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IB to ESA, and DLA - advice on ATOS appointments

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10 years 9 months ago - 10 years 9 months ago #105250 by Me_too
Hi,

I'm new to the forum, and in need of some advice.

I have ME/CFS, i am unable to work and spend most of my time in bed, due to severe fatigue etc. (Please excuse my inability to go into great detail, but the summary is I am unable to even get out of bed for more than a few hours a day, if at all, and my 'time out' is to attend various GP, and other appointments in regards to my CFS).

I have been in receipt of DLA for a while, not sure if it's 5 or 6 years, and approx 3 weeks ago I recieved a new form for completion as the current date expires in early Sept 2013.

So, I have seen my specialist, who has written a letter specifc to DLA, as this was the only benefit I though was up for renewal at the moment. I have also requested copies of medical notes from GP (up to 40 days for this to be provided though).

So, sorting out the DLA form, getting a little stressed as unable to do much, having lots of help which is very important, and then I get a letter in reference to IB to ESA transfer!

Upon receiving the form, I dug out my 'benefits file' to see an IB letter stating my benefit would be reviewed on or around early Feb 2013. !! ?? !!

So, two 'renewals' at the same time, not sure wether to laugh or cry!

Anyhow, the forms arent my real problem as I can get help completing them, the problem I have is that I am unable to communicate effectively on the telephone (I get really confused and don't comprehend what the other person is saying) and for this reason I have a truecall to block out all calls. Also I am asleep until at least midday due to illness, and to be woken up is severly detrimental to my health.

My mum has seen that DWP have called yesteray am and pm, and today am.

I think the call is in reference to the ESA, as I have read the guides on here regarding 'transfer to ESA from IB'.

I need to call them back, which I don't want to do but have to.

My problem is, that I did state on all previous forms that my illness/disabity does not allow me to talk effectively on the telephone etc and for that reason I purposely excluded my telephone number on both previous forms and requested no contact by telephone (in a full description).

I am worried as my carer who will need to take me to the assessment requires 7 days notice from work, I also need an afternoon appointment due to my limitations and I don't want to be in a position whereby I refuse to discuss appointments on the telephone then I will recieve one in the post for a morning in 2 days after the receipt of the letter.

My carer doesn't want to give out all of their details for telephone contact, and can not accept incoming calls during work hours, so I can't ask them to arrange the appointment, and so I am stressing a little as I have read horror stories that completing things on the form we dismissed when ATOS make the appointments.

Also another problem is that Luton, which is the closest centre is not easily accessible so I want to go to Cambridge where I can at least be dropped outside whilst the car is parked (albeit miles away).

If I write a letter re location of centre, times in pm only and 7 days notice, oh and recorded please an my memory is awful, who would I write this too, and would it be reviewed or ignored anyway?

Sorry, there is a lot in this thread,
M
Last edit: 10 years 9 months ago by Gordon.

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10 years 9 months ago #105255 by Gordon
Me_too

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Even though you have support for completing the forms for DLA and ESA you may still want to have a look at our Claim guides

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

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

The letter informing you that you are about to be transferred to ESA makes reference to the claimant receiving a pone call from the DWP or if it is missed, the claimant phoning the DWP.

This phone call is ensure that any questions that the claimant has are answered, so if you have no questions or unable to effectively use the phone, then you do not need to either receive the call or to make one to the DWP.

If you the DWP are unable to contact you, they will simply move to the next stage of the process which is to issue an ESA50, typically this is done 10-14 days after the "phone call", if you do not receive one then you should contact the DWP, as their is a finite time for claimants to complete and return the form.

You should make it clear on the ESA50, that you require all further communication to be made in writing.

You should also include on your ESA50 any requirements that you have in terms of a face to face assessment. It may be possible for you to arrange for the ESA assessment to be held in your home, this also applies to DLA, you will need the support of your GP who will need to write to ATOS with the medical reasons that you cannot attend. Any decision is at the discretion of ATOS.

If you have any other questions, please reply to this post.

Gordon

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

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10 years 9 months ago - 10 years 9 months ago #105258 by Me_too
Hi Gordon,

Thank you for your quick response.

I note your reference to the guides, thank you for this recommendation. I have reviewed these already (the reason I subscribed). These guides are excellent, and have so far eased the pressure related to completing the forms. I have physical limitations in completing the many pages, and related 'attachments' and although I have the help in completing these forms, the 'helpers' are often not aware of the complexity of these forms and these guides are a great reference in not only completing the relevent claim forms but I also think helps the 'helper' to be more aware of the issues and requirement for as much detail as possible to be included into these forms.

In reference to your statement:

This phone call is ensure that any questions that the claimant has are answered, so if you have no questions or unable to effectively use the phone, then you do not need to either receive the call or to make one to the DWP.


This today was my main concern, having to call them to explain I am unable to discuss matters. I interpreted the letter that I must call them, which was causing me concern.

I wil write this on the ESA50, and I just hope this is reviewed (I have read other stories on forums that contact information etc is not passed to ATOS). I suppose I need to just stop worrying until it happens, but with my illness it is much less stressful to try to sort this upfront, rather than to deal with later incompetancies. Maybe I am reading too many horror stories, there must be some claimants who have a smooth ride......

I have previously, on all communication with DWP advised them of my inability to discuss matters on the telephone and purposely made reference to this is why I have not provided my telephone number to them in previously communications. This is why I have been confused initially as I have made my limitations clear previously.

Thank you again for your prompt answer, now to re-read your excellent guides (memory issues so I need to keep reading!).

M
Last edit: 10 years 9 months ago by Gordon.

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10 years 9 months ago #105260 by Gordon
Me_too

The letter is a standard computer generated one, so even if they are aware of your problems with the phone, it would make no difference to the content of it, however, I note that you appear to have been called by the DWP, so either they are unaware of this limitation or they have ignored, the former is more likely, but the latter is not impossible.

Whilst there is nothing that the DWP need to speak to you on the form that they cannot communicate in writing, there may be occasions when it would actually be to your advantage to speak to them on the phone, so you might want to give some consideration as to how you might achieve this. For example, your mother makes the call, you answer the security questions and then she acts as an intermediary for the rest of the call.

Gordon

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

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