oh, ok i thought for some reason that they did it for free , that they like the CAB were volunteers ?

The CAB aren't necessarily all volunteers either - before it was withdrawn, some CABs held the legal aid contract for benefit matters, and some staff would be employed as well as some volunteers. A colleague of mine was employed by a CAB. I was a rep at a law centre and was employed to prepare appeals and rep where necessary.

Well i got a response from the Tribunals service regarding a postponement , and my request has been refused without any reason whatsoever, So i am beginning to feel that i have lost this appeal before it's even heard , and that it will be a complete waste ogf my time even going to the hearing,

the system is a complete corrupt joke

Don't make assumptions, most Tribunal judges are very fair and if they feel additional evidence is required can adjourn and put a request in to your doctor for your file, and surgeries often comply quicker when a Judge has requested the info than when you request the info.

Also, they rely a lot on the information you give them about your capabilities and daily life and any info you give them on why the atos assessment was wrong - so put effort into getting this down on paper for the hearing.

Prepare as best you can for the hearing, and make clear in your submission that the hearing date did not allow you time to collect the evidence you wanted to.

Some of the judges maybe fair, but my past experience the doctors who no longer practice aren't fair and would appear one sided and to be doing there utmost to disprove your evidence,

that was the impression i got the last time i appealed the ATOS sham used to find me fit for work, and seem to be able to influence the judge , hence why i see that the odds are stacked against me

Does anyone know how long this should take?

So far I've been waiting 4weeks since i handed in my copy of the letter from the tribunal service confirming that they had received my application for appeal ,

which they copied and are supposed to have forwarded to the benefit centre,

(i was advised that this should speed up the process)

they have also received a fit note backdated to when the previous one expired to a date in the future, but not a sausage nothing,when i ring up and no one can tell me much, Why are they dragging their heels ?

Meanwhile due to being given duff info from one of the many call centre's based around the uk, i didn't sign on when i was supposed to do,

(because of what i was told ,i didn't think i needed to) as my esa would be reinstated automatically

But since had conflicting info, including that you cannot claim esa whilst you wait for your appeal,

I have signed up to date since but still have not been paid for 1mth , and when i last signed i was given a form ESL48JP " notes for guidance"

Had no official notice of sanction verbally or in text form from the JPC

But today on the phone when i asked about when/if i'm going to be paid ,i get told that they have suspended my JSA for 1 mth from 2 weeks before the signing date i missed

To day i found out that they had suspended my JSA from before the signing date i missed, for failing to sign on and no work search ,lol you couldn't make it up,

JSA is a complete nightmare I can't write here what i really think but:mad2: to say the least

What amazes me is how easily they have gotten away with creating this system wich is unfair and not fit for purpose, why do people bend over for them and take it?

Well my situation has gotten worse, due to being given some info from one of the many call centres that answer calls for JSA/ESA that mislead me into believing that once the DWP had received A fit note and the notice that the tribunal service had accepted my appeal my claim for jsa would stop and esa would be re instated until the appeal date ,

As a result of this i assumed that i no longer needed to sign on,

so didn't

i now have 2 sanctions, and have not been paid anything since early October ,

i have no money, no money to get to my appeal is there any way that i can give the benefit centre a kick up the rear to get some money,?

I'm supposed to sign on again soon, and as i have no money I'm unable to search for work, something that is should not have to do !!!

over 300 views and not one can tell me how this decrepit benefit system is actually supposed to work

exactly just how are those who have failed both wca and the mandatory consideration supposed to get ESA re instated at the pre assessment rate until the appeal hearing ???

I know that the DWP need a valid fit note And the appeal notice from the tribunals service before ESA can be paid, but what other hoops must be jumped through before you get paid???

I suggest you call the DWP and request a callback from the decision maker dealing with your claim, they should be able to tell you what's going on and tell you what's needed. The people who are on the helpline often have little training and they have no direct access to your claim, they can only see what's on the notes on the computer as to what's happening, and often nothing has been noted.

As to time frame, I'm sorry, but it's very individual and can be 2 weeks or 8 weeks (possibly more, I'm not sure about work loads right now).

8 weeks !! How is a person expected to live for that long without any benefits being paid? I have no idea who the decision maker is, and which one the one that santioned my JSA or the one that did the MR some 2mths or so ago?

There isn't any doubt about it the current faceless system, that seems answerable to no one is not fit for purpose, and what happens if the claimant doesn't have a telephone, because if someone has been surviving on £72 per week for a long time the chances are they can't afford such a luxury as a phone be that a land line or mobile, (mobile not being able to afford to top it up) which can result in the sim being blocked if no chargeable calls are made, this reliance or assumption that everyone has a internet connection and phone is out of order imo

I don't disagree on any of your points, I'm highly critical of this new 'mandatory reconsideration' rubbish, sold as change to help claimants, when in the fact the true effect is to make things much more difficult, including appealing.

You don't need to know the name of your decision maker. If you can get access to a phone, then call the regular ESA helpline number for ongoing claims and then ask the person on the other end for a callback by your decision maker - they will be able to see the decision maker on the screen and will email them, and the decision maker will call you back. If you encounter any problems in the process, request to speak to someone senior - someone who can actually deal with your request rather than fob you off.

tommy456,

There isn't a time scale for transferring from jobseekers during mandatory revision to employment n suport pending appeal. There's suggestions that it's automatic, but few claimants have found it so. Instead of relying on Jobcentre staff, who aren't trained to deal with Med 3 (unfit) notes or tribunal paper work, you need to be pro-active as described at #6 of;

http://www.consumeractiongroup.co.uk/forum/showthread.php?433833-sending-notice-of-appeal

Unfortunately, through misinformation from contact centres, your situation is now complicated by sanctions, but I've no idea whether the sanctions stand if you can prove the date of your application for ESA pending appeal. There's a system of compensation for maladministration, but I for one, wouldn't try to cope with it during preparation for an ESA appeal.

Come back to us if you want details of the compensation scheme or further help with your appeal.

Best wishes, Margaret.

It's too late as the appeal was heard in my absence despite me asking for a postponement several times even on the day ,due to having no money to pay for the fares, [problem] and for changing the rules (mr) needed before we can appeal and get esa until appeal hearing

Also i feel that i was rail roaded by the HMTCS as they would appear to be very unsympathetic and very out of touch ,

now i will have to see if i can get the appeal decision put a side i think it's called , as because i didn't go and defend my case they all too happily simply agreed with ATOS and DWP

IMO i feel i was victimised by all parties ,

how is what they have done fair ?

it stinks They don't pay you any money for over 5 weeks, could this of been deliberate to make sure i failed the appeal is this a new tactic being used to cut the numbers on esa ?

1,After submitting a backdated valid fit note (med 3) and even taking my copy of the appeal acknowledgement letter , so it could be scanned and sent to the benefit centre (both of which they have) they drag their heels processing the claim,

2, i'm given incorrect info by call centre staff which results in me not attending the JCP to sign on

3, when i find out that i should have continued to sign on (claim jsa) they would not let me sign on (day 5 of 5 of the time limit) as there was a letter from my coach /adviser in my JSA file that i hadn't seen because i didn't sign on,( backwards system geared in the interests of government)

4.Appeal date notice arrived, hearing in only 3 weeks

i signed on twice the following week, then the week after i got a notice which wasn't very clear, but was related to being sanctioned

And have been on the DWP merry go round since and still not been paid a penny why can't customers have direct contact with the benefit centres ? as it is they who deal with the claims and it is they and only they who should have a clue regarding the status of benefit payments ect

currently my JSA claim is closed as advised , the appeal was heard in my absence , i haven't a clue when i will get paid esa at the pre assessment rate up to the appeal date

as the JSA sanction should not affect payment of esa , I'm sure i read that possibly a FOI request

What benefit can i claim whilst i hopefully get the appeal decision set a side So i can get the opportunity to attend the appeal and fight my case ?

Of course i realise that since i signed off the housing benefit will be suspended , which just adds even more pressure, perhaps i would be better just starting a new claim for esa for stress and depression ect caused by a system that ain't fit for purpose ?

I don't want to start a new claim for JSA as that will only end in more stress

..

You sadly have to wait for any pre appeal assessment esa rate to claim to be resolved, paid and closed, then you claim assessment rate (regular) esa while trying to get the appeal decision set aside. I'm not sure if the appeal rate esa claim can run on into the new claim (I've never been an esa decision maker, maybe antone can weigh in).

In order to get your appeal decision set aside you will need to get a statement of reasons of the decision which will help you in requesting a set aside or appealing to the upper tribunal. You have 1 month to request this.

"Statement of reasons of the decision" ? what and where do i find /get that ? is it the letter from the appeal notice of the decision, as they didn't even ,make any reference to some of my medical conditions ,they just blindly accepted the evidence from the esa50 and the farce AKA WCA and it's statement from the so called disability analyst

As for the ESA getting paid as far as i was aware there is only the pre assessment rate which is what is paid whilst you await the appeal hearing , which is paid at the exact same rate and is the same benefit as if you start a new esa claim until the WCA (esa benefit culling process) ,Why they need to stop one claim and start a new one isn't using any common sense oops i forgot they lack in that area don't they

you write to the tribunal service and request a written statement of reasons, this shows their decision making process and evidence that was used for the decision. It is not automatically given, you need to request it. It is important for when you're arguing a procedural or justice point to be able to say 'this is how the decision was made, had I been there I would have been able to give additional evidence which would have affected the outcome'.

Can the fact that i had no money to pay for public transport due to not being paid for so long not be used as a good enough reason for not being able to attend, or be able to afford to pay the fee for a subject access request for medical records, or even get them within the 3 weeks time frame

And then repeatedly refused to postpone the appeal to allow me more time to collect this evidence , even someone at the HMCTS said that 3 weeks notice was an unusually short amount of time given ,is why i think some underhanded goings on where at play here, of course i cannot prove this but i feel the timetable of events speak for themselves

Looking at the letter (doubt or something) they have stopped my benefit from the date i failed to attend to sign on, for 1 month or there about, but nothing as to why i hadn't been paid up until that date some 2 weeks so no money for 6 weeks over , the letter doesn't say i have actually been sanctioned just that cannot pay me because of some doubt, ?? more nonsense me thinks

regarding the not being able to attend,or would the judge expect me to walk 18 miles with a dodgy knee joint to the court building

Well, as I said, first you get your statement of reasons.

Once you have this, you then write requesting leave to appeal to the upper tribunal for a set aside and oral hearing.

You have to give grounds and in your case you would state that there was an error made in not allowing your application for the hearing to be rescheduled so that you had enough time to collect additional evidence and make arrangements to attend, meaning incorrect findings of fact were made (as you were unable to give evidence), causing a breach in the rules of natural justice.

You explain the situation - that you were only given three weeks notice of hearing date and it was unreasonable not to allow you to reschedule.

It would help if you were able to give details of additional evidence you are attempting to obtain

- medical records from GP for instance, letter from consultant etc.

This link may be helpful.

You may also be able to get legal aid through a welfare rights/cab to help you prepare your case.

http://www.disabilityrightsuk.org/appealing-upper-tribunal-against-first-tier-tribunal-decision

But take it one step at a time, first request the statement of reasons. Be prepared that this will take months.

And really, nothing dodgy was going on - it's a huge bureaucracy dealing with lots of pieces of paper, they don't have the time to 'do something underhand' to one in thousands of faceless appellants.

Sometimes things just happen, and no it's not fair and really horrid for you, but all you can do is your best to get through it and get the best outcome.

Writing to the benefits centre ? they have confirmed on the telephone that they have received the fit note and the notice of appeal letter which was scanned and e mailed to them twice by job centre staff So they IMO have no legal reason not to have paid me by now,

You mentioned about making an official complaint seeking compo about this , i'm not really bothered about compo, but i would like to see a few heads roll, although at most they would get a telling off and a slap on the wrist

IMO the system in place , having to ring the call centres speaking to a different person each time doesn't work , no one is taking ownership & no one is accountable it's a one sided system

I seriously cannot see any point in telephone contact with these people are unable to actually help , i will be going to see my MP although i doubt i'll get much help from them , i may try writing to the benefit centre though, fortunately i still have a stamp or 2 left

I've given all the advice I can. You do whatever you want.

Some progress at last, I have been paid the arrears upto the appeal date According to the person who i spoke to at the HTMCS To ask for my case to be set aside, all i have to do is write them a letter giving reasons why i want a set aside, this gets put in front of a judge to decide

If they agree the appeal will be reheard with a fresh panel,if not then i would have to take it to the upper tier which is for the points of law apparently is this info correct ?

Well some progress on the positive side for a change, Now back in receipt of ESA And my GP nominated (Not the one who said they don't do letters any more) is going to give me a covering letter for the appeal,And he seemed more than happy to help, so i will have at least some evidence to back up what i say at the hearing ,

Also I have had a request for authorisation to obtain further medical evidence some 10 days ago, to which i have not yet responded to, and today i received notice that the appeal decision was set aside, although their reasoning to go proceed with the appeal was questionable maybe why it was set aside

(When i first asked for the appeal to be postponed this was rejected 7 days later i received the notice,they just assumed that i had not made any "appropriate arrangements" until it was too late, ???? I'm at loss there, Which part of i had no money paid from before receiving the appeal date until after that date did they not understand ?

The criteria for which benefits qualify is somewhat unfair and possibly discriminative

Income-related Employment and Support Allowance (ESA)

 

You’ll usually get Cold Weather Payments if you get income-related ESA and have any of the following:

 

• the support or work-related component of ESA
  
• a severe or enhanced disability premium
  
• a pensioner premium
  
• a child who is disabled
  
• Child Tax Credit that includes a disability or severe disability element
  
• a child under 5 living with you
  

Not only this example but even before they changed IB to esa claimants who where in receipt of IB again income based, they couldn't access the social fund for iirc a loan for non essential items, where other claimants on other benefits some who where paid more

than those on IB it just doesn't add up, it's not rocket science that those paid less benefit the more that they need help with fuel bills during cold spells in winter

I was at my GP's surgery recently and GP suggested getting a template letter from the CAB , for the purpose of submitting evidence to my ESA tribunal which will be heard in a few weeks time,

Has any one heard of this being provided by the CAB ? Just that the person that i spoke with some time ago who said that they specialise in tribunal's/appeals , they never talked about this to me,

I told my GP that the covering letter has to detail my medical conditions and how they affect my day to day life, & that it would be the emphasis on the being able to do or not do as per the pigeon holes (descriptors) repeatedly & reliably such as being able to walk/mobilise 50mtrs as sometimes i cant walk 2 paces without my knee locking and pain from that other times i can walk longer distances,

I also have had more medical issues diagnosed since the farcical WCA carried out by a nurse, some of these are a knock on effect of the knee problem due to putting more weight on the other leg/foot , currently i can't walk at all without pain ,

To be honest I don't see how a template could be used as every case would be different.

It's just that my GP suggested it saying it would be easier , but has agreed to write a letter covering my conditions and hopefully some info about how they would /do affect my life, although said couldn't influence the decision ( i took to mean couldn't tell them how to do their jobs)

i explained that some help would be better than non help and will also include evidence of my medical conditions such as x ray reports ,and findings on examination, such as some swelling/water retention of my ankle on the same side as my knee difference in muscle volume of each leg ect, and maybe result of oxford knee score, if applicable,

I so far have not been refared to a consultant, as surgery on my knee would be a very last resort ,unless it became unusable resulting me not being able to walk

Tommy, from the perspective of a GP practice all I can say is that your GP isn't likely to be familiar with the different criteria or measures used by the DWP to establish your level of ability to work.

I'm not even sure that a CAB will have this either with the exception of a full blown welfare rights officer.

Ideally your GP needs guidance of what to write, and in what manner. Saying that a condition affects your mobility might not be enough without added information about distances etc. It might be best to go through each of the criteria and bullet point what issues/relevant info/ test results etc might back up or prove your assertions and to ask your GP to base their letter on this structure.

I can't believe that GPs are unaware of the descriptors used by DWP for their assessments of eligibility for ESA which has been around for years. If they are it wouldn't take 5 minutes to show them a copy of the list and to read it.

If I had a GP who needed help to convey on paper what his/her diagnosis was of my case and how it affected my life I would be looking for another GP.

After reading the descriptors that the DWP use even I have been able to figure out that there are only a small number of them that could be applicable to any particular case at any particular time. All one needs to do is concentrate on the ones that are applicable and then give a response to those with a view to satisfying in full the information being sought and in sufficient detail to enable the DM to come to the desired conclusion.

Think about it has explained what is required in one sentence, yet he seems to suggest that it is beyond the wit of GPs or CAB advisers unless they are full blown welfare rights officers.

Honeybee has provided this link on another thread:

http://www.consumeractiongroup.co.uk...iewing%29-nbsp

It may require refining but it's a good start.

As I see it all the GP and/or the specialist, where one is involved, would be required to do was compile a report describing the actual physical or mental condition and its effect on the patient. The claimant could then link and describe how the medical opinion applies to the appropriate descriptors in his/her submission to the Tribunal.

as an adviser and rep I would always do an individual form for each client - it carries more weight than a tick box template.