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Migrate from IR-ESA to UC now discussing CB-ESA?

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2 months 1 week ago #299530 by FlossyAnne
Hi,
I've been a member on here since 2017. In this time, there have been a couple of occasions where I've used your guides for help and they have been so helpful. But on the whole, I've really just kept up my membership in appreciation of the work you do for everyone and to show support.

This is the first time posting in the forum and would appreciate any advice as I can't seem to find an answer to my query and I'm feeling sick with worry.

• I've been on Income Related ESA in the Support Group for years along with Housing Benefit
• I've recently received a Universal Credit Migration Notice for the IR-ESA and HB
• I've done all I should along with uploading my Driving Licence and Passport which was accepted
• I accepted my Claimant Commitment online, which was to inform them of any changes

• Now I've received a letter saying my Contribution Based ESA is changing to the New Style ESA
• They've stated they will be in contact to book an appointment with a Work Coach, to create and agree a Claimant Commitment
• I have to explain how my disability affects my ability to work
• I have to provide medical evidence

Can anyone please shed any light on the following:

1. Why if I'm migrating to UC from IR-ESA (Support Group), are they contacting me about CB-ESA?
2. If I'm in the Support Group and have already accepted my Claimant Commitment online, why do I have to do this again?

I could understand the need to see me, if I had to get my ID verified, but that was accepted online and my "To Do List" is empty.

3. I'm Autistic and find it hard to communicate under pressure, especially to a complicated question like "explain how your disability affects your ability to work". Surely I can't be expected to go into all the info I'd originally put on my ESA application and all the things that were discussed at my assessment?
4. Doesn't me coming over from ESA Support Group, demonstrate the level my disability affects my ability to work, and show that I've already demonstrated that to a Medical Professional, or else I wouldn't have been awarded it?

I feel like I'm going to have to prove to a none Medical Professional, that I'm incapable of work, when that's already been done.

Also I have a problem providing Medical Evidence as this was submitted years ago when I first applied for ESA by the Autism Specialist I was privately under, who has since retired.


Thankyou for taking the time to read this and for any advice that can be offered.

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2 months 1 week ago #299534 by David
Hi clare.day.78

Firstly if the above bears a relationship to your real name please change your Forum user name for internet security reasons.

Do not worry at all as this issue has arisen dozens of times and required the head of the DWP to intervene as follows --
" The DWP claims to have applied a ‘fix’ to the problem of employment and support allowance (ESA) claimants who are migrated to universal credit (UC) being unlawfully asked to provide fit notes.

ESA claimants should not be required to produce fit notes when they are subject to managed migrated to UC and ESA claimants in the support group should not be required to undertake any work-related activities. This is because an ESA claimant’s work capability status travels with them when they are migrated.

But, as regular readers will be aware, there have been many instances of work coaches demanding fit notes as well as trying to impose work-related requirements on former support group members during claimant commitment meetings.

On 16 October Neil Couling, the head of the DWP’s UC team admitted on X that the DWP were getting it wrong and that a “tactical fix” would soon be applied, followed by a full system fix."
www.benefitsandwork.co.uk/news/esa-migra...blem-allegedly-fixed
Everyone who claims ESA is automatically assessed for Contributions Based ESA. So years age you qualified for Conts Based ESA and have been receiving it with an Income Based ESA top up. Now Income Based ESA is being replaced with UC. However Conts Based ESA carries on after Managed Migration and the main difference is it is called New Style ESA. But you have to agree a claimant commitment and for you all that will be is agreeing to inform the DWP of a change of circumstances ( for instance starting to get a private pension payment ). You can request to accept the claimant commitment in a phone meeting which should last at most 10 minutes. There should be no conversation regarding your health or medical conditions.
You can send the Work Coach a Journal message reminding him/her that you are in the ESA Support group and that you don't have to supply medical evidence. You could also send the quote I have given above.

Hope this helps.
David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: FlossyAnne

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2 months 4 days ago #299626 by FlossyAnne
Replied by FlossyAnne on topic Migrate from IR-ESA to UC now discussing CB-ESA?
Thanks so much David, that's all really helpful and reassuring.

Really appreciate this site and the hard work you all put in in helping everyone 🙂
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