|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Hi, I am in the process of being transferred from IB to ESA.Got the questionnaire I have 5 weeks to fill in, so I have been digging around and according to the Revised work capability handbook Support group criteria special circumstances (2.3.2) a circumstance which would result in a claimant being treated as having limited capability for work is "there would besubstantial riskto mental/physical health if claimant was not found to have limited capability" They mention as possibilities "severely compromised immune function risk of infection" Surely anyone on Anti TNF immune suppresants would possibly fill this criteria , what do you think? also could it not be argued that RA ,(being a disorder of immune system) could also fill criteria.
|
|
Rank: Advanced Member  Groups: Registered
Joined: 8/30/2010 Posts: 507 Location: Gravesend
|
Hiya Glenicebird, The full quote is ....... Quote:The following is a list of the other circumstances that may result in a claimant being treated as having limited capability for work-related activity: ..../.... 3. “A claimant who does not have limited activity for work related activity as determined in accordance with regulation 34 (1)” (Support Group Descriptors) “is to be treated as having limited capability for work related activity if - Medical Services (a) The claimant “suffers from some specific disease or bodily or mental disablement and; (b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found not to have limited capability for work-related activity”; This is not about whether you are capable of work , but about if you can do some work related activity to make yourself more employable in the future ..this would include learning , doing a course etc( this could be an on-line course etc).. , so being on ant-tnf's or having RA would not qualify anyone, in itself, for the support group .Is there a substantial risk to health (ie severe injury or death) in writing a CV or doing a course ? Having aid that, advanced RA and complications ( and the fitting of other criteria) could mean that someone with RA can be in the support group. Just be truthful and don't underestimate how your illness affects you.. even though the form does not mention repeatability it is there in legislation . So , for example , if you can say walk 50 metres , but are in severe pain or fatigue after or if repeated then say so on the ESA 50 . Fill in as much white space with relevant detail and examples of each descriptor . Read the descriptors in the guide WCA handbook mainly pages 63 onwards to see what the DWP are looking for and if you fit the criteria . Bear in mind that the form does not necessarily follow the either the legislation or the descriptor s exactly.. Above all get medical evidence of your issues and keep a diary if possible. Rich "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Thanks RichC, the terminology they use can be very "muckswaddling" as they say up here! your comments make things much clearer bless you Glen
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Hi, just starting to fill in my ESA50 03/11 going to see GP in the morning to ask for a letter of support. Worryingly I have just read on another forum that someone was advised to send a copy of form to DWP decision maker at local office as well as original back to ATOS  I am confused as to whether I need to do this or not Has anyone else heard of this? best wishes Glenx
|
|
Rank: Advanced Member  Groups: Registered
Joined: 8/30/2010 Posts: 507 Location: Gravesend
|
Hiya Glen , As always when dealing with benefits issues , make sure you take copies of everything (including the ESA50 , if you can) and if possible send items recorded delivery.Remember, the ESA 50 form you filled out will be used in any appeal and any subsequent re-assessment for Benefits , and also can be for a DLA claim. I bet you are thinking now that you had kept a copy of your old IB50 form for reference .. I know i am !. The old ESA 50 stated NOT to include reports . This caused confusion since people never knew where and when to send additional evidence , and in fact was the reason for many appeals , as the Decision Maker did not have all the information to hand. This is not the case now , since the form actually asks you to supply medical reports with the form . Tick the box on page 20. You could send additional evidence to the JCP Benefits Delivery Centre as well , since even though i hope the original documentation is available to the Decision Maker without being edited, i am unsure of this at this stage.( I will query this today ) If you did send documentation to the BDC you would need to send with a covering letter stating the contents purpose , and make sure the covering letter and any loose sheets have your name , date of birth and NI number on them . It might also be worth sending them nearer the time of the medical so that the documents are not disassociated with your claim. Hope this helps and good luck with the conversion. Rich "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Hi Rich, thanks for your informative reply could you tell me what BDC stands for as I am a little bit short of the old grey matter. been to the doc this a.m she is doing me a letter, going to continue slogging my way through form this p.m Thinking of sending for my medical records as not due to see rheummy consultant till october I could have really done with gathering evidence earlier as time given to complete form is short being as consultant appt usually every six months. I found out today that anyone can ask for copies of letters that go out from consultant to GP this may be a tip for those of you out there that may require evidence in the future I am going to have ago at getting hold of letters from hospital this may save me money if I dont have to send for medical records. sorry I am rambling a bit Imust tell you this one, on seeing my GP today one of her comments was,"yes I can see that your arthritis is still SMOULDERING on" Sssmoking eh!  best wishes Glen
|
|
Rank: Advanced Member  Groups: Registered
Joined: 8/30/2010 Posts: 507 Location: Gravesend
|
Hiya Glenys, BDC is Benefits Delivery Centre , and you should have letters there from JCP with the name of a town and the letters BDC after them .. that is your area administration office . When getting evidence, and if they accept it, give your GP a list of descriptors from HERE.Obviously the ones in use now are the ones starting from 28 March 2011 , and you are most likely to need the physical descriptors , although in some cases it s possible to fit the mental descriptors as well. It should be noted that the descriptors have an option for repeatedly doing something , the form does not highlight this as an option , so make sure you use the white space to explain that you cannot repeat something. When you get your medical date , keep a diary for the week leading upto it , so you can explain and perhaps give that detail to the Assessor . And again , Jamie would probably be interested in hearing any troubles , or indeed good practice, of your conversion from IB to ESA . Any Info could then go forward to shape the process in the future. Any issues just post on here and i will try to help in a general way . In an ideal world it should be seamless, however there is no getting away from the fact that the Work Capability Assessment is now much harsher. Rich :) "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Hi Rich, thank you for your reply I really dont know what we would do without you many thanks again Glen
|
|
Rank: Advanced Member  Groups: Registered
Joined: 12/4/2009 Posts: 346
|
Hi Glenice, good luck with this. I am waiting for a reply to my form at the moment.
Bevxx
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Thanks Bev, sorry it took so long to answer my computer has been failing lately just about finished form (what a task) still waiting for my medical records dont know if they will help. Hope all goes well for you. Best Wishes Glenx
|
|
Rank: Advanced Member  Groups: Registered
Joined: 12/4/2009 Posts: 346
|
Hi Glenice, It is a real pain to fill the form in. I have just received a call today to arrange an appointment for assessment, in two weeks. I asked had they had a report back from my gp or consultant and the woman didn't know so i rang my gp's and they said they hadn't heard anything. I wish I had sorted out my own medical records as well now. I am very nervous now about it all. It said on the radio today that 36% of people give up on the process before completion. I am wondering now if i can manage on my small ill health pension alone.
Bevxx
Bevxx
|
|
Rank: Advanced Member  Groups: Registered
Joined: 8/30/2010 Posts: 507 Location: Gravesend
|
Bevie .. It will be very unusual for them to approach your GP or Consultant for reports , at this stage. See if you can get them before the medical ( and keep copies of them ). Follow the guidance i have written above with regard making the GP aware of the descriptors. The decision isn't actually made at the medical , but at a later date , when the Decision Maker goes through all the evidence, including the reports you have got from GP/Consultant etc. Stick with it , and remember you have right of appeal , within one month of a decision letter. All the best Rich "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
|
|
Rank: Advanced Member  Groups: Registered
Joined: 12/4/2009 Posts: 346
|
Thank you very much Rich. I have an appt today at the rheumatology dept so will ask about report, and will ring the gp.
Thanks for your encouragement, it is much appreciated.
Bevxx
PS i have just had another look at the descriptors and they have changed the ones that would have given me the most points which were cannot turn star shaped tap or pour from a half litre container. So am even more worried now.
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Bev, I really hope all goes well and if your ill health pension from nursing is as good as mine, then no dont think about trying to survive on it.You are entitled to benefit you are going to get it.Think of all the times you have helped others and now give yourself the same consideration When I feel like giving up I look at a photo of me when I was little. I look at this smiling dancing little me and I think of the poo she will have to face in later life this gives me renewed vigour to fight for this little un. Keep fighting for your little un inside best wishes Glenxx
|
|
Rank: Advanced Member  Groups: Registered
Joined: 12/4/2009 Posts: 346
|
Thanks Glenice, I appreciate the encouragement. I went to see my gp and she said it's not worth her doing a report at this stage and if they want one later they will ask for one from atos. She said not to lose sleep over this as they seem to be calling in anyone and everyone for these assessments. She said she would be surprised if they say i am fit for work, but you never know. Mike rang our mp who he knows and he said if i have to appeal he will help me. He said he has had more complaints about this than anything else.
Thanks again and best of luck yourself.
Bevxx
PS i know what you mean about the photo. Last year when my anxiety was really bad i kept looking at a photo of myself in my twenties when i was young and fit, and kept reminding myself that that person was still there inside.
|
|
Rank: Member
Groups: Registered
Joined: 5/10/2010 Posts: 20 Location: derbyshire
|
Hello I received letter today saying that I am to be placed in support group I have not had a medical but I am not complaining just glad that all the months of waiting are over its a huge relief I am certain that Rich advise helped enormously so thanks Rich for your support Glenx
|
|
Rank: Advanced Member
Groups: Registered
Joined: 12/4/2009 Posts: 2,127 Location: Thornton Cleveleys
|
Wow, that's great news (I think?!). Such a worrying time, Lyn x
|
|
Rank: Advanced Member  Groups: Registered
Joined: 4/20/2010 Posts: 1,749 Location: Somerset
|
|
|
Rank: Advanced Member  Groups: Registered
Joined: 8/30/2010 Posts: 507 Location: Gravesend
|
That is good news in some ways , as that means that you will not have your ESA changed to means tested next year , as the support group are exempt ..It also means you will not have to compulsory attend Work Focussed Interviews or the Work programme. The flip side is that your RA is severely affecting you :( I presume you claim DLA aswell , if not do so . Rich :) "The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
|
|
|
|