ESA Decision :( Any Advice please.

[cleaver]

Hi estellyn.

 

It has been done purley on paper. No face to face at all. This is what is annoying me. We sent in lots of current paper evidence, But most of it seems to have been ignored.

 

regards.

 

Welcome to the world of ATOS & the DWP!!

 

They and the DWP appear not to consider relevant anything that you send in - same boat as you!

[Nystagmite]

Welcome to the world of ATOS & the DWP!!

 

They and the DWP appear not to consider relevant anything that you send in - same boat as you!

 

Strangely enough (or not) I sent in a lot of evidence, had no face to face and got into the support group.

[cleaver]

Strangely enough (or not) I sent in a lot of evidence, had no face to face and got into the support group.

 

2 to 1 against at the moment then? Oh no, sorry 3 to 1 against, I forgot to include Honeybee.

 

It does seem strange that some do and some don't!

Edited February 21, 2013 by ims21

[Nystagmite]

2 to 1 against at the moment then?

 

eh?

[honeybee13]

2 to 1 against at the moment then? Oh no, sorry 3 to 1 against, I forgot to include Honeybee.

 

It does seem strange that some do and some don't!

 

I see you edited your post after Nystagmite replied. I'm not sure I'm trying to say what you are, to be fair. I don't think I mentioned my evidence, I was trying to encourage Buster that even if the DWP uphold their decision, the tribunal can find in your favour.

 

It would be nice if this thread could concentrate on trying to help Buster instead of spiralling off into another rant about the DWP and Atos. We've all had our own experiences and you could always start your own thread, cleaver.

 

HB

Edited February 21, 2013 by ims21

[cleaver]

eh?

 

I seem to have confused HB - my fault, sorry

 

It seems that very few on here have had your good luck. The majority seem to have had their evidence overlooked.

[cleaver]

Thank you estellyn, we also had a visit from my wife GP this afternoon. I showed him the esa 85a and the DM's interpretation of it. He said he was sick and tired with the whole DWP/ATOS process. "what's the point in the DWP sending me and other GP's forms to fill in, if they don't take any notice of them". He said don't worry I will help you both. Put his arm around my wife and said I will have a detailed letter ready for you to send in with the GL24 early next week.

 

But I don't hold out much hope with any DM overturning the original decision. One of Thatchers phrases keeps coming back to haunt me. "This ladies NOT for turning."

 

We will see.

 

I echo what Honeybee has said. Don't worry about the DWP in their ability to do the right thing. Just think of the builders of the Titanic as being the DWP - it will never sink - but it does and in the case of the DWP, under a mountain of overturned appeals.

 

The tribunal will see you right - they are the only ones that really know what they are about.

[honeybee13]

Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

[cleaver]

In which case, they have provided nothing to support their viewpoint above the ESA50 or the doctor's report. Sounds like an easy appeal if you can get her doctor to confirm a distance for mobilising (and say why she can't wheel herself in a wheelchair, and confirm the frequency and severity of incontinence, and the necessity for help when transferring.

 

Just jumping in, I too will try this tactic and see what happens. My own case is so similar to that of Busters - mountain of evidence submitted - DWP say that they used the ESA50 and the F2F assessment to make the decision.

 

We will see what happens - it will be a very interesting exercise to see who is right - to allow the DWP to do a re-consideration or wait for the Tribunal.

[buster1967]

All I know is I have to do the best for my wife and my family. I used to have a little faith in the system but that has now gone. This is so so unfare. I will fight them on every angle I can think of or until they finish me off.

[joeblogs]

Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

 

Hi Buster, I absolutely agree with HB and estellyn does offer excellent advice. Of course the system is flawed, but please dont worry about your wife's DLA being taken away, if it happens then you can be advised what you should do. Try to focus on the current issue relating to your wife's ESA. All the best to you.

[worried33]

Estellyn if someone is in WRAG for 2 years, is the non mandation of the WP only for the first year or both years? as after a year they are then under a year fit to work as decided by a DM.

[worried33]

Hello again.

 

I would still echo what Estellyn says about sending in the additional evidence and not waiting until the tribunal stage, if only because it will show a papertrail. And in some cases, which I think we've seen here, the decision will be overturned.

 

HB

 

defenitly, I got a reconsideration. So it does happen. It seems more likely to happen if WRAG to SG rather than fit to work to any ESA group.

[estellyn]

Estellyn if someone is in WRAG for 2 years, is the non mandation of the WP only for the first year or both years? as after a year they are then under a year fit to work as decided by a DM.

 

Hmmm, good question. That'll go on my list of things I need to look into today.

[Minibits]

Hmmm, good question. That'll go on my list of things I need to look into today.

 

My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

[buster1967]

My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

 

Thank you all for your input upto now, some exellent advice. I have cooled down now and collecting myself ready for the fight. I have gathered that it is hit and miss on weather they reassess her DLA but as she is on high rate both indef, I think this maybe likley due to a money saving exercise. If this happens we will be in dire need of help.

I don't understand how they could use a false paper based assessment for ESA to reduce/take away a DLA award but you never know.

 

Minibits, Thank you for your post it as set my mind at rest with regards the WFI. Tell me what time span are we talking about between ESA WRAG letter and first WFI? My wifes prognosis is also two year so looks like they will not be asking/forcing her onto the work program. Aslo can we ask that the first WFI is done over the phone?

 

Thank you.

[Minibits]

Hi Buster,

I think her first app. was about a month after the letter.

In her case, they wanted her to come in the day after boxing day. I phoned to ask for it to be postponed till the following week which they agreed to.

 

When we arrived for the WFI, the advisor said that she had tried to ring us earlier that day (had the wrong number listed) in an effort to carry out the interview by phone. So it is certainly possible, and it would be well worth asking as soon as you get the app.

 

All in all, it was a big let down, as I was all fired up to discuss the finer points of the welfare reforms, and in particular, my understanding of this new disease called IDS (Irritable Dick Syndrome).

 

Anyway, best of luck. There are plenty of people here to help.

[Nystagmite]

Reassessing DLA due to ESA doesn't always happen. Not too sure how common it is either.

[worried33]

My wife went to her first WFI recently, where we found out that she had a prognosis of two years.

 

Her advisor never mentioned WP, and stated that she would need to see my wife four times during the two year period. So, due to her disabilities, she has agreed to do telephone interviews in future, every six months.

 

Remains to be seen if she stands by her word, but as far as I can see, I don't think my wife will be mandated to the WP before she is reassessed again.

HTH

 

I had telephone approved also but my prognosis was only 1 year, but because I was in CB based WRAG that maybe why for me.

[flumps1976]

timetable for referral to Work Program for ESA customers

Mandatory ESA participants

Participant

Entry/Access Point

*Opportunity/ Claimant Group

PG

Participation

ESA (IR) WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory

PG 6

Mandatory

ESA (IR) Ex-IB WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) Ex-IB WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory ExIB

PG 7

Mandatory

Existing ESA (IR) WRAG with 3 or 6 Month Prognosis.

Mandatory from 10/9/12

WP ESA (IR) WRAG 3/6Mth

PG 6

Mandatory

ESA (IR) WRAG with 12 Month Prognosis.

Mandatory from 12 Nov 2012

WP ESA (IR) WRAG 12Mth

PG 6

Mandatory

ESA © WRAG participants.

Optional from WCA outcome

WP ESA © WRAG Mandatory

PG 5

Mandatory

Chapter 2 Work Programme Provider Guidance

Updated 26 November 2012 5 V6

* This will be the opportunity name/ identifier participants will be referred under.

WCA - Work Capability Assessment.

Existing ESA Claimants - Where the date of a claimant’s initial WCA decision was prior to the end date for referrals to Pathways to Work.

 

from this link http://www.dwp.gov.uk/docs/wp-pg-chapter-2.pdf

Edited February 22, 2013 by flumps1976
forgot the link

[buster1967]

timetable for referral to Work Program for ESA customers

Mandatory ESA participants

Participant

Entry/Access Point

*Opportunity/ Claimant Group

PG

Participation

ESA (IR) WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory

PG 6

Mandatory

ESA (IR) Ex-IB WRAG with 3 Month Prognosis.

Required from WCA outcome

ESA (IR) Ex-IB WRAG with 6 Month Prognosis.

Required from WCA outcome

WP ESA (IR) WRAG 3/6 Mth Mandatory ExIB

PG 7

Mandatory

Existing ESA (IR) WRAG with 3 or 6 Month Prognosis.

Mandatory from 10/9/12

WP ESA (IR) WRAG 3/6Mth

PG 6

Mandatory

ESA (IR) WRAG with 12 Month Prognosis.

Mandatory from 12 Nov 2012

WP ESA (IR) WRAG 12Mth

PG 6

Mandatory

ESA © WRAG participants.

Optional from WCA outcome

WP ESA © WRAG Mandatory

PG 5

Mandatory

Chapter 2 Work Programme Provider Guidance

Updated 26 November 2012 5 V6

* This will be the opportunity name/ identifier participants will be referred under.

WCA - Work Capability Assessment.

Existing ESA Claimants - Where the date of a claimant’s initial WCA decision was prior to the end date for referrals to Pathways to Work.

 

from this link http://www.dwp.gov.uk/docs/wp-pg-chapter-2.pdf

 

That is hard to follow Flumps, It is still unclear to me though. I could not fine a section for 24mths prognosis. for ex I.B claiments. Mayne I am missing something.