Managed Migration

In today's newsletter you explain the criteria for not needing to provide fit note if managed migration goes ahead

"If you have been receiving Employment and Support Allowance (ESA), you will not need to provide medical evidence such as fit notes, or have a Work Capability Assessment (WCA) if all of the following apply:

you move from ESA to Universal Credit without a break
you have already completed a WCA
you were in the ‘support group’ or ‘work-related activity’ group in ESA when you made your claim to Universal Credit"

I meet the 1st and 3rd criteria listed above but in my case I was originally transferred from Incapacity benefit to ESA Work Related Group about 2011 or 2012, this done solely on the paperwork if I remember rightly.
In 2013 due to deterioration of my condition I applied to have my claim looked at again and was placed in the Support Group and this was done again solely on the paperwork, as it were, because the medical evidence was quite substantial. I filled in the ESA50 and this was sent to Atos and I was placed in SG without a Face 2 face medical in front of an assessor. Am I correct in assuming this would be counted as a WCA in the context of the above criteria with regard to managed migration ? I am assuming the decision made by ATOS on paper based evidence was in fact a Work Capability Assessment in the same way as if I'd actually been called to appear before an assessor in an assessment centre. Please could you clarify this?

Thanks David I thought so. It's just that I came across a very old post on here where a user had been told in writing by DWP when he complained that they hadn't informed him of a decision, that as he didn't have a face2face it wasn't legally classed as a WCA so they weren't obliged to inform him. I think it was in context of a normal review and the original decision stayed the same and he remained in work related activity group. But he had sent an ESA50 in. B and W's former moderator Bro58 advised him that as per rule 23 of regulations it was clear that even if decision was made on paper scrutiny alone it is classed as a WCA and they were obliged to inform him. In my case I remember speaking to a decision maker at DWP when I asked if I could be placed in support group as my condition had got worse, this about a year after being put in work related activity group from Incapacity benefit. I distinctly remembering him telling me he wasn't prepared to put me in SG without a medical. I was then contacted by Medical Services, who sent ESA50 and then placed in SG on paper work alone when I sent this and other evidence back. They informed me of this in a letter stating my payments were changing due to a recent change in circs which they stated was my being placed in SG. I requested and received the ESA 85a medical report later that month detailing the basis on which they decided my case. It's one for B and W users to keep an eye on though as in that guy's case it seemed he had been sent wrong info, likely by DWP people not properly trained in case law. If possible perhaps B and W staff whom I understand regularly meet with DWP could obtain some precise clarification for people awaiting the managed migration.

I make that last suggestion David, as I feel it could be a ploy that ( at least some) DWP officials might use, thus hindering smooth migration for less informed claimants. Thanks again anyway for the clarification.

sorry to keep asking about this but it's nagging at me why DWP would say you must be in ESA WRAG or SG when you migrate to UC and have had a WCA. Unless one had a WCA assessment the claimant wouldn't be in WRAG or SG. Why would they word it this way and who would it be aimed at?
Only thing I can think of are claimants who applied for new style ESA some time ago ( as claims to ESA have long since been stopped as new claimants must claim UC) and are for some reason still in the assessment phase waiting to be assessed by a WCA due to long waiting lists. Could this be the case?