Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Page 1 of 4
1 2 3 ... LastLast
Results 1 to 20 of 73
  1. #1
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default ESA Decision. How long to wait ?

    Hi I had to attend the ATOS medical centre for a review. I am currently on ESA in the "support group" due to clinical depression and severe anxiety.

    I had the review over 4 weeks ago now and am anxious to know of the outcome.

    The review was a fairly quick affair after I handed over a letter from the the Consultant psychiatrist who is treating me..

    In the letter he gave information that I was under his care and would not be fit for work for some months...

    No mental health questions were asked of me during the ATOS medical..

    I am sick with worry now that nearly 5 weeks have passed and I have not been made aware of the outcome of the medical review.

    Can anyone please help ?

    Thanks .


  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    abc123def Informative abc123def Informative abc123def Informative abc123def Informative abc123def's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2012
    Posts
    1,143

    Default Re: ESA Decision. How long to wait ?

    ime you tend to hear quicker if they've changed your status, the fact that you haven't heard implies things remain status quo which is good news. Not definite, but looks that way.


  3. #3
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    worried33 Novitiate worried33 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2012
    Posts
    1,395

    Default Re: ESA Decision. How long to wait ?

    also I think the fact it was a very short WCA is a good sign as well.


  4. #4
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default Re: ESA Decision. How long to wait ?

    Thanks for the replies.
    It got to the part in the procedure where the examiner asked about medication. So I produced all the prescriptions and the card with all the appointments on it to show that I am attending all the appointments. Along with this was the letter from the consultant which the examiner read..

    Things then moved quickly to physical examination though I do not know why as I am off with clinical depression...

    I think the DWP fail to recognise just how traumatic these ATOS appointments can be to some one in my position.. The worry of the procedure and the possible outcomes is just awful though I do realise why they have to be done.

    Many thanks !


  5. #5
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default

    Quote Originally Posted by Charlie996 View Post
    Thanks for the replies. <br />
    It got to the part in the procedure where the examiner asked about medication. So I produced all the prescriptions and the card with all the appointments on it to show that I am attending all the appointments. Along with this was the letter from the consultant which the examiner read..<br />
    <br />
    Things then moved quickly to physical examination though I do not know why as I am off with clinical depression...<br />
    <br />
    I think the DWP fail to recognise just how traumatic these ATOS appointments can be to some one in my position.. The worry of the procedure and the possible outcomes is just awful though I do realise why they have to be done.<br />
    <br />
    Many thanks !
    <br />
    <br />


  6. #6
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default Re: ESA Decision. How long to wait ?

    Hi again I now feel truly desperate as I have been informed that I failed to get enough points..
    As above At the ATOS medical I handed in a letter given to me by my Consultant which stated clearly that I would be unfit for work for some months..
    I am suffering from diagnosed clinical depression and anxiety and this whole process is not helping one bit.
    I am worried sick with what to do now..
    I am awaiting a call back from DWP to explain what to do but I realise I will have top appeal .
    I intend to ask the help of My Consultant with this as I just can't cope with it. How long do I have to complete any forms required by the DWP and which ones do I need to get or download ???
    I really am sorry to have to ask for help but am at My witts end here at what to do and how to do it.
    Thanks....


  7. #7
    Super Troll della2 della2 della2 della2 della2 della2 della2 della2 della2 della2 della2

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2012
    Posts
    115

    Default Re: ESA Decision. How long to wait ?

    Quote Originally Posted by Charlie996 View Post
    Hi again I now feel truly desperate as I have been informed that I failed to get enough points..
    As above At the ATOS medical I handed in a letter given to me by my Consultant which stated clearly that I would be unfit for work for some months..
    I am suffering from diagnosed clinical depression and anxiety and this whole process is not helping one bit.
    I am worried sick with what to do now..
    I am awaiting a call back from DWP to explain what to do but I realise I will have top appeal .
    I intend to ask the help of My Consultant with this as I just can't cope with it. How long do I have to complete any forms required by the DWP and which ones do I need to get or download ???
    I really am sorry to have to ask for help but am at My witts end here at what to do and how to do it.
    Thanks....
    I'm sorry to hear of your problems.
    I'm not that experienced with benefits, but what I can tell you is what happens to my dad on a regular basis.

    He is re-assessed every six months. Each re-assessment always ends up with a failure - nil points. I appeal on his behalf and eventually I am told that the appeal will be heard by the Tribunal. During this time he continues to get the 'assessment rate'.
    Then about 4 months before the hearing takes place he is re-assessed again and this goes on and on and on. At any one time there are always two appeals waiting to be heard as it is taking about a year for the Tribunal hearing to take place.

    Then following the hearing he is put into the Support Group which only last for 6 months because of the next appeal in the line


  8. #8
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default

    Quote Originally Posted by della2 View Post
    I'm sorry to hear of your problems.<br />
    I'm not that experienced with benefits, but what I can tell you is what happens to my dad on a regular basis.<br />
    <br />
    He is re-assessed every six months. Each re-assessment always ends up with a failure - nil points. I appeal on his behalf and eventually I am told that the appeal will be heard by the Tribunal. During this time he continues to get the 'assessment rate'. <br />
    Then about 4 months before the hearing takes place he is re-assessed again and this goes on and on and on. At any one time there are always two appeals waiting to be heard as it is taking about a year for the Tribunal hearing to take place.<br />
    <br />
    Then following the hearing he is put into the Support Group which only last for 6 months because of the next appeal in the line
    <br />
    <br />
    If I have to appeal which looks likely how long do I have ?? I'm not due to see the consultant for five more weeks so should I ask for an appointment sooner ??
    Also what forms or paperwork ate needed ??
    I cannot tell You how stressful this is getting. !! I paid into the system for nearly 38 years before this lot kicked off in the belief that there was a safety net when things go wrong..
    Now I just feel lost....
    I am or should I say was in the so called Support group until this last medical..
    Thanks


  9. #9
    Basic Account Holder Pillow69 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2012
    Posts
    12

    Default Re: ESA Decision. How long to wait ?

    You will need to complete a GL24, this is an appeal form. In it you need to state the reasons why you're appealing and why you feel you are unable to work. It may be an idea to utilise the help of a professional body...like CAB etc. They generally know what's relevant and how to best match your health condition to the descriptors needed to qualify for ESA.

    Do you have a copy of the letter from your consultant? If so, make sure you include that in your appeal. Ideally any supporting evidence should be sent in with the ESA50. If you take it to the WCA appointment then there's a good chance the HCP won't pass it on to DWP or it may be misplaced etc....make sure you ask about this when they call you back. Also ask for a copy of the Medical Report they made about you.

    You will also need to start providing medical certificates throughout your appeal to get paid.


  10. #10
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default Re: ESA Decision. How long to wait ?

    Yes I do have a copy of the letter from the Consultant... Providing medical certificates will not be a problem..

    Sorry but I do not understand what the ESA50 IS or what the WCA appointment means or even what HCP is...

    I really am not up to speed on what all those abbreviations mean..

    I really am at a loss here.. DWP did not inform Me by letter of any decision they simply amended the usual payment.

    This of course made me call them.. They then informed me that I had failed to score enough points at the ATOS medical..

    When I attended the medical I was asked none of the questions related to either Mental health or depression.. Amazingly I was put through a physical examination and asked if I could touch my head with my hands and so on !

    I really do appreciate any help and advice I can get.. Thank You..


  11. #11
    Basic Account Holder Pillow69 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2012
    Posts
    12

    Default Re: ESA Decision. How long to wait ?

    Sorry, didn't mean to baffle you with abbreviations....

    ESA50 is the questionnaire that was sent to you at the beginning of your assessment - basically your chance to provide info about your illness etc
    WCA stands for Work Capability Assessment
    HCP is Health Care Professional - the person you saw.

    One thing to remember is that appointment you attend isn't to go through the full details of your illness again - it's just to ask you further questions about certain parts of you illness. So they may have had enough about your non physical illness. That's the theory anyway....


  12. #12
    Basic Account Holder Pillow69 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2012
    Posts
    12

    Default Re: ESA Decision. How long to wait ?

    Make sure you ask for copies of any letter regarding your assessment and like I said earlier ask for the med report


  13. #13
    Site Team **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2012
    Posts
    1,476

    Default Re: ESA Decision. How long to wait ?

    :Charlie996:

    You can't appeal a decision until it's officially notified to you in writing. In due course an ESA65 disallowance notice will drop through your letter box. You then have one month from the date on the letter to complete a GL24 appeal form. (Available on request from Jobcentreplus or can be downloaded from the internet.) Include a copy of your consultant's letter.

    The full ESA85 Atosser's report of the 'assessment' is available on request from Jobcentreplus, but don't let waiting for a copy delay returning the GL24. There's no rhyme or reason to Atosh 'assessments' so no point in trying to work out what happened.

    On receipt of your appeal a decision maker will consider whether the decision can be changed
    (unlikely) and if not, forward your appeal to the Tribunals Service. On production of Med3 (unfit notes) Jobcentreplus will pay assessment rate employment and support allowance until the hearing.

    That's all the info you need for the moment. Come back to us, if you need to, with questions about the tribunal process.

    Best wishes, have a cheery , Margaret.

    Edit:

    Should :fightingback99: have sussed your situation correctly, the notification you receive will be an award letter for the work related activity component of employment and support allowance. Appeal process is the same, cept that you'll not need unfit notes for your payments to continue.

    Follows
    0
    Following
    0

  14. #14
    Basic Account Holder fightingback99 Informative fightingback99 Informative fightingback99 Informative fightingback99 Informative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2009
    Posts
    210

    Default Re: ESA Decision. How long to wait ?

    Quote Originally Posted by Charlie996 View Post
    . DWP did not inform Me by letter of any decision they simply amended the usual payment.

    This of course made me call them.. They then informed me that I had failed to score enough points at the ATOS medical..

    .
    Can I just clarify, are you saying your payment was reduced from Support Group payment of 105 approx to WRAG group 99 approx which means you've still been awarded ESA , just moved group, or totally stopped meaning you haven't passed the assessment.?


  15. #15
    Site Team **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative **Margaret** Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2012
    Posts
    1,476

    Default Re: ESA Decision. How long to wait ?

    :fightingback99:

    Good point. I assumed (praps incorrectly) that the residual payment was disability living allowance.

    Margaret.


  16. #16
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default Re: ESA Decision. How long to wait ?

    Quote Originally Posted by fightingback99 View Post
    Can I just clarify, are you saying your payment was reduced from Support Group payment of 105 approx to WRAG group 99 approx which means you've still been awarded ESA , just moved group, or totally stopped meaning you haven't passed the assessment.?
    What happened was a payment of 45 was made instead of the usual 210 made every two weeks. So I phoned the benefits delivery office to ask what was going on.

    I was told by the rather rather confused person that I had been disallowed because I had not scored enough points. I was also told I would get a phone callicon from the department to explain what had happened and why. That call never came.

    So far I have had nothing in writing from any DWP department to tell me what is going on. But I was made aware by the fact that the benefit was stopped or at least payment was incomplete.

    Thanks.


  17. #17
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2008
    I am in
    debt
    Posts
    3,877

    Default Re: ESA Decision. How long to wait ?

    i would think the payment is in part up to where you failed assessment.....you need to get a GL24 form and put in appeal, this will put you back on ESA assessment rate, until they either change their minds (unlikely) or it goes to appeal....
    i think ATOS are now using the 'mirror test' if you can fog a mirror with your breath, you are fit for work!!


  18. #18
    Basic Account Holder Charlie996 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2011
    Posts
    103

    Default Re: ESA Decision. How long to wait ?

    Quote Originally Posted by debt4get View Post
    i would think the payment is in part up to where you failed assessment.....you need to get a GL24 form and put in appeal, this will put you back on ESA assessment rate, until they either change their minds (unlikely) or it goes to appeal....
    i think ATOS are now using the 'mirror test' if you can fog a mirror with your breath, you are fit for work!!
    Can I ask what is assessment rate ?

    As yet I have had no notification in writing so it seems I can do nothing until that arrives.

    As much as going to appeal fills me with horror I have little choice but to do so.

    The savings I have are now dwindling as the ESA benefit is the only one I have applied for. At one point I had more than the 16K now most of that has gone just keeping up with bills and stuff but at least I'm not in debt.... Yet.....But that will come sooner rather than later if the benefit ceases or decreases ...

    Why is ATOS failing so many genuine people ? Is it a silly question to ask what a full appeal procedure costs ? Along with the need to keep people like the Doctors busy with having to write sick lines ??

    Up until My accident i mid 2007 which kicked of this whole sorry affair I ran a small business and paid a huge amount in both tax and NI contributions. I worked from the age of 15 solidly with not a day of claiming any money at all. I'm 55 now. I feel so cheated that the safety net that I was paying into has so many and such large holes in it ! Sorry rant over ..........

    Thank You all again !


  19. #19
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2008
    I am in
    debt
    Posts
    3,877

    Default Re: ESA Decision. How long to wait ?

    assessment rate of esa is the same amount as jobseekers, about 67 p.w. i would ring dwp and confirm you have failed, ask the operator that you intend to appeal, and also ask for form GL24, i did this and on receipt of my sick note they reinstated money immediately so didnt have a gap in payment luckily....why are ATOS failing so many genuine people, it is this ideological driven govt that is doing this...ATOS are just obeying instructions, 'if you can breath and show any signs of life' you are fit for work...appeals are now running into m's but as from next year if you appeal you wont be entitled to money till appeal is heard!! great init?
    a lot of us feel the same way, after paying in for 35 years now in need, i feel your pain as well but we are insignificant as far as the wider public are concerned...TILL IT HAPPENS TO YOU! then they realise what is wrong the whole bloody sorry mess...dont know bout your area but appeals in mine are taking up to a year to get there, however, they do leave you alone for this time...have a look at the site and read around all the esa failed threads to get an idea....good luck!!


  20. #20
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get Informative debt4get's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2008
    I am in
    debt
    Posts
    3,877

    Default Re: ESA Decision. How long to wait ?

    as an aside they are dead crafty, at my assessment the 'nurse' had written i could go back to work in 3 months...god knows where she got this figure from?' they didnt send me the results until 2 months and 3 weeks had gone by, then stating your money will stop next week....giving me a week to sort it out...i was lucky a lot of people find out when their money suddenly stops !!! it is about time that the people of this country woke up and realised what is going on....no one knows when illness or disability may strike them down, but its the usual 'I'm alright jack' attitude in this country



Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE