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Does this happen often?

  • somebody_else
  • Topic Author
11 years 8 months ago #89116 by somebody_else
Does this happen often? was created by somebody_else
I'm somewhat new to this, but my question comes in three parts.

1) Is is usual for a decision on transferring from IB to EAS to be made in 2 weeks without a medical assessment being made?

2) Is it common practice for someone (sorry, can't remember where she said she was from) to phone the claimant with the result?

Which leads to my third question,

3) Is it then known for the 'confirmation' letter that I was told I was going to get, to totally contradict what was said on the phone?

Unfortunately, I don't have detailed recall of what was said on the phone, but the gist of it was that I wasn't going to be sent for a medical, I might have to attend 1 work focussed interview, but that was a formality and more about checking that I was claiming everything that I was eligible for and the bit that really stuck in my mind was practically her final comment, that I wouldn't be re-assessed for 2 years.

When I received the letter, it said I would be expected to participate in work foocussed interviews, and work related activity and as far as I can tell, the award only runs 'til November of this year.

To be honest, I don't know what to do for the best. I've run out of energy for the fight and I'm sorely tempted to just let them run me into the ground, which is what will happen if I go along with this.

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  • Sammylou
11 years 8 months ago - 11 years 8 months ago #89122 by Sammylou
Replied by Sammylou on topic Re: Does this happen often?
Sorry to hear you feel bad
All of the things you describe are common. It sounds as if you are in the wrag group.
They always phone with the result, im sure its to check you are in!!!!
If theres a date somewhere on your letter its usually an admin date and not the end date. When you go for you wfi they tell you how long u have. Ask for a copy of all their papers, catch your breath and decide if you should appeal. Good luck
P.s one of the mods will maybe give you better info
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #89125 by Gordon
Replied by Gordon on topic Re:Does this happen often?
SE

1. As you were awarded ESA without a medical, then two weeks is probably a reasonable timescale, although it suggests that the DWP did not contact your GP.

2. It is part of the DWP attempts to be more customer friendly.

3. You have received a standard letter. The November date is for admin purposes and does not reflect when you are likely to be re-assessed.

The person who phoned you was incorrect to suggest you would only have one WFI, typically you should expect to have six, although the nature of your condition(s) may mean that subsequent ones are deferred to a later date, WFIs can also be held over the phone. See

Work Focussed Interviews

Gordon

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

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  • somebody_else
  • Topic Author
11 years 8 months ago - 11 years 8 months ago #89129 by somebody_else
Replied by somebody_else on topic Re:Does this happen often?
Thanks for that.
Last edit: 11 years 8 months ago by slugsta.

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11 years 8 months ago #89137 by Crazydiamond
Replied by Crazydiamond on topic Re:Does this happen often?
In answer to your questions:-

(1) Yes it is possible to be transferred from IB to ESA in the course of a two week period without a medical assessment.

(2) It is now the policy of the DWP to 'phone claimants in advance of the official written notification of the result of the WCA.

(3) If what you were told in the 'phone call completely contradicts what the decision letter has communicated to you, unless you have an audio recording of the conversation with the officer of the DWP, there is very little if anything you can do.

If there was an audio recording of the telephone call you may have been able to pursue a case of maladministration on the grounds of misdirection by an officer of the DWP, but from what I can gather from your post there is no audio transcript of the conversation. Unfortunately, there is no evidence to prove that there was any misdirection, so maladministration could not be demonstrated in your particular circumstances.

If as it appears you are aggrieved at the WCA outcome decision, unless you feel that you should be in the ESA support group, there is nothing you can achieve by way of the statutory appeal process.

Insofar as the November date in the decision letter is concerned, this will not necessarily be the length of the ESA award but may be a result of the computer program used by the DWP, which corresponds to the production of stock computer produced letters.

In order to find out about the date when you may be required to undergo the WCA again, you will need to ask for form ESA85A, See:-

ESA medical – what forms to ask for?

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

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  • somebody_else
  • Topic Author
11 years 8 months ago - 11 years 8 months ago #89148 by somebody_else
Replied by somebody_else on topic Re:Does this happen often?
Another additional question, if you wouldn't mind. I was trying to read various documents yesterday and there was a suggestion that any information marked confidential wouldn't be passed on to a decision maker.

Along with the form, I also sent in a list of symptoms and triggers, and a few pages of extract from my pain and activity diary (and they don't make it easy to get anything else that might be useful into those envelopes, do they)?

Did I unintentionally shoot myself in both feet by marking them confidential?

Is there a chance that the decision maker never actually saw that information, and would it be possible to add it, if I decide to appeal the decision?

Thanks
Last edit: 11 years 8 months ago by Gordon.

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