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TOPIC: Linking Rules

Re:Linking Rules 8 years 3 months ago #14133

  • malsuth111 Malcolm
The IB50 was issued without reference to an applicable date for which I should fill it in. The implication being that the date of issue, late November, is the relevant date. The IB50 seems to come from ATOS who probably have no idea that I am moving from ESA to Incapacity.

I have written to DWP at beginning of Dec. for clarification on this because I would be unappy about being 'reviewed' for this current period without first referencing what has been going on with ESA over the past 8 months. And establishing some meaning to that. Since my last post I did get the sense that as soon as I had transferred departments, from ESA to Incapacity (which turns out to be a much more complex processs that I expected), Incapacity B were taking the view that they had to issue an IB50 ASAP, because, from the POV of the newly created (and backdated) claim, I had not had a relevant medical test. Of course, I have had A medical test (the test relating to a claim for ESA), but not one that relates to Incapcity Benefit. So there is a slighly surreal sense that from 1 department's POV, Incapcity B, I've been sitting untested for 10 months, whereas, in reality, I've been going through a fairly stressful tribunal situation for ESA. And I'd like that to be recognised before we shoot off again. I've asked for clarifications also re: Own Work Rule (the benefits of which I feel I haven't enjoyed under ESA).

2 questions for u on 4 Jan:
a) Can I ask ATOS for a delay in sending back the IB50 until DWP have got back to me and I've had a chance to digest? I was told DWP should have replied to me by 23 Dec - not sure if that is sending out a letter but in any case everyone is now on holiday. I have a deadline of 10 January to return the IB50. I'd like to be able to see DWP's decision and, if necessary, dialogue with them about this, perhaps after some legal guidance, depending on their decision. The idea of trying to explain the above to ATOS is not something I'm expecting to be very easy.

b) Do you have any suggestions about where I might be look for legal advice?

After this, I feel I'll know more than I ever expected to (as a lay person) about the different capability for work assessments. Perhaps I'll write a guide!

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