- Posts: 371
ib to esa transfer
- macker
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- bro58
I wonder if anyelse has had this happen to them...after fillin in the esa50 form and attending an atos medical ( 26/3/12). In May I was contacted by phone by the decision maker who said I was borderline on 12 points...and asked me to clear a few points for him....I was asked why I had filled an online esa50 and if anyone had helped...then why I used my cycle to go everwhere...I replied I had arthritis in my hip and knee and it was far less painfull in the saddle, which took my weight and allowed me to go places I cudnt of otherwise reached..He then asked if anything had changed since the medical...which had the appt for my knee replacement had cum through for June 1st. He then said he wud phoneback in 5 mins which he did...he said he was putting me in the support group and my benefits wudnt change. I was pleased of course but now I'm puzzled ...my benefits didnt change on my bank statement still IB and IS fortnightly...I reached no letter from the decision maker and have recently been contacted by Jobcentreplus asking me to attend a 3 year review on my IB for a 'Work Focused interview'in two days time.I rang to query this and was told I was still on IB and he cudnt see any transfer on the system and anyway he cudnt access the ESA information on me..he seemed to doubt I had been for the medical etc and gave me another appt for next month. Any comments? Ps I am still recovering from the knee replacement surgery, next up my hip replacement lol. Any ideas as wot is goin on?
Hi M,
Yes, we are aware that DWP DM's may ring a claimant to discuss their qualification for ESA, before coming to a decision.
It sounds like there is a major "cock up" here.
You would remain in receipt of IB and IS until you received verification that you had completed the ESA WCA transfer process.
You should receive a letter informing you of this, giving you a cut off date for you IB/IS, and a start date for your ESA, if you qualify for it.
If you have the name of the DM that you spoke to, date and time, you could reference this conversation.
You need to gain some clarity as to your situation.
If you cannot gain any clarity, you may wish to contact your M.P., see :
Contacting your MP
You may also wish to take professional advice. :
Where to get advice?
bro58
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- macker
- Topic Author
On December 12th 2012 I received a letter from the JobcentrePlus saying, " Your benefit is changing to Employment and Support Allowance"
In the next paragraph it went on to say the effective date was 22nd May 2012, some 7 months previous. I was informed I had qualified for ESA WRAG and would be informed when and where to attend for work related activities.
I appealed as soon as I could understand what was meant by WRAG, but I submit that this delay in informing me of the decision was tantamount to saying I was in the support group from May till December and didn't have to attend work focused interviews but that no monetary allowance was due to me. Since last December and whilst appealing I have had to attend the Ingeus center for WRAG activities. Got my appeal next week any suggestions as to grounds for it ...
This situation doesn't seem to be unusual as in April 2013 I attended Atos for an medical assessment but still haven't been told the outcome!!!!
Is this situation normal , have they broken the law or the guidelines at all.
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- Puccalove
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- Gordon
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- Posts: 51284
I am assuming that you were placed in the WRAG by the Decision in May 2012 and that this was what you appealed against.
Further, as you were transferred from IB, payment of your ESA(CB) would be limited to 365 days (e.g. May 2013).
A couple of points for you, the above being the case, have you checked whether you are eligible for Income Related ESA, this will be subject to your household income, assets and savings and any hours that a partner works.
If you are not eligible for ESA(IR) and not receiving payments for your ESA(CB) then you are not required to participate in Work Related Activity.
With regard your appeal. If it is scheduled for next week then you have left it very late to provide a convincing case.
You need to show why you meet the Support Group criteria and why, so I would write a short submission explaining which SG Descriptors you think you meet and attach any evidence that you have available, that you have not already submitted.
Qualifying for the Support Group
You should have a look at the ESA Claim guides for a better understanding of the SG Descriptors, make sure you use the previous version of the guides as the latest ones only apply to Decision after 28 January 2013.
As to your latest assessment, you should contact the DWP as to what has happened with this.
If you have any specific questions, we will try to answer them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Puccalove
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- Posts: 371
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