IB to ESA Migration Pitfalls

As many of you who follow my blog will know I have been having a tough time getting the help and support I am entitled too mainly because due to the SAH Stroke I have mental health issues that are invisible to the naked eye so go untreated despite pleading with my GP.

I have frontal and temporal lobe damage due to two things:

1) A delay in getting treated for the SAH Stroke.

2) Oxygen starvation causing the grey matter to die.

This has caused many issues like memory loss, lack of motivation which is very tough and hard to understand but it is like you really want to get something done but the brain will not get its backside into gear to carry out that task then there is executive function which is an umbrella term for:

“Executive function is an umbrella term for cognitive processes such as planning, working memory, attention, problem solving, verbal reasoning, inhibition, mental flexibility, multi-tasking, and initiation and monitoring of actions”

Could you imagine how useful I would be in a working environment not very is the answer and no doubt the reason I have been turned down on countless interviews.

Anyway back to my claim, all was going well on Incapacity Benefit as I was largely left to my own devises and could plan my days and do what voluntary activity I could manage, however that all changed with the Governments agenda to switch to Employment Support Allowance (ESA) which was often brutal in nature.

You see this ESA was miles apart from the Incapacity Benefit and is no small change no wonder many worry and live in fear, well my day came when that migration letter and the ESA claim pack landed on my door mat and right away I was fearful why you may ask? well there is a 30 day time limit to gather the evidence and fill in the forms and return to ATOS yes straight away for me you can no doubt see a problem there yes that is right the olé chestnut Executive Dysfunction joy it is not.

So anyway I tried I really tried to comply otherwise it would die but try as I might I missed the deadline so I phoned the DWP in the hope of getting a time extension but this fell on deaf ears and I got a letter from DWP telling me my ESA claim had failed and my Incapacity benefit would stop in 4 weeks time as you can guess I was distraught but never being the one to give in like many no doubt would, I decided to send off a reconsideration letter and contact my MP for help the letter is below:

Re: Stopping of Migration from Incapacity Benefit to Employment Support Allowance.

Dear Sir/Madam,

 Please accept this letter to request that you reconsider you wrong decision to stop my Incapacity Benefit.

 This ESA50 Form has now been returned to you although I do accept it was a few days late that was out of my control due to complex mental health issues I have after suffering an SAH Stroke and thus damage to my frontal and temporal lobes caused by blood starvation.

 Because my wife also cares for her mum and who lives with us I am sure you can appreciate we live hectic lives and thus with her mums ever increasing care needs she is not always around to prompt me.

 I endeavoured to return this form to you as soon as possible but the form in it’s self was confusing to say the least and does not relate to the many mental health issues I have.

 The time limit imposed to return forms is clearly not long enough for mental health claimants and one rule does not fit all.

 If my rightful and just claim is stopped it will have a serious impact on us as a family unit because despite being entitled to mortgage interest relief we do not claim this and never have done it was a moral decision we took which we stand by because we do not believe it is the Governments roll to pay this as it was our choice to buy the council house for which was already discounted. However the incapacity benefit paid due to my wide ranging disabilities which was not a life choice goes a long way in meeting our mortgage payments.

 I hope that you can see the decision you took was wrong and that I am not a scrounger as perceived by our wonderful Government who’s MP’s claim every expense under the sun including mortgage payments on second homes.

 I appreciate your rules and regulations do not come from the many good civil servants reading these letters but from management and politicians above so I apologise if this letter is harsh in places but it has to be said because the WCA and ATOS are a farce and goes against all disability law both here and at the EU and UN.

 Yours Sincerely

I never heard a bean from them so decided to give them a phone call and was told that my Incapacity Benefit has been reinstated and that I would here from ATOS shortly regarding an assessment.

I never did hear from ATOS maybe my letter above put the frighteners on them and the DWP maybe that is why I got the letter last Wednesday informing me I will be switching to ESA next month.

However the fight is not over because I have been put into the WRAG group and my claim is limited to 365 days which is no good to me with the physical and mental disabilities I have so am now preparing my appeal.

A statement of reasons has been requested.

A SAR to the DWP has been sent which I will forward to my solicitor handling the appeal.

Further up to date medical evidence has been applied for from my GP.


4 thoughts on “IB to ESA Migration Pitfalls

  1. Pingback: #DWPChaos Parked on ESA WRAG for a year now out of system …….. | Diary of an SAH Stroke Survivor

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.