Update on IB/ESA changeover

Dear B&W members,

I started a thread a short while ago, which for good reason, the advisers here were able to only give ‘general advice’ on (I fully appreciate and agree that the advisers on this B&W forum have to be very careful not to make members’ decisions for them and I again offer my sincere thanks to all B&W advisers for the excellent information and advice provided here).

To explain... I was going through the Incapacity Benefit/ESA changeover. I have several health issues (one being M.E.) and I had been awarded the necessary number of points via the ESA50 form to retain benefits (fortunately without an ATOS medical), but had been placed in the WRAG group. I originally asked, on this site, about the dangers of appealing (to attempt to be moved from WRAG into the Support Group).

Anyway, moving on, here’s an update... that hopefully will furnish other B&W members with knowledge that may be of use when making their decisions, or attending Work Focused Interviews etc. Any further advice or comments to myself, from B&W advisers/members, would also be most welcome.

I decided not to appeal my own ‘case’, particularly as the DWP adviser, during the original telephone conversation, had indicated that my first WFI would not be anything to fear and that my best interests (health wise) would always be the priority. They even indicated that the JCP adviser would have great flexibility when deciding how frequently that I’d need to be seen. However, when I attended last week, I gained the impression that any outcome was ‘pre-ordained’... and not necessarily in my favour.

Two advisers (one for “training purposes”) interviewed me and I was told that I would be required to attend regular WFIs at intervals of ‘approximately’ 6 weeks. I was then asked to sign an authority for them to pass my details to an ‘outside agency’... in this case A4E or Ingeus (it has turned out to be Ingeus, who have already phoned and I am to see later this week), who also run courses for them. I was told that I would have to first see the outside agency, but that I could ultimately opt to still be seen by JCP staff.

At this point, I asked if I could simply refuse to sign the consent and choose to remain being seen by JCP staff. I was told, “No... the rules are that you must see them first”. Also... in a ‘friendly’ manner, I was told that refusal to sign the consent might even be seen as refusing to comply... and my benefits could even be stopped. I therefore signed the consent, but I did mentally note a paragraph saying it could be withdrawn by writing to DWP at a later time.

I told them that I currently have an appointment to see a specialist, along with others for my own GP, so I asked if they wanted to see evidence of this, or record dates, but they did not.

I also do some voluntary work do to stop me going insane (they have been made fully aware of this at all stages... even though the JCP adviser last week didn’t seem so aware). Fortunately, this voluntary work is very flexible and to fit in with my health situation, a lot of it can be done from home, in any time that I feel well enough to do it. The JCP staff never even wanted to see any of the evidence I’d brought about this either!!??

I asked what would happen if any WFI clashed with an appointment, or if I was simply not well enough to attend on a set day, but just received the ‘stock answers’ of “let us know as soon as possible, as we try to be flexible”.

The possibly ‘best’ quote, was when the JCP adviser said to me, “Don’t worry, you can’t be forced into any particular job.... both your doctor.... and our doctor (i.e. ATOS, via the ESA50 form I completed)... agree that you are unfit for work.”
I felt like saying, “Then what the hell am I even here for?!”... but I thought it was possibly wiser not to.

To be honest, despite the risks, part of me wished that I’d appealed. Another part of me believes that I’ve possibly (and foolishly) complicated things for myself by doing voluntary work for a charity. Mind you... in doing said voluntary work... as DWP actively promote/advise you to do (and to be fair, voluntary work does at least make you satisfied that you’re helping others)... I wasn’t quite expecting them to ‘radically change the length of the race and to start whipping the horse to get even more out of it’ (to use a rather odd horse racing analogy!).

Anyway, sorry for the lengthy post. I hope that knowing what may happen might be useful to other B&W members... and as I'm not currently "at my best", any comments might also help me to be clearer, as I continue within the process.
Many Thanks,
fordcortina