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Income support to IB

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12 years 2 months ago #78374 by peggy2
Income support to IB was created by peggy2
My som had a very bad accident some years ago which unfortuantly was missed on x-ray he does not trust hospital doctors or orthopeadics, he went on to develop a type of osteoarthritis in his hip joint which causes his severeve hot stabbing pains and disabling him at different parts of the day, its like complex chronic pain and osteoarthritis, he also has psychological damage due to medical miss diagnoses and having to undergo excrutiating hydro pool physio on a broken head of femur in hip. He hates doctors and does not trust them. He is currently being transfered from Income support to ESA how best is it to complete the limited capability form when the person has limited contact and trust with medical people due to the situation such as this.

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12 years 2 months ago #78377 by Gordon
Replied by Gordon on topic Re:Income support to IB
Meg

Forgive me but I'm not sure what your concern is :)

Are you asking how to complete the ESA50? Have a look at our ESA claim guides on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

Are you concerned over the available evidence to support his claim? As this is a transfer the onus will be on the DWP to prove he does not meet the requirements for ESA, so they will have access to his previous claim and reports, you can also access your sons medical records held at his local GP, so even if he has not seen a consultant, there may still be evidence that can be used.

Are you concerned about him attending a medical? A medical may not be required, but if one is, he will need to attend. He can be accompanied and the "doctor" should take into account his condition when evaluating whether he meets the criteria.

If your concern is something else, please come back to the forum.

Gordon

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

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12 years 2 months ago #78379 by peggy2
Replied by peggy2 on topic Re:Income support to ESA
Hi Gordon

Sorry yep that sounded confusing. My son has been on log term Income support benefit with disability premuims after unable to hold down any job long term due to his disability. He was sent a letter in December 2011 to advice the benefit he is on is being phased out to Employment and support allowance. It said he would recieve a phonecall, unfortunatly for three weeks he has been in one of his very dark down moods and needed support of family and friend, and we did manage to get him to agree to see his GP last week. meantime he has now received a capability form which advises once they receive it they then decide if he is entitled to Employment and support it also mentions a capability assessment. I know my son is not on Incapacity Benefit but I know because he lives alone in his ground floor flat he recieves Income suppor made up with disability premiums, i was once told that income support was not changing.

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12 years 2 months ago - 12 years 2 months ago #78380 by Gordon
Replied by Gordon on topic Re:Income support to IB
Meg

If your son is receiving IS due to incapacity, which would seem to be the case then, as you have already been made aware, it will be transferred to ESA, in exactly the same way as those on IB are being trasnferred.

Have a look at the followiong FAQs

The Transfer Process

How long do I have to complete the ESA50?

ESA Medical – What to expect

Your first priority is to return the ESA50 our claim guides on the following link will explain how the descriptors work and how to exlain your sons conditions in answer to the questions on the form.

www.benefitsandwork.co.uk/help-for-claimants/esa

After the ESA50 is returned a decision will be made as to whether he needs to attend a medical. A lot of the people being transferred are being moved without a medical, but one may still be required, and his attendance will required in order for him to continue receiving benefit.

If you have any specific questions, please come back to the forum.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 months ago by Gordon. Reason: added link to guides

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12 years 2 months ago #78381 by peggy2
Replied by peggy2 on topic Re:Income support to IB
Hi Gordon

Thankyou for yoru reply. I must apologise to you though with not using the site for a few weeks I had forgot=rt about the FAQ'S part

:side:

I will always try to read there first before posting my next thread.

sorry for that just alot going on at mo suffered another fall myself and back with physio, plus awaiting my tribunal date plus an Employment tribunal.

All the best for 2012 and thankyou for the amazing service.
meg

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  • stuart52
12 years 2 months ago #78389 by stuart52
Replied by stuart52 on topic Re:Income support to IB
hi gordon,
can i just tag something onto this thread please?
i too am on income support, i have never had a medical and have never been asked to attend one, in 1986 i was registered as blind, i had my UB40 taken off me, told not to go there again (suited me fine!), i got a pension book, i think it was called supplementary benefit in those days later to be called income support, to cut a long story short at some point i am sure i too will get the dreaded letter, so am i right in thinking from what you put in your reply to the OP that those being transferred generally are transferred to ESA WITHOUT a medical? if this is so then thats encouraging, i have heard so much about ATOS thats not good.
stuart

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