Esa/Incapacity Benefit Overlap

[ray2]

Having tried to read bits and pieces about this I have been trying to put my own case into some perspective.

I am on Incapacity Benefit and recently went through the process of re-completing the form and was sent for a medical recently Personal Capability Assessment (Just prior to Xmas 2010) .

I was informed that I have met the threshold of Incapacity and my case is due for for review on 3/12/13.

Under 4 months later I have received another letter indicating that I now have to be assessed under ESA.
The process looks very similar to the PCA assessmentment and while appreciate that change has been made thought I would undergo the ESA assessment closer to my review date of 2013.

It does not seem to me to make sense to conduct the change over process in the way I have been selected for ESA assessment.

I would be grateful for any advice or have I been the victim of an administrative error.?

[davewhit]

Having tried to read bits and pieces about this I have been trying to put my own case into some perspective.

I am on Incapacity Benefit and recently went through the process of re-completing the form and was sent for a medical recently Personal Capability Assessment (Just prior to Xmas 2010) .

I was informed that I have met the threshold of Incapacity and my case is due for for review on 3/12/13.

Under 4 months later I have received another letter indicating that I now have to be assessed under ESA.
The process looks very similar to the PCA assessmentment and while appreciate that change has been made thought I would undergo the ESA assessment closer to my review date of 2013.

It does not seem to me to make sense to conduct the change over process in the way I have been selected for ESA assessment.

I would be grateful for any advice or have I been the victim of an administrative error.?

Its not an administrative error as that would mean they have a system that works and in this case its failed..... they have not given any real idea as to how they where going to pick people to move them to esa, it could be in your case the file was still in the office after your review so they used it.

One rumor going around was exempt people on IB50 for years where going to be first, after I spoke to my MP about a couple of questions I had about the transfer ... I got a call from someone senior at the local DWP office when I put this to them they said god knows how we will pick who goes first could be years before we get to you

another thing once on ESA you get called more often for check ups, and if you fail and appeal and win they are known to call you back after a few months for another review

[ray2]

Thanks for the quick response.
Whatever the criteria are for selecting people having one assessment and following on so quickly to another seems silly for 2 main reasons.

1.If the ESA assessment says you are fit for work a basis of appeal would be their own doctor`s report who did the initial assessment on which they based the original decision.

2.You would argue that as your condition remained unchanged which will be the case in the vast majority of applicants who are seen with such a short time frame between assessments how can they justify a change in the decision.

Maybe I`m the one being illogical.!

[davewhit]

Thanks for the quick response.
Whatever the criteria are for selecting people having one assessment and following on so quickly to another seems silly for 2 main reasons.

1.If the ESA assessment says you are fit for work a basis of appeal would be their own doctor`s report who did the initial assessment on which they based the original decision.

2.You would argue that as your condition remained unchanged which will be the case in the vast majority of applicants who are seen with such a short time frame between assessments how can they justify a change in the decision.

Maybe I`m the one being illogical.!

your not being illogical, but a search of here ouch and benefits and work will show you alas, I am right people who win at tribunals seem to get recalled the fastest, in your case the paperwork was in the office so start with you IMO of course and I could be wrong ask them why they picked you

[treborc]

http://www.benefitsandwork.co.uk/med2/indexxx.php

This is the New ESA test or WCA try it... but remember it's does not mean that ATOS will give you these points.

Notice the way the descriptors have changed for walking.


The old PCA is now ended the WCA was rolled out nationally last month, so anyone having the old PCA will be called back to under go the new tests

[davewhit]

http://www.benefitsandwork.co.uk/med2/indexxx.php

This is the New ESA test or WCA try it... but remember it's does not mean that ATOS will give you these points.

Notice the way the descriptors have changed for walking.


The old PCA is now ended the WCA was rolled out nationally last month, so anyone having the old PCA will be called back to under go the new tests

I wonder if this is why this chaps been called back, he passed under the old system, but they know from what they have about on record, tested under new system he wont pass that one ?

[treborc]

Sadly the files they have on him will now be classed void, and the sad fact is he/she must now under go the new tests and new medical.

[ray2]

Thanks for the copy of the new test.

It seems to me that I would be categorised as having more than 15 points from Q1 + Q2 which is supported by orthopaedic consultants reports although I realise you are at the mercy of the assessor.

I still cannot understand why I would undergo a PCA in December 2010 with WCA in existence.!
Surely it made sense to give me a WCA test and ignore PCA.

I also feel the points I made about a potential appeal are valid given the closeness of the 2 assessments.

I see the first part of ESA is they phone you within 2 weeks and if they don`t you have to phone them or your benefits may stop.

Is this accurate and why do they phone you?

The whole things seems perplexing.

[treborc]

It's all about regulations the PCA ended three weeks ago, the new regulation came into being three weeks ago. to get benefits now and in the future we will have to be seen now regularly to meet the new WCA and ESA.

sadly it's law, everyone has to go through this no matter if they had the PCA five weeks ago.

[ray2]

Thought I would provide a quick update.
It seems that DWP are working through call centres as I received a call from a national centre evidently based in England.
The person had to go through a prepared script going through the purpose of ESA finishing with you will be sent a form and may have to go through a medical assessment.

He asked if I had any questions and I enquired about going through this process 4 months after completing a PCA.

He seemed very surprised and he indicated that he thought that people would go through the ESA process just prior to the review date when their IB expires.
He referred the matter to another call centre in Scotland but not my local benefits agency who telephoned me.
They were equally surprised and thought the criteria was as outlined above.

They were referring my case along with others where the same thing had occurred(Complete ESA process shortly after completion IB process)as they required clarification if this was appropriate.

Apparently,there is a national co-ordinating body responsible for making these decisions who will determine whether people such as myself will have to go through the process now.

I will receive ESA forms but not to complete until they contact me hopefully they said within the next week.

Not any further forward but it seems that there are problems with the co-ordinating and rolling out ESA.