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Received ESA Medical Report

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4 years 4 months ago #254424 by Gary
Replied by Gary on topic Received ESA Medical Report
Hi Mark

It is not how the system works, if you believe that your health has improved then you need to contact the DWP and inform them of a change of circs. Your claim will either be stopped there and then or you will then be sent out a new set of forms to complete, a new assessment and then a new decision will be made from the information they have.

Gary

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4 years 4 months ago #254426 by Becky
Replied by Becky on topic Received ESA Medical Report
Hi Mark,

my feeling is that if you indicate to the dwp that you are satisfied with accepting a lower award than your present one, they are more likely to take your award away completely and you will have to start from scratch. I doubt you can 'bargain' with them..you either meet the criteria or you don't.

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4 years 4 months ago #254432 by Mark
Replied by Mark on topic Received ESA Medical Report
Hi Becky

I get your point and Gary knows a lot more than I do but I see it a bit differently. Personally I think anyone in support group should never be failed completely they should as a matter of routine be given LCW as a transition to UC. The money is the same as UC and by my calculations UC is a little bit more. So financially claimant is not better off.

I know it sounds a bit odd that someone who is in support group is prepared to accept LCW in the hope jobcentre will help me during that transition period but some of us who’ve been through the system just don’t want to go through it again even if my mental health hasn’t changed I just don’t want to push for support group again when my reassessment comes around.

My reasoning (maybe wrong) is DM looks at my ESA50 and thinks this guys in support group, he’s said on form briefly that his conditions haven’t really changed and he’s suggesting LCW as a gradual introduction to the work place. He’ll get more help on LCW then he would likely get on UC. He going from £106 pw to £38 (due to savings). Let’s help this guy out. Not many claimants make this sort of request. It’s good for him, good for me, good for the tax payer. I could just send file to the assessor and let them fail him (assuming he even turns up which he probably won’t going by the fact that he hasn’t really gone to the trouble of detailing all of his problems, he’s just said no change and left it at that) but surely there’s a better way to help this guy.

It might sound like wishful thinking but the worse that can happen is DM sends it to assessor. Assessor fails me. I apply for UC and hope jobcentre adviser is sympathetic and doesn’t ask too much of me.

Mark

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4 years 4 months ago - 4 years 4 months ago #254437 by Gary
Replied by Gary on topic Received ESA Medical Report
Hi Mark

You are getting UC mixed up with ESA (legacy benefits). There is no LCW with IR ESA you are either placed in the SG (Support Group) or WRAG (Work Related Activity Group).

With UC you are either placed in LCW group (Limited Capability for Work) or LCWRA group (Limited Capability for Work Related Activity).

You have to apply for UC and give your workcoach a 'fit note', you will then be issued with a UC 50 form to complete, you will then have an assessment and a decision will be made whether to place you in LCW or LCWRA.

If you are placed in LCW there are no extra premiums paid with your UC, you will have to sign a claimant commitment and if you do not follow your claimant commitment then you will be sanctioned.

I would advise you to seek advice from your support worker/adviser before you do anything.

Gary

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Last edit: 4 years 4 months ago by Gary.

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4 years 4 months ago #254442 by Mark
Replied by Mark on topic Received ESA Medical Report
Hi Gary

I meant to say work activity group just assumed the DWP call it limited capability for work.

Do you know if UC allows adviser to adapt claimant commitment based on mental health without applying for LCW or would they just insist you apply? Because if you’ve just come from ESA then clearly you have failed assessment so wouldn’t make much sense to apply again.

Thanks.

Mark

P.S. My last post on this topic. Promise!!!

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4 years 4 months ago #254452 by Gary
Replied by Gary on topic Received ESA Medical Report
Hi Mark

If you fail ESA assessment then you would have to apply for UC if you needed to claim benefits.

You could apply again providing you had a 'Fit Note', but this time for LCW/LCWRA if you had a new condition. If it was for the same condition then you would probably be turned down.

in regards to claimant commitment, each claimant commitment is tailored by the claimants workcoach, so each claimant commitment is individual. We would always advise claimants not to sign the claimant commitment unless you can keep to it, as it is a contract. If you fail to keep to it, you will be sanctioned.

So if you are not happy with the claimant commitment tell your workcoach and explain why, they will need to know why and then they can amend the claimant commitment, it is not a contract until you sign it.

As in most contracts, buyer be ware.

Enjoy the festive period.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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