DWP related

[VANCLEEF]

DLA short form con update plus keeping ESA after losing appeal

04 February 2010

Dear Subscriber,

In this edition we have an update on the four page DLA renewal form - and we’re definitely advising people to treat it with enormous caution, given the feedback we’ve had from members.

Moving on to employment and support allowance (ESA), the latest statistics for both claims and appeals make very dismal reading indeed, with almost 7 out of ten claimants who have an assessment being found fit for work and fewer than 4 out of ten winning their appeals.

Not that losing your appeal necessarily means you have to stop claiming ESA. The confusing mess that is the ESA regulations, combined with the increasing delays in administration, is allowing some claimants to claim ESA again immediately after losing their appeal against being found fit for work. This is happening even though there has been no change in their condition, as we explain.

The DWP are taking advantage of the backlog in administering ESA wherever they can, however. We have a copy of guidance issued to decision makers this week to ensure that, where there has been a delay in medical assessments, the DWP pockets cash that should be being paid to claimants.

This week we also get our first look at the new ‘fit notes’ that will replace sick notes from April. We were left completely under whelmed by the idea that a few tick boxes are sufficient to ensure a gradual and safe return to work for people with serious health conditions.

Equally under whelming was the discovery that RNID are quietly proposing to axe the casework team that, over the years, has built up unique expertise in helping deaf claimants get their benefits. RNID’s reason for doing so sounds like the kind of corporate-speak that used to be the sole preserve of the private sector, but is gradually taking hold in parts of the voluntary sector.

On a cheerier note, we have the tale of the claimant so fed up with what he regards as the poor standard of medical assessments that he flatly refused to have another one if he couldn’t tape it. In the end he got his medical cancelled and his incapacity benefit renewed. Please don’t try this yourselves – you’ll almost certainly end up losing your benefit.

But isn’t it comforting to know that, at least occasionally, utterly foolhardy stubbornness can face down even Atos Healthcare and the DWP?

Good luck,

Steve Donnison

EMPLOYMENT AND SUPPORT ALLOWANCE TRAINING
Has your agency had employment and support allowance training yet? With the transfer of incapacity benefit claimants beginning in pilot form in October 2010 and starting in earnest in February 2011, even if few of your clients have been affected yet, many are likely to be in the future. Find out more about our employment and support allowance training

http://www.benefitsandwork.co.uk/training/courses

FREE ARTICLES - BUT YOU NEED TO BE REGISTERED
These articles can be read by anyone, but you do need to register first. Find out more about the free stuff available when you register:

http://www.benefitsandwork.co.uk/free-stuff

RNID to axe benefits casework team
http://www.benefitsandwork.co.uk/news/latest-news/1184-rnid-to-axe-benefits-casework-team
RNID is proposing to axe its highly valued casework team without seeking the views of service users, possibly within three months.

Almost 7 out of 10 refused ESA
http://www.benefitsandwork.co.uk/news/latest-news/1179-almost-7-out-of-10-refused-esa
As more statistics emerge about the work capability assessment (WCA) for ESA, the picture is becoming increasingly grim for claimants.

Fit notes are coming
http://www.benefitsandwork.co.uk/news/latest-news/1178-fit-notes-are-coming
From April 6th 2010 GPs will no longer issue sick notes to their patients. Instead, they will issue a 'statement of fitness for work' or 'fit note' as it will generally be known.

ESA return to work rip-off
http://www.benefitsandwork.co.uk/news/latest-news/1177-esa-return-to-work-rip-off
The DWP have issued instructions to decision makers to ensure that claimants lose out because of long delays in arranging employment and support allowance medicals.

SUBSCRIBING MEMBERS ONLY
Not yet a subscribing member?
Find out how to subscribe to Benefits and Work and get instant access to all our downloadable claims and appeals guides, DWP materials, members news items and more.

www.benefitsandwork.co.u k/join-us

Staying on ESA forever, even after losing an appeal
http://www.benefitsandwork.co.uk/news/members-only-news/1183-staying-on-esa-forever-even-after-losing-an-appeal
Confused regulations combined with the increasing delays in the benefits system mean that it may be possible for claimants to remain on the assessment phase rate of ESA indefinitely, even after losing one or more appeals

DLA short form con update
http://www.benefitsandwork.co.uk/news/members-only-news/1182-dla-short-form-con-update
Fears that the new DLA short form is simply a way of preventing claimants giving evidence appear to be justified, as we hear from more members who have completed it.

Claimant refuses untaped IB medical – and wins
http://www.benefitsandwork.co.uk/news/members-only-news/1181-claimant-refuses-untaped-ib-medical-and-wins
A Benefits and Work member who refused to a attend a medical for incapacity benefit unless he was allowed to record it had his medical cancelled and has been found incapable of work.

PLEASE NOTE: THE REPLY TO ADDRESS ON THIS NEWSLETTER JUST COLLECTS HUNDREDS OF AUTOREPLIES. If you have problems accessing the site or logging in, visit the Help with the site page, where you can find possible solutions and contact details for our technical support.
http://www.benefitsandwork.co.uk/help-with-the-site

To unsubscribe or change your details, please use the Manage my subscription link below.

(c) 2010 Steve Donnison. You are welcome to reproduce this newsletter on your website or blog, provided you do so in full.