On ESA WRC: what happens next?

[semayden]

Sorry if this is a bit late, but as reallymadwoman says

 

 

 

 

 

It is only a recommendation, but it should still be taken into account because it is a recommendation from a Court !

 

 

Despite swinginapig having experienced and been advised thus...........

 

 

 

I have also been through a similar situation where I waited 2 years for the Tribunal, which found in my favour and recommended at least 2 years before next assessment.

About 2 or 3 weeks after I received an ESA50 form and letter requesting me to attend an ATOS assessment, I had used an Advocate throughout my ordeal and he had attended the Tribunal so I phoned him and told him about the letter.

He said that what ridiculous and that he would get onto it, the following day I received a phone call from DWP who apologised for upsetting me by sending the letter and that it had only been sent to see if I should be applying for any other benefits (yeah.....right !) and that if I did not wish to go through with this assessment just attach a note to the forms stating her name and the phone call and state that I did not wish to attend this assessment, which I did and I have not had a problem since.

Maybe it was the fact that I had an Advocate doing my questioning of "what the hell was going on" that made the difference to the outcome.

 

Thanks for coming in anyway.

 

Well, I had an advocate (lawyer, free because on benefits) for the tribunal before the last one - and she did very little in the courtroom, and I failed my appeal. Last year I went alone (never thinking I'd get through) and won my appeal!! I really do think it has a lot to do with whether the tribunal panel like you or not. Anyway, I have filled out Atos form and will enclose the last (favorable) Tribunal result, along with a letter from my doctor to state that things have got worse over the last year - and we shall see what happens from there. I'm just trying to keep a calm, open mind and look at the worst possible case scenario as well as the best. What will be will be. Good to hear from you!

[semayden]

The latest WCA review has recommended that DWP do follow tribunal's recommendations for the timing of a review and leave at least 6 months between tribunal and reassessment.

 

Thanks RMW. I'll update what happens over the next month or so, if I may. Wouldn't it be heavenly if Atos (or is it the DWP directly) decided not to call me, because of the last gtribunal decision, and the dtrength of my G/P's letter? Well, I can dream...

[reallymadwoman]

Thanks RMW. I'll update what happens over the next month or so, if I may. Wouldn't it be heavenly if Atos (or is it the DWP directly) decided not to call me, because of the last gtribunal decision, and the dtrength of my G/P's letter? Well, I can dream...

 

Wonderful indeed, fingers crossed for you. It does seem that they are so overwhelmed in some areas that they're looking for reasons not to call people in, so let's hope your in one of those areas.

[rds60h]

The latest WCA review has recommended that DWP do follow tribunal's recommendations for the timing of a review and leave at least 6 months between tribunal and reassessment.

 

 

Thank you reallymadwoman, I have just come back to this thread with the intention of quoting a part of the latest WCA which would collaborate your earlier statement.

So my experience just seems to show that no-one really knows what they are doing and how you are treated is more down to who deals with your claim than the actual circumstances

[semayden]

Thank you reallymadwoman, I have just come back to this thread with the intention of quoting a part of the latest WCA which would collaborate your earlier statement.

So my experience just seems to show that no-one really knows what they are doing and how you are treated is more down to who deals with your claim than the actual circumstances

 

Lol, I have to comment on this, because although they aren't DWP people, my first Tribunal was dreadful inasmuch as I found the judge and doctor officiating to be very unreachable and, well, cold, and unapproachable.

 

Second Tribunal? Got on like a house on fire with judge and doctor (once I'd calmed my nerves), and they (particularly the judge) were very kind and compassionate and also asked questions about my life and background (regarding previous work and marriages) as well as health, which were unnecessary perhaps - but possibly gave them a fuller picture of the person they were dealing with.

 

Same down at my local Job Centre over the last few years. Some people are so, so kind - and seem happy to go beyond the call of duty, certainly with regard to treating you with kindness and respect.

 

Sorry to waffle, but yes, just thinking about how it depends on who deals with you and your claim etc.

[stalagtite]

Hi I have been on ESA for just under a year now, I received a letter stating that my benefit will cease on 21st Feb, then I received a medical questionnaire which I completed and today I have received another letter from DWP stating

my benefit will cease on the 21st Feb (again)

My question is do I not have to attend another medical? and if not is there an appeal process to have my benefit extended?

[reallymadwoman]

If you are receiving contribution based ESA in the WRAG group, it stops after a year. If you qualify for income based, you need to complete (I think) and ESA3 to claim it and your payments will then continue.

 

If you don't qualify for income based and aren't in the support group then your claim would continue for NI credits only, for which you still have to do the assessment thing. I expect you will hear about renewing your claim in due course.

[semayden]

Hi, it's me again I'm afraid (started this thread). I'm still on ESA WRC.

 

I last posted here on 16th Dec. - and went on to submit a new Atos medical form, along with last Tribunal decision (appeal upheld), a supportive doctors letter - oh and my daughter wrote in my Atos form in my support about her concerns over my pain levels, medication and safety when out in the town etc.

 

That was sent on Dec. 29th (I rang them first to say I was worried that it might not reach them by 1st Jan. 2014, and they just told me to add a note to say when I was posting it, which I did).

 

Sorry, all this, just to say that I have heard nothing from them at all yet, and I am unnerved to say the least. Should I be contacting Atos to see what is happening? I will be 61 in May, if anyone thinks that has any bearing on the matter!

[**Margaret**]

:semayden:

 

http://disabilitynewsservice.com/2014/02/doctor-recruitment-crisis-leaves-atos-begging-for-help/

 

Says it all!! Lots of claimants are waiting up to six months, a year isn't unusual.

 

If your employment n support is still landing in your bank every two weeks Jobcentreplus haven't terminated for 'failure to return', so you can sit back and wait.

 

Unlikely that your age is significant. Current state pension age for women is 62.

Best wishes, Margaret.

[semayden]

:semayden:

 

http://disabilitynewsservice.com/2014/02/doctor-recruitment-crisis-leaves-atos-begging-for-help/

 

Says it all!! Lots of claimants are waiting up to six months, a year isn't unusual.

 

If your employment n support is still landing in your bank every two weeks Jobcentreplus haven't terminated for 'failure to return', so you can sit back and wait.

 

Unlikely that your age is significant. Current state pension age for women is 62.

 

Best wishes, Margaret.

 

My goodness, Atos are going down the tubes!! Am I right in thinking that I would NOT be put back to 'basic rate ESA, unless a) failure to return form or, b) I had been seen and failed at my Atos medical?

[**Margaret**]

:seamayden:

 

'Failure to return' an ESA50 questionnaire without good cause can result in termination of employment n support/incapacity benefit. It's an appealable decision, after mandatory reconsideration, and if the appeal's upheld payment is reinstated at the same rate as before disallowance.

 

'Failure' of an Atos 'medical' is also an appealable decision, after mandatory reconsideration. Once an appeal's been acknowledged by the Tribunals Service, an appellant can apply for assessment rate employment n support. (Subject to Med 3 (unfit) notes and the three hundred and sixty five day limit for a contributions flavoured award.)

 

Margaret.

[semayden]

:seamayden:

 

'Failure to return' an ESA50 questionnaire without good cause can result in termination of employment n support/incapacity benefit. It's an appealable decision, after mandatory reconsideration, and if the appeal's upheld payment is reinstated at the same rate as before disallowance.

 

'Failure' of an Atos 'medical' is also an appealable decision, after mandatory reconsideration. Once an appeal's been acknowledged by the Tribunals Service, an appellant can apply for assessment rate employment n support. (Subject to Med 3 (unfit) notes and the three hundred and sixty five day limit for a contributions flavoured award.)

 

Margaret.

 

So if I fail my Atos medical next time, I immediately lose benefit?

[**Margaret**]

:semayden:

 

Should you 'fail' your next work capability assessment your employment n support allowance will terminate from the date of the Jobcentreplus decision that you're fit for work.

 

Sure we've been here before. Praps you can reread your thread, particularly the link in #18. And here's Ms McVey's two pennoth;

 

http://www.theyworkforyou.com/wrans/?id=2013-12-16a.179968.h

Should you find yourself having to claim jobseekers for a few weeks, there's anecdotal evidence that advisers are 'parking' claimants awaiting the outcome of reconsiderations for employment n support.

Margaret.

[semayden]

Thanks Margaret.

[semayden]

Hallo to ReallyMadWoman, Margaret and other folk who have helped me in the past. I started this thread (just in case you forgot me!), and I'm here today to update you that this morning I had a letter through from DWP saying that I had been moved from WRCG to the Support Group, and would be getting an increase to my benefits, dated from last week. To say that Ii am shocked is an understatement - and I am relieved and pleased to say the least. However, I don't yet understand the implications of this one. Does being in the Support Group mean that I will be summoned to another Atos medical within the next year and have to go round the wheel again - or am I to be left alone completely, or what? Please help me again, as I am in a fibro fog daze! Thank you for reading this.

[Belfaster]

Hallo to ReallyMadWoman, Margaret and other folk who have helped me in the past. I started this thread (just in case you forgot me!), and I'm here today to update you that this morning I had a letter through from DWP saying that I had been moved from WRCG to the Support Group, and would be getting an increase to my benefits, dated from last week. To say that Ii am shocked is an understatement - and I am relieved and pleased to say the least. However, I don't yet understand the implications of this one. Does being in the Support Group mean that I will be summoned to another Atos medical within the next year and have to go round the wheel again - or am I to be left alone completely, or what? Please help me again, as I am in a fibro fog daze! Thank you for reading this.

 

Well done on being put in the Support Group. In theory you should not be reassessed for another three years, this however is not set in stone, as the DWP can reassess claimants at anytime. The system is overloaded at the moment and a huge backlog is occurring in many parts of the country, so hopefully you will not be called in again for a good while yet!

[**Margaret**]

:Hello semayden:

 

 

And congrats on landing your entitlement to employment n support allowance with the support component. Means you've been found to have limited capability for work related activity so the Jobcentre should leave you alone for the forseeable future. No work focused interviews, work related activity, or work programme.

 

However, it's likely that your limited capability for work related activity will be reassessed within the next two to three years, by the Government's replacement contractor for Atos. Impossible to predict when, and currently even less predictable than usual due to the parting of the ways between Government and Atos over contractual disputes. The ESA85A report of your recent paper based Atos assessment will include a recommended interval for reassessment but as already mentioned Jobcentreplus can ignore recommendations. Copy of the ESA85A report is available on request from your benefit delivery centre. Address and phone number on the award letter you've just received from them.

 

From what you've already written your previous award was income related? Does your new award include £15 ish per week enhanced disability premium? Should be 'passported' by an income related award which includes the support component.

 

Best wishes, Margaret.

 

 

 

 

[semayden]

Hallo and thanks Belfaster and Margaret!

 

Margaret, well one of the things written (2nd from top) is 'extra money because of the Disability Income Guarantee' at £15.55. Then there's extra money because I'm in the Support Group, at £35.75.

 

Yes, I'll ring the number at the top of the letter on Monday and ask for a copy of the ESA85A report to be sent to me, and we'll see what it has to say!!

 

Eek, just seen that the top of the page say my ESA is based on my NIC records and any amount the law says I need to live on. But I was on Income related ESA (as you rightly remember), so have they put me on contribution based Support ESA by mistake - or am I just misunderstanding something here??

 

Oh, wait, the final amount of £120.02 is described as income-related - so I guess that answers the question!

[**Margaret**]

:semayden:

 

Quote from another contributor to CAG;

 

'The letters are computer generated, and whoever wrote the software that produces them was apparently drunk or illiterate.' And it's far too much like hard work to update them for the enhanced disability premium.

 

Your benefit seems sorted for now, best wishes, Margaret.

[semayden]

Hi Margaret and all. I said I'd report back on my ESA85A which arrived in the post the other day. It says I'm in Support Group for 12 months, or rather it says I should be reviewed within 12 months. I wonder if they are likely to leave me alone until I am nudging the 12 month part? Hope so!