living in France,still waiting for review

Hi all...my first post

13 years ago I had a bad accident which was not my fault, I was retired medically from my job (same employer for 28 years) I moved to France 6 years ago, and in that time have had 2 reviews in the form of the work test questionaire.(I had 2 medicals in the uk when I first applied for IB, and 1 questionaire~) I see my Dr here very regularly, when I had my last review 2 years ago, my Dr filled out the part on the form which relates to his comments, he also said he thought it would be good idea to send the last lot of x-rays done here in France, as the damage to my spine, pelvis, and hip has got worse since the accident. I was supposed to have a review again in May of this year but have heard nothing, in all other years I have had the form come through within weeks of the review date. Do you think based on the evidence given by my French dr and the xrays, that they have decided to not review me again or do you think its because there are so many reviews outstanding at the moment???

minky1 wrote:

Hi all...my first post

13 years ago I had a bad accident which was not my fault, I was retired medically from my job (same employer for 28 years) I moved to France 6 years ago, and in that time have had 2 reviews in the form of the work test questionaire.(I had 2 medicals in the uk when I first applied for IB, and 1 questionaire~) I see my Dr here very regularly, when I had my last review 2 years ago, my Dr filled out the part on the form which relates to his comments, he also said he thought it would be good idea to send the last lot of x-rays done here in France, as the damage to my spine, pelvis, and hip has got worse since the accident. I was supposed to have a review again in May of this year but have heard nothing, in all other years I have had the form come through within weeks of the review date. Do you think based on the evidence given by my French dr and the xrays, that they have decided to not review me again or do you think its because there are so many reviews outstanding at the moment???

Hi,

I know that in some areas there is a huge backlog of both IB50's (the questionaire) being sent out and equally a large number of IB50's which have been returned to ATOS with nothing more heard by the claimant (over 14 months in some cases).

Providing one continues to be paid, then a lot of people are just awiaiting for ATOS/DWP to eventually catch up whenever that will be or even to be migrated to ESA - even if that goes ahead on time which maybe doubtful as ATOS/DWP seem to be struggling keeping up with current ESA claimants let alone those migrating later this year or next year.

Pete

Pete. I can fully understand claimant's not rocking the boat whilst their benefit is being paid, but also the stress they are experiencing not knowing the outcome of their review.

Do you know if people that are returning IB50's to Atos are guaranteed a review under the IB regime? Or is there a danger that due to backlogs etc, Atos will just issue an ESA50 when migration begins?

The DWP/Atos could end up paying out a lot of money to claimants in compensation for the distress caused by their maladministration.

Thanks for your thoughts on this.

Catherine wrote:

Pete. I can fully understand claimant's not rocking the boat whilst their benefit is being paid, but also the stress they are experiencing not knowing the outcome of their review.

Do you know if people that are returning IB50's to Atos are guaranteed a review under the IB regime? Or is there a danger that due to backlogs etc, Atos will just issue an ESA50 when migration begins?

The DWP/Atos could end up paying out a lot of money to claimants in compensation for the distress caused by their maladministration.

Thanks for your thoughts on this.

Hi,

It is difficult to know what the DWP/Atos (aka the government) will do if they do not catch up with current pending IB claims when the migration to ESA process starts.

No one in the DWP at local level that I have spoken to seems to know.

I can appreicate some people do feel very stressed by the delays to IB/IS medicals
and the uncertain position it puts those people in.

Perhaps it is one of those things to put firmly at the door your local MP in order they can establish direct from the Secretary or Ministers of State at the DWP what the situation will be and how (or indeed if) they intend to overcome the backlog of IB claims prior to the migration starting.

Pete

Thanks Pete.

Good luck with your review Minky though it does sound like it may take awhile.

I wonder if Jobcentre Plus will insist on people that live abroad, coming to UK for back to work interviews etc as part of ESA regime (if they are not in the support group) or is there a different system in place for people living abroad?

Nothing to do with your case Minky, but on the subject of untimely/drawn out reviews - I really feel for people that are being subjected to the additional stress of being sent IB50s when they were exempt in the past.

I dont think everyone gettting IB but not needing a medical at present will get a medical when they are moved to ESA I think some will get something like a "Review" where someone sees that there is no chance they will ever work and just move them on paper, of course some people who should be treated like that will be called for a medical thats always going to happen

Given past changes to benefits unless they move a lot of very ill people by paper review the change over could I think take till 2015 2016 and all the tribunals will take till 2020