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Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
- JM1970
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3 weeks 1 day ago #308168 by JM1970
Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes was created by JM1970
I am severely disabled and this error is causing me a lot of distress. I am migrating from the ESA Support Group to UC. I should be placed in the Limited Capability For Work Related Activities (LCWRA) of UC.
Doing the online migration I was initially told I did NOT need to provide Fit Notes. I accepted the Claimant Commitment - I thought I only needed to do this once having read the guide. I was then asked to accept the Claimant Commitment AGAIN. I thought this was a technical error so I accepted it.
This is what I actually accepted the second time. I have been told I need to provide a Fit Note within 7 days because I have not had a Work Capability Assessment (WCA) . It says I need to keep providing Fit Notes or have a WCA - otherwise I will be deemed fit for work and my benefits stopped!
This is why I think there's been an error. I applied for ESA in 2013. I submitted the form (ESA50?) together with STRONG supporting medical evidence. I did NOT have to physically attend a WCA. The DWP did my WCA based on the form and medical evidence alone. I was then put in the Support Group of ESA. Because I did not physically attend a WCA and the WCA was done on the paperwork this is why this error has occured.
I do NOT need to provide Fit Notes. The problem is I have accepted the Claimant Commitment to do so. What do I need to do so the DWP do not ask for Fit Notes or a WCA and put me in the correct LCWRA Group for UC? Thanks!
Doing the online migration I was initially told I did NOT need to provide Fit Notes. I accepted the Claimant Commitment - I thought I only needed to do this once having read the guide. I was then asked to accept the Claimant Commitment AGAIN. I thought this was a technical error so I accepted it.
This is what I actually accepted the second time. I have been told I need to provide a Fit Note within 7 days because I have not had a Work Capability Assessment (WCA) . It says I need to keep providing Fit Notes or have a WCA - otherwise I will be deemed fit for work and my benefits stopped!
This is why I think there's been an error. I applied for ESA in 2013. I submitted the form (ESA50?) together with STRONG supporting medical evidence. I did NOT have to physically attend a WCA. The DWP did my WCA based on the form and medical evidence alone. I was then put in the Support Group of ESA. Because I did not physically attend a WCA and the WCA was done on the paperwork this is why this error has occured.
I do NOT need to provide Fit Notes. The problem is I have accepted the Claimant Commitment to do so. What do I need to do so the DWP do not ask for Fit Notes or a WCA and put me in the correct LCWRA Group for UC? Thanks!
- BIS
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3 weeks 1 day ago #308169 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
Hi JM1970
You are not alone in this happening. Just put a message into your journal and say that you were in the ESA support group and therefore you should be migrating to LCWRA and therefore you do not need to provide fit notes. If you have any letter confirming you were in the support group - quote from that letter with the date. (If you don't - ask them to check their records) and repeat that you have been in the support group since 2013.
I know it's easy to say, but try not to let it get you down. I'm sure it will be sorted.
BIS
You are not alone in this happening. Just put a message into your journal and say that you were in the ESA support group and therefore you should be migrating to LCWRA and therefore you do not need to provide fit notes. If you have any letter confirming you were in the support group - quote from that letter with the date. (If you don't - ask them to check their records) and repeat that you have been in the support group since 2013.
I know it's easy to say, but try not to let it get you down. I'm sure it will be sorted.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JM1970, Dellilah
- JM1970
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2 weeks 6 days ago #308205 by JM1970
Replied by JM1970 on topic Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
Thanks for your response. I did not get an email notification to say my post had been approved or that someone had kindly responded. When I was a member back in 2017 I used to get email notifications if someone replied to my post. Do you know how I enable email notifications? Thanks!
- BIS
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2 weeks 6 days ago #308213 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
Hi JM1970
As far as I am aware, the system doesn't support email notifications now - you just have to check back. (At least I haven't had any - but I will ask!)
BIS
As far as I am aware, the system doesn't support email notifications now - you just have to check back. (At least I haven't had any - but I will ask!)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JM1970
- JM1970
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2 weeks 4 days ago #308263 by JM1970
Replied by JM1970 on topic Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
You are right I didn't get a notification for your reply. On topic - I am migrating from Income Related ESA. However, I am being told I will receive Contributions Based New Style ESA. How is this possible? Every uprating letter said I'm on Income Related ESA. My Housing Benefit award letters always said I received the amount of Housing Benefit I did "because you are on Income Related ESA". How can I be being migrated to Contributions Based New Style ESA?
- latetrain
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2 weeks 4 days ago #308265 by latetrain
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Replied by latetrain on topic Support Group ESA to UC Migration - Incorrectly Asked To Provide Fit Notes
Hi JM1970
I'm afraid this is coming up for a lot of people at the point of migration, either because their previous ESA included some contribution-based ESA and they weren't aware or because contribution-based ESA entitlement is somehow discovered during the migration process.
Don't worry too much about the claimant commitment meeting. If you are in the support group then your claimant commitment should simply involve agreeing to report changes in your circumstances, the same as it did for your UC. You can ask for reasonable adjustments to be made, such as the interview to be over the phone (see page 26 here www.benefitsandwork.co.uk/?dlp=688287e638103).
The letters are fairly generic - you should not be asked to provide a fit note, look for work or prepare for work because you are in the support group.
The other thing you need to know is that NS-ESA will be paid separately from UC. NS-ESA is paid fortnightly then the monthly equivalent of it is deducted from your monthly UC payments.
Citizens Advice Help to Claim would be able to calculate exactly what you can expect in your individual circumstances - see page 46 of the managed migration guide above.
Gary
I'm afraid this is coming up for a lot of people at the point of migration, either because their previous ESA included some contribution-based ESA and they weren't aware or because contribution-based ESA entitlement is somehow discovered during the migration process.
Don't worry too much about the claimant commitment meeting. If you are in the support group then your claimant commitment should simply involve agreeing to report changes in your circumstances, the same as it did for your UC. You can ask for reasonable adjustments to be made, such as the interview to be over the phone (see page 26 here www.benefitsandwork.co.uk/?dlp=688287e638103).
The letters are fairly generic - you should not be asked to provide a fit note, look for work or prepare for work because you are in the support group.
The other thing you need to know is that NS-ESA will be paid separately from UC. NS-ESA is paid fortnightly then the monthly equivalent of it is deducted from your monthly UC payments.
Citizens Advice Help to Claim would be able to calculate exactly what you can expect in your individual circumstances - see page 46 of the managed migration guide above.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JM1970
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