IB to ESA

bevman

hi i have not posted for a while although i look in on most days.I would like to ask a question on ESA i filled the form in to go onto ESA as i was on incapacity benefit i have sever RA and other health problems i received my letter back the other day which has said that i am to be placed in the work focus group.
I rang my Gp and had a word with her and she told me they had been in touch and she had told them that in her opinion i was not fit for work but obviously they had ignored that.
i told her i was going to appeal and she would back me i then phoned the benefit office and this is were it becomes complicated i spoke to somebody and told them i did not agree with there decision and would like them to writ and tell me how they came to this decision he said he would pass this on to the office and send me a form to appeal out which came this morning and it is just a booklet with a space for you to write in and sign. I
no weather to put it in writing about there decision and ask them to send it again or wait and see if it comes in post any advice sorry for such a long winded message but this has stressed me out so much i feel like telling them were to stick the benefit.
laurence

trepolpen

hi , gl with the appeal , ask CAB or someone like them to help you with the appeal

mine I was put on support group without a medical , you need to score 15 points in one part to quality for the support group

toady

bevman wrote:

...this has stressed me out so much i feel like telling them were to stick the benefit.
laurence

oh I know how you feel laurence..

If you are going to appeal you will definitely need the relevant paperwork to see how they came to their decision, so that you know what you need to contest them about. I have a list of the right documents to ask for somewhere in case you get on better asking them for specific paperwork by name (assuming yours don't turn up in post). You're entitled to have them. I will find it for you & post tomorrow.

What is the form they have sent you, is it GL24 appeal form?

toady

I am rounding you up some info, did you have to attend a face-to-face medical or just fill in the claim form? (as the paperwork will be a bit different).

bevman

Hi thank you for your replies yes it is the GL24 form that they have sent me and no i didn't get to go for a medical i just filled the form in i am hoping they will send me a letter about why they have come to this decision on some web sites it says that you should put your request in writing so don't no weather to do this as well.
I told them about all my medication and that i attend the hospital twice a month for bloods and to have my infusion of toxcilumab.
thanks laurence

toady

Hi laurence, these are the main documents you will need before submitting your appeal.

A copy of your completed ESA claim form (you may have kept a copy already)

The ESA85A - the report made by the assessor in cases where claimant has not attended a face-to-face medical

The Decision Makers Score sheet

All the medical evidence the HCP used to make their opinion

All the medical evidence the Decision Makers Office used to make their decision

The ESA113 (the form they sent your GP to fill in).

This is the minimum, I am not an expert however and as suggested you may wish to go to CAB or similar for further help, or there are other very good websites that can help (you have probably come across some already as you have been looking online.)

As far as applying in writing goes, yes it is always a good idea but at the same time you are limited for time with your appeal so you don't want to lose too much time to chasing up the DWP. See what comes in the post, maybe consider ringing them again or just cover yourself by submitting a request in writing anyway - can't hurt even if it means you're duplicating your request, I would think. If you are going to apply in writing I'd advise double-checking if there are any more documents you would need. There is a link to a printable form you can use in when sending for documents, in post 5 of this thread from dwpexamination forum. http://dwpexamination.org/forum/making-an-appeal/appeal-or-not/

Thefullfacts.com is another very useful site for ESA & appeals advice.

ps you say you told the dwp about your condition & hospital treatment etc, was that by putting the details in your form? Did you send off any letters from the hospital etc, if not it would be worth you asking for some supporting evidence from them now to have for your appeal.

bevman

Hi Today
thank you so much for your advice i have received the ESA85A today and reading it i cannot really understand it.it has got Advice i advise that this person meets the criteria for having limited capability for work.
then prognosis I advice that work is unlikely the long term.
then it goes on about justification of advice i am not sure weather this is the bit that my GP filled in .
then later on in letter it says that i have scored at least 15 points and has limited capability for work and is treated as having limited capability it is all so confusing i have today made an appointment to speak to somebody in the CAB on Friday.
Laurence

toady

Hi again laurence you are not alone in finding the whole ESA thing confusing, it is, very.

One of the main differences between IB and ESA is the new 2-tier system, so that instead of just plain IB there are 2 'levels' of ESA depending on how much your illness limits you. They are Limited Capability for Work (LCW), and Limited Capability for Work Related Activity (LCWRA).

The Work focus group you mention, does not mean you have been found fit for work, it means they agree you have 'limited capability for work' - which ties in with what's in your ESA85. Being put in the Work Related Activity Group (WRAG) means there are certain things you have to do as conditions of receiving ESA, such as attend 'work-focused interviews' where they try & find out what help you may need to get back into work etc. In other words, they agree you aren't fit for work now but think that you could do these (supposedly helpful!) things. Everyone who has 15 points or over in total will be placed in the WRAG.

HOWEVER the Support Group, which is more like the old IB, means you are considered unwell enough not to have to do any 'work-related activity'. To be placed in the Support Group usually means you will have to have scored 15 points in at least one single LWC criteria. For example, most of the activities they are assessing you on, for example 'standing & sitting', have a score of 15, 9, 6 or 0 points. For Support Group you would have to score 15 points in at least one of these categories, ie be severely affected.

Glad you are getting some help from the CAB. The question about your appeal really is, do you feel you should have been placed in Support Group, based on what you put in your form, and your medical evidence? If so, checking where you scored your points will tell you where you think you should have scored higher, and you can focus on getting evidence to back you up.

Here is a list of all the points for ESA. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html

Good luck for Friday, keep us posted.