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Thread: ESA TO END 30TH APR - but have another medical on 25th April

  1. #1

    ESA TO END 30TH APR - but have another medical on 25th April

    Hi everyone,

    Just a few questions regarding this complex benefit.

    I was put in the work related esa group after winning my appeal in Nov 2011 (took over a year but got 15 points for sitting), i didnt really understand what the difference was between this group and the support, so was happy that i was getting some sort of benefit and didnt want to rock the boat.

    Then as other people have learned this benefit will stop on the 30th Apr 2012 as i have been on this benefit for more than a year and not in the support group.

    I now have to attend another medical on the 25th Apr 2012, 5 days before the benefit is due to stop.

    My questions are

    Is it still possible for me to be placed in the support group from this medical?

    If not am i able to appeal again?

    If i can appeal will i get the lower rate of benefit like i did last time or will i lose all my benefit till the appeal is heard?

    Also how long will it take before i will hear what the decision is?


    Also a bit of background info on me and my situation

    I have suffered chronic back\leg problems for the past 9 years until i had an operation in 2008 and have been unable to work since that operation. The specialist has said there is nothing else they can do for me and i will have to deal with this pain for the rest of my life and im seeing a pain specialist to help me cope as best i can. Sitting and standing are the main problems i have and the reason i am unable to work, i spend alot of my time layed down, not because im lazy, far from it, but just so i can get some pain relief. Basically my situation will never improve.

    Having done the esa test and read a lot of documentation on the benefits and work site, i believe i would score 9 points for the sitting\standing (scoring changed from previous test) - but i also believe that i should be in the support group due to expectional circumstances, in that there would be a substantial risk to my health if i wasnt found to have limited capability to work.

    This is the only benefit i am able to claim as our lass works more than 24hrs and earns over the allowed threshold.

    Any advice on this over complicated benefit would be appreciated.

    Thanks in advance Richard
    Last edited by MOTWGTSYW; 22-04-12 at 15:59.

  2. #2
    Hi MOTWGTSYW,

    I am also facing my benefit coming to an end on the 30th. I spoke to my job centre advisor last week and she said that I may still get called for a medical because although they are not actually paying on any money to me, they will be paying my N.I contributions. If, when I attend this medical, they then decide that I am unfit for work, they will them (hopefully) put me into the Support group and the benefit will re-start.

    I don't know about your right to appeal for a second time, or how long it will take to hear the desicion sorry. I'm in two minds as to whether to call the DWP and ask about when I should be expecting to hear about my medical and see if it hurries it along a bit, I sent back the form in December and have not heard anything.

    Hope this helps a bit x

  3. #3
    Senior Member Lighttouch's Avatar
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    Assessment phase in which your eligibility for ESA and the group you'll be placed in.
    For successful applicants this is followed by the main phase.
    Unsuccessful applicants can appeal or apply for jobseekers allowance or both.

    Work capability assessment - collective name for two medicals to decide which, if any, component of ESA you're entitled to. Tests carried out by ATOS

    TEST ONE
    Limited capability for work assessment - points based test. If you fail this you'll have to join Jobseekers Allowance

    TEST TWO
    Limited capability for work-related activity assessment - if you pass this you'll be in the support group.

  4. #4
    Thanks Munchroom and lighttouch for the replies. Very informative and Munch good to know i may still get in the support group and payments will restart.


    But I still dont understand what you mean by two medicals?

    I have one medical this Wednesday which is done by ATOS and was presuming this was the same as all the other medicals ive had? - i am presuming you are saying this one medical is actually the two medicals but split into sections?

    i.e on this Test http://www.benefitsandwork.co.uk/med2/indexxx.php pages 1 and 2 are TEST 1 the points scoring part, and pages 3 and 4 making up TEST 2? to get in the support group.

    This is what i got when i did the test.

    WORK CAPABILITY ASSESSMENT
    Remember that this is your assessment of what you think you should score - a decision maker may come to an entirely different conclusion. Please also be aware that whilst we have made every possible effort to ensure that the results provided by this software accurately reflect the law, we cannot accept any responsibility if you make choices about claiming based solely on this self-assessment: always seek professional advice.
    HOW DID YOU ASSESS YOURSELF?
    Did you assess yourself as being eligible for the support group on the grounds of:
    a) Exemption: NO
    b) Descriptors: NO
    c) Exceptional circumstances: YES
    Did you assess yourself as being eligible for the work-related activity group on the grounds of:
    a) Exemption: NO
    b) Points: NO
    c) Exceptional circumstances: YES
    d) Hospital treatment: NO
    WHICH GROUP WOULD YOU BE PLACED IN?
    Based on your self-assessment:
    you would be placed in the support group
    MORE DETAILS
    Below is more information about the options you chose. Bear in mind it is possible to qualify for either group in more than one way.
    The WCA is designed so that claimants who are eligible for the support group will also have met the criteria for the work-related activity group. Even though you have assessed yourself as eligible for the support group, it is useful to know the grounds on which you would be eligible for the work-related activity group too. This is because the decision maker may not agree with your assessment in relation to the support group, but may agree if there are different criteria you have chosen which make you eligible for the work-related activity group.
    SUPPORT GROUP: EXCEPTIONAL CIRCUMSTANCES
    You assessed yourself as being eligible for the support group because you are covered by the following exceptional circumstances:

    Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work-related activity.
    WORK-RELATED ACTIVITY GROUP: POINTS

    You assessed yourself as scoring a total of 9 points.
    This is less than the required minimum of 15 needed to be eligible for the work-related activity group on points. Any descriptors you assessed yourself as scoring are listed below:


    2 (b) Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around) or; (ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. 9.



    WORK-RELATED ACTIVITY GROUP: EXCEPTIONAL CIRCUMSTANCES
    You assessed yourself as being eligible for the work-related activity group because you are covered by the following exceptional circumstances:

    Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.


    AND FINALLY . . .
    We do know that the WCA is a very complex and confusing test, but please remember there is a lot more detail about the WCA and step-by-step instructions on how to complete the ESA50 form or appeal against an ESA decision in the members area of the Benefits and Work website.
    Unfortunately, we cannot enter into any correspondence about your results or the way the test works, though members can post general enquiries in the discussion forum.

    Good luck,



    So confused with all this

  5. #5
    Its nearly 3 months since my medical and still havent heard anything? Is this normal? Whole procedure is nothing short of a joke

  6. #6
    Senior Member
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    Quote Originally Posted by MOTWGTSYW View Post
    Its nearly 3 months since my medical and still havent heard anything? Is this normal? Whole procedure is nothing short of a joke
    Depending where you live and how busy they are, I suppose. Can you phone up and ask? After my medical, It was two weeks till I heard anything back from them. Good Luck.

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