ESA, DLA and special rules…

Following on from previous topics raised in this forum we have come across a number of cases in Suffolk whereby people who have claimed DLA under special rules (and been awarded such) and then also claimed ESA have either been invited to complete an ESA50 or asked to attend a medical. (Many of these claimants have been unaware that they have claimed DLA under special rules).

There appears to be no communication between departments within the DWP on this issue and so claimants are subject to unnecessary scrutiny at a very difficult time in their lives? We have raised this with Glasgow and the local BDC and have been advised there is nothing that can be done and that PIP will soon replace DLA so problem solved…I would be interested to hear if anyone has had a similar experience or if anyone has made representations on this matter?

I have dealt with this problem on numerous occasions, especially special rules claimants receiving ESA50s reviewing capability for work when already in the support group.  I initially wrote to BDC with a copy of DS1500 and requested that assessment be withdrawn, but got sick of doing this.  I then submitted a complaint to ESA section and detailed the negative impact on my client’s health.  I was contacted directly by ESA section (team that deals specifically with WCA) and given a phone number to contact them if this issue ever came up.  I have phoned them at least 3 times since and the WCA has been immediately withdrawn after they have clarified DLA award (or initial ESA award) on their computer system.

You could try and obtain such a telephone number, and point out that it is in there interest as much as the claimants that terminally ill people are not put through unnecessary assessments - avoid obvious embarrassment and unnecessary expense.

Thank you for your response. I wrote this thread as supervisor to our macmillan advisor team who were raising this issue on a regular basis. I did write a detailed letter to the manager of the local BDC giving examples of customers where this had happened but to nil effect. i also had lengthy calls to Glasgow which ultimately proved fruitless.i also agree with you that it is in their (DWP’s)interests too because there must be an adminstrative impact on them in this process. In addition customers have made complaints
( but why should terminally ill people have to be subject to this stress?). 

i appreciate that people may view this as a minor matter but i’m dismayed that at such a critical point in peoples lives they are being subjected to these extra hurdles?

It happens all the time.  I have got into the habit of immediately copying the ds1500 and sending it with the esa claim form.  It becomes a problem if we have not issued the original ds1500.  I was once forced to request that dla sent me a copy to pass on to the esa section as the esa section refused to look themselves.  As far as I am concerned I have never yet had any esa assessment notice the special rules tick box without the copy of the ds1500. 

I did get so wound up that I sent a rather angry submission to the WCA consultation.  It didn’t get addressed at all in the response.  I can only consider that they thought this was a process problem rather than a WCA problem although I was arguing that considering how well exemption works should be part of the considering of the WCA .  My policy proposal is that there should be some kind of special rules tag on the whole dwp system as soon as special rules dla awarded.  It surely cannot be that difficult to do.  I also proposed in my consultation submission a ‘receiving chemo ‘equivalent of the ds1500 as well.  All good bin fodder I am sure.

And while we re talking about ridiculous hurdles to esa claims I will also mention that sending a ds1500 is not enough for all the processing centres we use.  The claimant is always asked to provide a med cert.  as well for the first 3 months.  For many of my clients this is an added extra as it is the hospital doctors they are seeing and they do not easily issue them.  It usually involves an extra unnecessary visit to the GP which for some of my clients is like climbing Ben Nevis.

If you’re talking about people who have claimed DLA under special rules within the last 6 months (as opposed to, say, 18 months ago - although it must be upsetting for anyone with such a diagnosis) then I cannot imagine any regular contributor to these forums viewing it as merely a minor matter.  And as for being told that “PIP will soon replace DLA so problem solved” then that is outrageous and I’d complain on that issue alone if nothing else.

As an ex-Macmillan adviser in Glasgow and London, this is not unfamiliar but a copy (my mantra has always been copy everything) of the DS1500 usually sorted it out.

This is one to take to Macmillan centrally, the recent amendments to the ESA Regs demonstrates their clout.

Thank you for your feedback on this. I have written to macmillan in addition to the DWP at Glasgow/Bury and sent reminders but to nil effect. however I have now had a further conversation with an area rep who is keen to pursue this issue.