IB to ESA, nil points and appealing

Hi I'm new to this site and would appreciate some advice. I have been in receipt of IB for 13 years. I've recently had the ESA assessment and been found fit for work and haven't scored any points at all.
I have got the score sheet and have requested a copy of assessment report. I intend to appeal asap.
I would like to ask how much info should I put on the appeal form. A lot of the details I put on my claim form appears to have been disregarded and some of the things written by the decision maker are not accurate. Is it advisable at this stage to list all of these things and say why I do not agree with them, or just keep it brief and go into more detail later.
Sorry if this has been asked many times before.
Thankyou

Thank you for your reply and the links.
I have now completed my appeal letter and will be posting it tomorrow. I have been unable to get an appointment to see my GP quickly, so have written on the letter that I will forward a medical certificate to enable me to claim the assessment rate of ESA asap. My entitlement to IB ceases on 28/5 and my GP appt is 30/5 is this likely to cause problems?

I also have another question regarding medical certificates, what is the longest period DWP will accept one for?

Many thanks.

dizzy247 wrote: Thank you for your reply and the links.
I have now completed my appeal letter and will be posting it tomorrow. I have been unable to get an appointment to see my GP quickly, so have written on the letter that I will forward a medical certificate to enable me to claim the assessment rate of ESA asap. My entitlement to IB ceases on 28/5 and my GP appt is 30/5 is this likely to cause problems?

I also have another question regarding medical certificates, what is the longest period DWP will accept one for?

Many thanks.

Hi d247,

Make sure that your G.P. backdates the MED 3 to the date that your IB ceased.

You can obtain a MED 3 by speaking to your G.P. over the phone, if the G.P. is available.

Send it to the DWP, at the same address as your GL24 went to, keeping a copy.

Put a covering letter in with it stating that it is in connection with your GL24, and that you are now requesting payment of ESA at The Assessment Rate whilst your appeal is ongoing.

Sending Documents to the DWP or ATOS

The law states that the first two MED 3's obtained from your G.P. can be for no longer than 3 months each. The 3rd and any subsequent MED 3 can be for 6 months or longer.

bro58

I've just read on another thread that a letter from Black Triangle re appealing and reg 35 was used. I will be seeing my GP next week to obtain med cert and to discuss my result and appeal with him. Is it a good idea to take a copy of the letter with me and ask if he is prepared to sign it or is it better to have a letter written by him in his own words.

Thanks

dizzy247 wrote: I've just read on another thread that a letter from Black Triangle re appealing and reg 35 was used. I will be seeing my GP next week to obtain med cert and to discuss my result and appeal with him. Is it a good idea to take a copy of the letter with me and ask if he is prepared to sign it or is it better to have a letter written by him in his own words.

Thanks

Hi d247,

I gather that you are speaking of "Substantial Risk" as at ESA Reg 35 (2) (b)

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

You could ask your G.P. to sign it, whether they would or not is a different matter.

In my opinion, a letter supporting the "Substantial Risk" issue in the G.P.'s own words would hold more sway.

It is not enough to simple state that there would be "Substantial Risk", evidence would need to be provided with relation to how and why there would be "Substantial Risk".

There is no legal definition of this, it is mentioned in The DM Guide

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

42188 onwards.

bro58