IS to ESA

I am on Income Support and DLA. I have chronic renal failure and have been on dialysis 16 years. I cant have a transplant.

I got a letter last December saying I am being transferred to ESA and an ESA50 form which I filled in and returned.

I only just recently found this site and guides on how to fill out the form so I probably didnt fill it out as best as I could have, but I thought they would contact my GP and hospital consultant if needed.

I did some reading at the time online and was under the impression that as haemodialysis is one of the exceptional l circumstances (see bottom of this post) one is considered as having limited capability to work and should go directly into the support group? Is this the correct?

I received a phone call the other day asking me to a medical assessment. What does this mean? Have they ignored the fact my medical condition / treatment is listed under the exceptional circumstances?

I am finding it difficult to understand how the new ESA works.

Any advice would be much appreciated.

Thanks.

Nick

Are you receiving regular weekly treatment by way of haemodialysis for chronic renal failure?

Yes, three times a week in hospital.

As Gordon has said having the condition you have doesn't put you straight into the Support Group but it does exclude you from a medical assessment.

According to the ESA214 under the section 'Special Circumstances'

it says the following:-
"There are circumstances in which a claimant will be treated as having limited capability for work. Where possible, Jobcentre Plus will try to identify such claimants without the need for a medical assessment. Claimants would be treated as having limited capability for work in the following instances:


and one of these circumstances is "receiving regular weekly treatment by way of haemodialysis for chronic renal failure"

See page 10 Here


It may be worth phoning the JCP Office dealing with your ESA claim explaining this regulation.

Thanks. I contacted my local JCP office but they couldnt help, they said to ring the main one in Glasgow.

I rang them and they said they will pass the details on and ring me back. A very helpfull man rang me back a few hours later. They have sorted this out for me. They dont know how it was missed and I shouldnt have been called for a medical. They said they will contact ATOS and sort it out.

Thanks for all the advice.