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Moving from IB to ESA. Do not want to proceed.

  • Chumley Warner
  • Topic Author
13 years 6 months ago #57781 by Chumley Warner
Moving from IB to ESA. Do not want to proceed. was created by Chumley Warner
Hi,
New member here. I have been off work and on incapacity benefit for some years as a result of an accident at work. I also receive industrial injuries benefit and reduced earnings allowance.

I recently received a letter from Jobcentre Plus stating it was now time for me to the from IB to ESA. Having thought long and hard about this I decided that I did not wish to claim ESA primarily as I find the prospect of another round of form filling and assessments just so very stressful and daunting. I hate having to keep going over what I suffer from, the effects they have had on me and being reminded of what I used to be able to do but no longer can.

I responded along these lines also stating that my condition had not changed via recorded delivery but nonetheless have just received the assessment form from ATOS. I have sent the form back uncompleted with a note attached stating that I understand that IB was coming to an end but do not wish to proceed with the ESA claim and that I have already had written to Jobcentre Plus. I have copied the note to Jobcentre Plus too.

Am I going about preventing my ESA claim from going ahead in the right way? I would phone but I also have memory problems which means I can express myself better in writing as it allows me time to think about what I am saying.

Thanks.

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13 years 6 months ago #57784 by Gordon
Chumley

I'm sure they will get the message eventually :)

You do understand that you will also lose your IB payments and any premiums attached to it?

Gordon

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

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  • pete17971
13 years 6 months ago - 13 years 6 months ago #57785 by pete17971
Chumley Warner wrote:

Hi,
New member here. I have been off work and on incapacity benefit for some years as a result of an accident at work. I also receive industrial injuries benefit and reduced earnings allowance.

I recently received a letter from Jobcentre Plus stating it was now time for me to the from IB to ESA. Having thought long and hard about this I decided that I did not wish to claim ESA primarily as I find the prospect of another round of form filling and assessments just so very stressful and daunting. I hate having to keep going over what I suffer from, the effects they have had on me and being reminded of what I used to be able to do but no longer can.

I responded along these lines also stating that my condition had not changed via recorded delivery but nonetheless have just received the assessment form from ATOS. I have sent the form back uncompleted with a note attached stating that I understand that IB was coming to an end but do not wish to proceed with the ESA claim and that I have already had written to Jobcentre Plus. I have copied the note to Jobcentre Plus too.

Am I going about preventing my ESA claim from going ahead in the right way? I would phone but I also have memory problems which means I can express myself better in writing as it allows me time to think about what I am saying.


Thanks.



Hi,

It's your perogative whether to claim ESA or not. It may also be wise to inform the Benefits Office that pays your IB that you do not wish to continue to claim ESA.

However, a few cautions:.

Firstly if you do decide not to claim ESA, then no National Insurance Credits will be made to your NI account which could have implications for your future State Pension if you have not already made enough contribution. Any means tested Pension Credit due could also be affected by your IIDB.

Secondly, it may raise a query with the DWP about your entitlement to IIDB if they think you are withdrawing your claim on the basis you might not be entitled to receive ESA. It may not of course but these is a small chance it may.

Pete
Last edit: 13 years 6 months ago by pete17971. Reason: spelling

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  • Chumley Warner
  • Topic Author
13 years 6 months ago #57801 by Chumley Warner
Replied by Chumley Warner on topic Re:Moving from IB to ESA. Do not want to proceed.
Thank you for your advice, it is much appreciated.

I understand the implications regarding NI contributions.

Just to clarify I not only wrote to ATOS but also the office who sent the original letter.

The fact that this may raise a query with DWP is worrying in that I am essentially a retiring person who values privacy. I do not feel at all able to rejoin the workplace, I wish I did but I feel I have reached a stage where I just can't cope with having al my health and private issues raked over again which is why I do not want to proceed onto ESA. I had a sort of out of the blue spot check in late 2009 when someone turned up at my house in relation to my IB. After going through everything again she said all was in order and that IB was there for people like me. I have had several GP's since the accident and they have all been very supportive and insistent that I claim IB, as did the departmental doctor who carried out my initial assessment. I have hated not being able to work or do the things I used to be able to.

Sorry I'm waffling but I find all this really stressful.

Thanks fr your time and help.

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