many thanks.

Em32

Em32 wrote: Hello all this is my first post I'm sorry it is a long one.

My husband has claimed IB since 1998 for severe mental health problems. His problems were so severe that the DWP accepted that he was exempt from the IB50/PCA(?) throughout this time. They did send IB50s in 2003 & 2008, but when telephoned they told me that this was an error and on their system my husband was classed as exempt.

My husband was sent a migration ESA50 last month (due in this week) and I would to ask like to a few questions, I'd be very grateful for your replies.

1. My husband's mental and physical health has deteriorated massively since 2008, and we will be basing his claim on both mental health and physical factors. My husband's GP was very understanding and agreed to write a letter, and also agreed that my husband should absolutely be found to be in the "special circumstances" category for both the LCW & the LCWRA in his opinion, which we very relieved to hear.

Our GP seemed to be very knowledgeable about the process especially the regulations regarding "special circumstances". We've received the letter back today (with the deadline looming...) and to be honest it just seems a bit rushed and rather non-committal in its wording. Everything seems to be there to support my husband's claim but not in very much detail - he writes about his severe mental health issues, agoraphobia and anxiety, and even about the severity of his physical health and mobility. He also states that he doesn't believe my husband would survive without support from me, and that he believes in his opinion that my husband could not "work or be treated as fit for work for the foreseeable future". The GP has been very supportive, and he specifically brought up the issue of the "special circumstances" category, but the letter doesn't actually say this.

As I say the information seems to be there if you choose to read in to it/accept what's meant but I am very worried that ATOS will not interpret it this way.

The horror stories out there about ATOS has left me wondering if the lack of precise wording will have a negative effect on my husband's claim?

2. Should we ask our GP for a specifically worded letter agreeing that he thinks my husband should be in the "special circumstances" category, and post it at a later date?

3. Next questions sounds a bit daft, please forgive me! I will be filling in the ESA50 form on my husband's behalf because of his problems - do I write the form from my perspective i.e he has problems walking etc, or do I still have to fill the form in from his perspective i.e I have problems etc?

4. The form needs to be returned to the Birmingham office. We have around 100 pages of notes, letters and other information to with the form. Is it possible for me to hand deliver the form and get a receipt?

Sorry again for the long post,

Many thanks.

Em32

Hi E32,

Welcome to Benefits and Work

The information in the post below, and the links therein may help further :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=98568#107015

If, when you speak of "special circumstances" you mean the "Exceptional Circumstances Rules" ESA Regs 29 & 35, and any "Substantial Risk" that may be suffered if your husband was found not to have LCW and/or LCWRA, it is ESA Reg 29. (2) (b), and ESA 35 (2) (b) :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

Therefore it would help, if the G.P. could particularly make reference to any "Substantial Risk" involved, and you would have to provide evidence how and why there would be ""Substantial Risk".

We recommend that you try not to rely on ESA Regs 29 & 35 alone, if at all possible.

Many G.P.'s state that a patient is "Unfit for Work" however it would help further in accessing The SG and being assessed as LCWRA if they further mentioned being "Unfit for Work Related Activity".

You can fill the form in, in 1st person or 3rd person tense, as long as you make it clear which has been the case giving reasons.

You could send any amended evidence on to ATOS after the ESA50 has been returned, with a covering letter, as soon as you have it. You could also send copy FAO The DWP ESA DM at the address of the benefits office dealing with the ESA

You could hand deliver the form, however if this was the case, I would strongly recommend that you should obtain a receipt.

Even if you do this and The ESA50 went "Missing" this receipt may not be as substantial in evidence of delivery, as using Royal Mail.

That would be your choice to make .

Sending Documents to the DWP or ATOS

Many thanks for your reply Bro.

I will try to get a further letter from the GP linking it to the SG.

One further question if I may...

I seen that the general advice is that you do not have to tick the question boxes if you feel it limits your answer, and that information should be provided instead.

Is there anyway Atos/DWP can disregard any section you have not ticked, ignoring any information you provide?

Thanks.

Em32 wrote: Many thanks for your reply Bro.

I will try to get a further letter from the GP linking it to the SG.

One further question if I may...

I seen that the general advice is that you do not have to tick the question boxes if you feel it limits your answer, and that information should be provided instead.

Is there anyway Atos/DWP can disregard any section you have not ticked, ignoring any information you provide?

Thanks.

Hi E32,

They are supposed to read all information contained within or added to The ESA50, whether you tick a box or not.

bro58