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migrating from IB to ESA

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11 years 9 months ago #88975 by julie
migrating from IB to ESA was created by julie
Hi I have chronic renal failure, I am transplanted bur my transplant has very low function(13%) and I also have a reoccurring renal disease. I have always got IB on the exceptional circumstances rule, and in fact was reassessed just 4 years ago( after scoring 0 on the medical) I was told I did not even have to be assessed, as I fell into the non functional descriptor.

I have seen on messages that people are given the advice to send their medical evidence with their ESA50, but also to send a copy direct to the decision maker( so they get to see it if ATOS decide not to hand all the evidence over)

I have searched all the downloads but can see how I send direct to the decision maker, how would I go about this??

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11 years 9 months ago #88980 by Gordon
Replied by Gordon on topic Re:migrating from IB to ESA
Julie

There used to be good reason to copy the Decision Maker into this correspondance, however, this should no longer be the case, but if you still wish to do this, then simply address the content for the "attention of the Decision Maker", and send to the DWP office dealing with your claim.

Make sure that your name and National Insurance Number is on each page, that all the pages are firmly attached together and numbered using a format such as "page x of y", and include a covering letter explaining what you are doing.

Gordon

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

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11 years 9 months ago #89117 by Maximus
Replied by Maximus on topic Re:migrating from IB to ESA
I thought I should try to post my question in this ongoing thread rather than make a new one.
Hi everyone. I have been on IB for many years and have not had a medical since 2006 - since the DWP doctor at the time realised my condition was severe, worsening and with no prospect of improvement. I received the new ESA form to complete a few months ago and did it with the help of the guides on here. Basically it showed I have very limited mobility – mainly with walking and moving around as I have a genetic knee deformity as well as severe osteoarthritis which give constant pain. I am unable to use a manual wheelchair due to shoulder, spinal and neck arthritis which is worsening as well as carpal tunnel syndrome in both hands/wrists and arthritis which means I need aids to even turn the pages of a book, holding a cup, pen etc., never mind propel a wheelchair.

I completed I am unable to walk 50 metres without severe discomfort and cannot repeat the distance with regularity. I also advised I have bladder incontinence which I am ‘stuck with’ and have been taking medication for some time (surgery not an option) and leak badly at least three to four times a week (usually each day). I have many other problems which I won’t go into but did complete the form fully.

I received a letter stating I had been moved over to ESA WRAG two weeks ago for one year and I know I cannot manage work, I have tried several times in the past and even voluntary work to try and get me back in some form but it was too painful and made me more ill.

I feel I should appeal for the support group. I am really worried about the medicals and the chance of losing it all and am starting to think I should just accept the WRAG for a year so as not to put myself through an appeal. However, I have read many posts on here saying many who have appealed have been successful. I am just after some advice as to whether I should appeal and whether I should follow the letter on here to submit the appeal. I have also just noticed the post about ESA Conversion Process Appeals and wonder whether this should be incorporated.

Any help would be appreciated...............Hope I manage to get this onto the forum today as it’s taken a while to type and I have only limited time to register for an appeal.

Thanks

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  • Sammylou
11 years 9 months ago - 11 years 9 months ago #89124 by Sammylou
Replied by Sammylou on topic Re:migrating from IB to ESA
Only you know wether to appeal. It sound to me like you fit descriptors for support group but you will need to prove it.
You could maybe do as i did. Ask your dr for a referral to an ot for a wheelchair assessment. Beware this takes a while tho. I went private and it was done in 2 days. This is a support group descriptor. If thats not an option would your gp write a report for you? The more info you have to send with an appeal form, the less likely, hopefully, you will end up at tribunal.
Hope it goes well, chin up
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #89126 by Gordon
Replied by Gordon on topic Re:migrating from IB to ESA
M

Being in the WRAG does not mean that you at some time you will be required to work, in fact while you remain eligible for ESA you are not required to work or even to seek work.

You are, however, required to participate in Work Related Activity, see

Work Focussed Interviews

If you believe you meet one or more of the Support Group criteria then you can lodge an appeal, see

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

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

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11 years 8 months ago #89180 by Maximus
Replied by Maximus on topic Re:migrating from IB to ESA
Thanks for the replies to my earlier question, as always very helpful. However..............

I have just noticed that my notification letter of changing from IB to ESA (CB) says my benefit amount is from July to November 2012. This is only 4 months whereas I thought the transfer was for 365 days. Why is this?

Does this mean my WRAG ESA CB ends in November 2012 and thereafter I have to (I presume) move to ESA IB (which I will probably not get due to OH’s pension) so basically it means I have nothing from November?

OH was getting ESA CB but has lost this now so I am starting to wonder whether I may actually be entitled to some ESA IB? I will work out the £16000 savings rule (which we certainly haven’t got) and the appropriate deductions but can someone tell me whether his IIB is part of his ‘earnings/income’ as I don’t think that it is from years gone by with tax credits etc.

Anyway, back on track - Having thought about appealing the decision, I think I will write for reasons why I was placed in WRAG and also for copies of my last DWP IB medical notes.

I am currently waiting for my own medical records as my dealings with GP has not been much these last few years due to being told ‘keep taking the tablets’ as nothing surgical can help at the minute. I see my diabetic nurse regularly and have had countless bouts of physio and some referrals for hand surgery but have not kept the letters despite knowing the dates. Hopefully my medical records will confirm the dates and provide me with some paperwork that may be used as evidence.

I think my best course of action (by reading the forum and documentation on here) would be to wait until I have the medical information I have, possibly get to see an advice worker and then hopefully will have the DWP documentation also and from that; am I right in assuming I can then ask for a review of circumstances as I feel my situation is worsened to now?

It’s a mine field and I’m not sure I am navigating all this information properly and so need more of your valuable advice please.

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