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MadeSupp Grp On B/date Decis - New ESA5O Received
- persona1973
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10 years 4 months ago #127502 by persona1973
MadeSupp Grp On B/date Decis - New ESA5O Received was created by persona1973
All
Hope you are well and thanks for all previous advice on the forums. Please note questions are in italics to make this easier.
Am sorry to get this in just before the deadline but due to a rather strange set of circumstances I seem to have been sent a limited capacity for work questionnaire – ESA 50 from April this year as above.
To explain, I appealed a decision regarding the aware of ESA when my contribution based esa changed to income based ESA in May of this year 2014. I was awarded the backdated payment and in addition I was retrospectively applied to the Support group from May 2013 and have been placed in it from this period.
I have asked for a full statement of the reasons but on the phone they said it was I had been wrongly placed in the work programme in the first place and this on referral had been overturned by committee.
I have been doing permitted work of some 10 hours a week currently earning £60 per week and this is known to DWP and is running until the end of March.
I have been having trouble with the work provider programme who were putting pressure on my because of my permitted but this has now ceased. As I have been placed in the support group I am going to send them a letter ending my association with the work programme (who call once a month) and removing their rights to my data.
All of this sounds great. However this decision was taken on the 8th December and on the 10th December I was issued with a letter from ATOS wrongly claiming that I was due to be transferred from IB to ESA when this had already happened and had to fill in a new, what appears smaller ESA 50.
I phoned DWP who claimed that because I had been referred to the support group, my reassessment date had moved forward from early 2016 to early 2015 and despite the letter outlining what it was for being wrong, I should fill it in and return.
They just said it was coincidence and it was nothing to worry about? Is this true or am I being paranoid? Surely they cant take a decision that I have been previously wrongly not assigned to the support group and then reverse it a month or so later?
I have to return the Limited Capacity for Work for 5th Jan 2015. I have been suffering terrible flu the last few weeks – is it possible to get a delay on the return of the form?
I have a hospital operation which is coming up in the new year as well which will require 3-6 months recoup as other ongoing issues – however should i quit the permitted work prior to the medical although I have been told that the permitted work isn’t taken into account?
Also if I am in the support group, and remain so following on from any medical assessment (whether by interview or just from the form), is it possible that my permitted work can continue beyond 12 months?
Also should I be really worried here or is it more of a formality (I hope), given the circumstances outlined above?
I mean that they surely cant find that i should have been allocated to the support group previously and this was a misinterpretation and then decide immediately to reassign me, can they?
Does anyone have any experience of similar circumstances – it is kind of strange.
Apologies to only get this in so close to the deadline.
Hope you are well and thanks for all previous advice on the forums. Please note questions are in italics to make this easier.
Am sorry to get this in just before the deadline but due to a rather strange set of circumstances I seem to have been sent a limited capacity for work questionnaire – ESA 50 from April this year as above.
To explain, I appealed a decision regarding the aware of ESA when my contribution based esa changed to income based ESA in May of this year 2014. I was awarded the backdated payment and in addition I was retrospectively applied to the Support group from May 2013 and have been placed in it from this period.
I have asked for a full statement of the reasons but on the phone they said it was I had been wrongly placed in the work programme in the first place and this on referral had been overturned by committee.
I have been doing permitted work of some 10 hours a week currently earning £60 per week and this is known to DWP and is running until the end of March.
I have been having trouble with the work provider programme who were putting pressure on my because of my permitted but this has now ceased. As I have been placed in the support group I am going to send them a letter ending my association with the work programme (who call once a month) and removing their rights to my data.
All of this sounds great. However this decision was taken on the 8th December and on the 10th December I was issued with a letter from ATOS wrongly claiming that I was due to be transferred from IB to ESA when this had already happened and had to fill in a new, what appears smaller ESA 50.
I phoned DWP who claimed that because I had been referred to the support group, my reassessment date had moved forward from early 2016 to early 2015 and despite the letter outlining what it was for being wrong, I should fill it in and return.
They just said it was coincidence and it was nothing to worry about? Is this true or am I being paranoid? Surely they cant take a decision that I have been previously wrongly not assigned to the support group and then reverse it a month or so later?
I have to return the Limited Capacity for Work for 5th Jan 2015. I have been suffering terrible flu the last few weeks – is it possible to get a delay on the return of the form?
I have a hospital operation which is coming up in the new year as well which will require 3-6 months recoup as other ongoing issues – however should i quit the permitted work prior to the medical although I have been told that the permitted work isn’t taken into account?
Also if I am in the support group, and remain so following on from any medical assessment (whether by interview or just from the form), is it possible that my permitted work can continue beyond 12 months?
Also should I be really worried here or is it more of a formality (I hope), given the circumstances outlined above?
I mean that they surely cant find that i should have been allocated to the support group previously and this was a misinterpretation and then decide immediately to reassign me, can they?
Does anyone have any experience of similar circumstances – it is kind of strange.
Apologies to only get this in so close to the deadline.
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10 years 4 months ago #127506 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MadeSupp Grp On B/date Decis - New ESA5O Received
persona
I am afraid that the DWP can re-assess your ESA claim at any time after 3 months have elapsed since the previous Decision, from you post the previous Decision was made in May 2013.
You therefore need to complete and return this new ESA50 in detail if you are to remain in the Support Group as this is a complete review of your claim.
You can ask the DWP to extend the period available for you to return the ESA50, but you need to be aware that there is no legal framework to do this, so unless the DWP confirm any extension in writing, the staff in the ESA Call Centre have no authority to make such a decision, then you should make all efforts to return the form as previously advised.
While you remain in the Support Group, you can perform Permitted Work as long as you want, but the fact that you are doing PW will be included in the review of your claim, so you need to ensure that the work that you are doing does not conflict with any limitations that your have/will state(d) on your ESA50.
Gordon
I am afraid that the DWP can re-assess your ESA claim at any time after 3 months have elapsed since the previous Decision, from you post the previous Decision was made in May 2013.
You therefore need to complete and return this new ESA50 in detail if you are to remain in the Support Group as this is a complete review of your claim.
You can ask the DWP to extend the period available for you to return the ESA50, but you need to be aware that there is no legal framework to do this, so unless the DWP confirm any extension in writing, the staff in the ESA Call Centre have no authority to make such a decision, then you should make all efforts to return the form as previously advised.
While you remain in the Support Group, you can perform Permitted Work as long as you want, but the fact that you are doing PW will be included in the review of your claim, so you need to ensure that the work that you are doing does not conflict with any limitations that your have/will state(d) on your ESA50.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 4 months ago #127512 by persona1973
Replied by persona1973 on topic MadeSupp Grp On B/date Decis - New ESA5O Received
thanks for that - it is most helpful - should i include any details about my permitted work - currently 10 hours a week freelance copywriting from home earning 60 per week within the esa 50 - or ignore it
the work is manageable with my physical and mental conditions but isnt secure and has recently been cut hours wise due to the loss of a client.
is there a advantage to ending the permitted work or even as above letting DWP know that the work isnt entirely secure, and has been lessened, for any appraisal
and judging by that provided I remain in the support group which i now I am, permitted work can continue past the 12 months?
and finally, I called DWP and they confirmed that it was because my date to come again had changed because of the backdate but seemed to infer it was unlikely having just been placed in the support group this would be overturned so quickly.
the work is manageable with my physical and mental conditions but isnt secure and has recently been cut hours wise due to the loss of a client.
is there a advantage to ending the permitted work or even as above letting DWP know that the work isnt entirely secure, and has been lessened, for any appraisal
and judging by that provided I remain in the support group which i now I am, permitted work can continue past the 12 months?
and finally, I called DWP and they confirmed that it was because my date to come again had changed because of the backdate but seemed to infer it was unlikely having just been placed in the support group this would be overturned so quickly.
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10 years 4 months ago #127515 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MadeSupp Grp On B/date Decis - New ESA5O Received
Persona
It is up to you whether you include details of your PW, if you limitations are not at odds with the work you do then there should be no issue with you not mentioning it, if they do then it would be to your advantage to explain how you manage what you do.
There is no limitation on the time you can carry out PW while you are in the SG.
This is a full re-assessment of your claim, you need to show that you can continue to meet the criteria for the SG, each re-assessment is made on is own merit.
Gordon
It is up to you whether you include details of your PW, if you limitations are not at odds with the work you do then there should be no issue with you not mentioning it, if they do then it would be to your advantage to explain how you manage what you do.
There is no limitation on the time you can carry out PW while you are in the SG.
This is a full re-assessment of your claim, you need to show that you can continue to meet the criteria for the SG, each re-assessment is made on is own merit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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10 years 3 months ago #128402 by persona1973
Replied by persona1973 on topic MadeSupp Grp On B/date Decis - New ESA5O Received
Thanks for help. Thought this might be useful, as the original return of the form fell over Xmas and I became ill with the flu that has been going around I managed to get a delay on the form.
Firstly I phoned Atos on the 30th Dec and the guy was very helpful. he said that they give up to two weeks as a general rule and not to worry. I also informed DWP of this who made a note on the file and equally were amenable given the circumstances (needed to get medical evidence, illness, over xmas and ny)/
My recommendation would be to ring both up if you're gonna be late and get it nailed on / down in advance.
Interestingly someone else i know phoned Atos and they were most unhelpful so it proves its just a case of who you get.
Firstly I phoned Atos on the 30th Dec and the guy was very helpful. he said that they give up to two weeks as a general rule and not to worry. I also informed DWP of this who made a note on the file and equally were amenable given the circumstances (needed to get medical evidence, illness, over xmas and ny)/
My recommendation would be to ring both up if you're gonna be late and get it nailed on / down in advance.
Interestingly someone else i know phoned Atos and they were most unhelpful so it proves its just a case of who you get.
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10 years 3 months ago #128404 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic MadeSupp Grp On B/date Decis - New ESA5O Received
Persona
There is no legal framework to extend the time allowed to return the ESA50 any such Decision is an operational one.
ATOS may choose to accept a late return, historically they have not done this and normally immediately return the claimants file to the DWP as a failure to participate.
Neither the ATOS or DWP staff in their call centres have any authority to extend the period, they can only forward the request to a manager for them to make a decision.
Our experience is that if it is not in writing it does not exist, we have seen far to many members told on the phone that the can return the form late, only to have their claims closed for doing so.
Gordon
There is no legal framework to extend the time allowed to return the ESA50 any such Decision is an operational one.
ATOS may choose to accept a late return, historically they have not done this and normally immediately return the claimants file to the DWP as a failure to participate.
Neither the ATOS or DWP staff in their call centres have any authority to extend the period, they can only forward the request to a manager for them to make a decision.
Our experience is that if it is not in writing it does not exist, we have seen far to many members told on the phone that the can return the form late, only to have their claims closed for doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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