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    • Hello,

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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employment and support allowance and medical assessemnt *UPDATED*


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Hi there,

 

I have been on employment and support allowance (depression and anxiety) at the assessment rate for 6 months and sent back my medical assessment form to ATOS 4 months ago, i haven't been called for an assessment yet, have they forgotten about me or is this normal? My boyfriend has only been on it for 3 months and has been called for his assessment though we live in different boroughs. I keep sending my medical certificates to DWP and keep getting paid, not too keen to go to the assessment as it seems as long as you are breathing you are failed and i don't need the added stress all that will bring. I am on medication and am awaiting therapy, does that make any difference?

 

Any advice would be very welcome,

 

Many thanks

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Six months does seem like quite a long time, especially if you've already sent back your ESA50 medical form. What to do depends, really, on your priorities.

 

You could call the JCP office that pays your claim and ask them if there's any reason for the delay. This might have the effect of getting things moving with regard to your medical. Main advantage of this is that if you're found unfit, you'll get more money. Secondary advantage is that it will get it over with. You'll know where you stand and, if you need to appeal, you can start preparing.

 

Or you could do nothing - this is the "don't rock the boat" philosophy. As long as they're still paying you, maybe it doesn't matter too much that your medical has been delayed for whatever reason.

 

If it were me, I'd choose the first option, but it has to be your call.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Thanks Antone!

 

Well, my priorites were to be on the higher rate of ESA which i (naively) would be automatic after 13 wks. Now, it's peace of mind, just want to get better so i can look for work when i'm feeling well. My doctor is lovely and doesn't want me to go back to work until therapy has started and kicked in. Does this count for nothing with ATOS? They seem inhuman and i'm talking about the cases i've read on these threads, not mine. I have also thought the reason i haven't been called before my boyfriend is that he gets double what i am on (because of a previous long term IB claim) and that is who ATOS are seeing first so that they can kick them onto assessment rate asap and save the money pending the 6+months appeal. It does make sense if you're David Cameron et al.

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Thanks Antone!

 

Well, my priorites were to be on the higher rate of ESA which i (naively) would be automatic after 13 wks. Now, it's peace of mind, just want to get better so i can look for work when i'm feeling well. My doctor is lovely and doesn't want me to go back to work until therapy has started and kicked in. Does this count for nothing with ATOS? They seem inhuman and i'm talking about the cases i've read on these threads, not mine. I have also thought the reason i haven't been called before my boyfriend is that he gets double what i am on (because of a previous long term IB claim) and that is who ATOS are seeing first so that they can kick them onto assessment rate asap and save the money pending the 6+months appeal. It does make sense if you're David Cameron et al.

 

The original idea behind ESA (I used to be an ESA processor) was that the medical should be done within 13 weeks in all cases. Hah. That didn't happen. But in theory, a higher rate of benefit should have been paid to those who were found unfit for work after week 13. And in theory all medicals should have been done by week 13. I repeat, hah.

 

Still, if you are found to have Limited Capability for Work (LCW) at your medical, or by an appeals tribunal, your extra payments would be backdated to week 14 of your claim.

 

It's unlikely that your GP's opinion will count for much, at least, not at the initial medical. His or her views might well matter to a tribunal, though. I don't want to say too much about this aspect of things, since I've never claimed ESA myself.

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I started claiming ESA in June 2011 and sent my ESA50 form back at the beginning of September. I finally had my medical on Tuesday of this week which means a wait of 7 1/2 months from start of claim to medical. I have calculated that, if I were to be awarded the required points (though I'm also under no illusion that I'm likely to receive 0 points), then I will at this point be due 21 weeks backdated premium and this is increasing as every week passes!!

 

I do have to say the medical itself was not so bad. The assessor was a nurse herself and was very good about listening to me when she asked questions, she didn't ask any closed questions and also mentioned if something I said would be more appropriate in another section of the report and that she would come back to it. She was happy for me to be up and moving around the room as I became very uncomfortable sitting in their chair. A comment about the centre itself, it was attached to the job centre plus in Guildford (a 30 mile round trip for me that, if I had taken public transport there, would have involved 2 x 15 minute walks for an average person, a bus ride and 2 trains!!!) Unlike some reports I've heard about some assessment centres the medical services centre at Guildford is on ground floor level and the examination/assessment rooms are just a few steps from the waiting room. There were lavatory facilities and a water machine available for all visitors to use.

 

I felt a little sorry for the assessor as she usually works (and lives) in Leicester but had been sent to Guildford for the week as they had to cover the centre or cancel all the assessments booked for the centre. There was at least 2 other assessors there as well but I don't know if they also had been transferred in to cover staff absence or shortage.

 

Now I've got to wait the 4-6 weeks that I've been told it will take to receive the decision about my assessment - and no doubt be told I've faild to receive sufficient points to continue claiming ESA.

 

Feebee_71

Edited by Feebee_71
speelung misstook!!
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Thanks for the info everyone, not going to chase up the medical, the outcome seems already to be decided (will go down the appeal route when the inevitable nil points happens), though when i do get my invitation i'm going to call MIND and my local mental health service for advice before i go to the assessment. I'm not looking for work until i'm better so the government can sod off.

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It should/might help if you can get a comprehensive letter from your GP that explains the basis of his advice and that spells out the risks of ignoring it - most people just have the "fit-note" which does say a great deal and are largely disregarded. Take a copy for the WCA and say you want it filed with their report (the HCP also has to log its receipt within the report) and send a copy yourself to your JC+ claims office - the one that handles your claim, pointing out it is for consideration when decision making.

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Thought I'd update on my previous post following my medical last week.

 

I got a letter yesterday informing me that, as of 22nd February, I am no longer entitled and my claim has been ceased due to being found fit to work.

 

I have now put in a claim for JSA (IB apparently) and go into the job centre on Tuesday afternoon to complete the paperwork and will once more commence the merry-go-round that is job seeking. Just have to hope that, when I have the spinal injections I am waiting for next month, I am still fit to 'actively seek work' as the letter states I will not be able to claim ESA for another 6 months unless for a different condition.

 

Feebee_71

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Thought I'd update on my previous post following my medical last week.

 

I got a letter yesterday informing me that, as of 22nd February, I am no longer entitled and my claim has been ceased due to being found fit to work.

 

I have now put in a claim for JSA (IB apparently) and go into the job centre on Tuesday afternoon to complete the paperwork and will once more commence the merry-go-round that is job seeking. Just have to hope that, when I have the spinal injections I am waiting for next month, I am still fit to 'actively seek work' as the letter states I will not be able to claim ESA for another 6 months unless for a different condition.

 

Feebee_71

 

Is there any particular reason why you chose to claim JSA rather than appeal the medical result to a tribunal?

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Because I'm so disillusioned by the whole thing. They couldn't even get the gender of the assessor right, said things that I never said and I don't trust them to do any better on appeal.

 

Might as well jsut go back to living with my health issues and try to find a job where I can cope with it.

 

Feebee_71

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Well, of course that's your call. Plenty of people do win their appeals, though, just read a few threads in this forum. The appeal is not handled by ATOS or by the DWP.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Hi Feebee, if you're not fit to work, then claiming JSA is a waste of time, I think you should try the appeal route, will will be paid at the ESA assessment rate while waiting for your appeal, don't give up please, this is what the government want. If the assessor said things that you didn't say, then you can point this out at the appeal, please try and get some advice, you have 1 month from the date of the decision, and you need a GL24 form to appeal.

 

Sparky xx

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Thanks guys,

 

I've got a date to have injections into my spine next month and they hope that will make a big difference to my pain levels and mobility.

 

I am fed up with having no money and worrying about how to pay the next utility bill that drops through the letter box. If it comes down to it I'll go and work for a supermarket - would have considered the Tesco workfare scheme if they'd not dropped it as it at least guaranteed an interview at the end!!

 

Feebee_71

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And you felt sorry for the nurse that did your assessment and thought she was actually listening and taking any notice of you .............. I'll bet she never gave you a second thought as she sat ticking all the boxes making you 'fit' for work and thus probably getting a nice little bonus at the end of the month.

 

Pete.

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  • 1 year later...

Hello there,

 

I have been claiming ESA basic rate since September 2011, i had my ATOS assessment in April 2012. Today, after nearly a year of waiting i had my tribunal, the doctor and judge were absolutely lovely and i have been placed in the ESA support group. My health issues are depression and severe anxiety. It has been recommended that i not be re-assessed for two years whilst i am undergoing therapy.

 

My question is, what does all this actually mean as far as DWP are concerned. Can they overturn this decision? My anxiety about it all is creeping back in... i know that i will get more money and arrears, when do the arrears count from and how long will it take? Obviously, i am relieved about the decision but still worried that it is not final and it can be overturned or i will be reassessed again pretty soon and have to go through it all again.

 

any clarification would be much appreciated...

 

Many Thanks

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first of all i want to say well done and im glad your tribunal went the way you expected it.

 

the DWP can appeal against the decision by the tribunal if they wanted too but im my experience it does not happen that much the DWP have to good grounds to do this ive been though 2 tribunals with my sister and the DWP have not appealed against the decision so you should be ok the time scale you have been told is not set in stone though its only a recommendation of time the tribunals ask the DWP to give before your reassessed.

 

you can be called in again for another medical within 3 months my sister was recommended for 3 years they sent her another ESA50 from 12 moths after her tribunal so they can do that if the wish too

 

 

the arrears can take up to 8 weeks to come though and its from the date of your original decision for your ESA so the support component will be paid from then

 

id call them up in a week time and ask them when it will be processed and when you will get the arrears from them as they seem to take it easy when it comes to paying arrears in my experience

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Congratulations, lemony. The time limit from the Tribunal is only a guide. However, the DWP will know how long they've placed you in the Support Group for. For example, I've just been placed in the Support Group and the DWP told me over the phone it was for 3 years, which is the maximum they can do. So, once the dust has settled, give them a ring.

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Many thanks Senamarts and Nitelite,

 

Do you know why the DWP are able to ignore the recommendation and re-assess you anyway, even after 3 months? Is this something that only started to happen with ATOS involvement?

 

Thank you

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Thanks RaeUK.. does this mean that you won't be reassessed for 3 years?

 

I just want to say with anyone with a tribunal pending that it was nothing like i expected, they were very understanding and it makes a huge difference to be believed.

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I'd expect to get another ESA50 a few months before the times up. But, let's be honest, anythings possible and things might be changed before then. I think the length of time in the Support Group is somewhat guided by prognosis and any likelihood of change. In my case I have a progressive disease that can only ever get worse so I was given the maximum time.

With regard to the time the Tribunal says, it is only a guide and not law or regulation. This is why the DWP can choose to ignore or adhere to it.

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Thought I'd update on my previous post following my medical last week.

 

I got a letter yesterday informing me that, as of 22nd February, I am no longer entitled and my claim has been ceased due to being found fit to work.

 

I have now put in a claim for JSA (IB apparently) and go into the job centre on Tuesday afternoon to complete the paperwork and will once more commence the merry-go-round that is job seeking. Just have to hope that, when I have the spinal injections I am waiting for next month, I am still fit to 'actively seek work' as the letter states I will not be able to claim ESA for another 6 months unless for a different condition.

 

Feebee_71

 

interesting, this does seem to back my theory that fit for work desicisons get processed faster than unfit for work decisions. A week after your medical to get that decision seems lightning speed, considering how long the DWP take on other decisions.

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interesting, this does seem to back my theory that fit for work desicisons get processed faster than unfit for work decisions. A week after your medical to get that decision seems lightning speed, considering how long the DWP take on other decisions.

 

It's been a while since I've seen this thread so I thought I'd give a final update.

 

I was on JSA until the latter past of August when I got a job doing domicillary care work, I explained about my back condition and that I would need further treatment following beneficial effects of the spinal injections. I was given a client load that is more appropriate for my back problems so a lot of my calls are domestic rather than heavy personal care.

 

Now 6 months on i'm enjoying the job and getting on ok with my back and recently had the additional procedures which involved burning away nerve ending in my back with the hope of reducing the pain in time.

 

I was thoroughly demoralised by my time on benefits and would do anything in future not to go back on them if I can help it in any way possible!!

 

Feebee_71

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