threads merged...........please keep to one thread per issue

 

dx

Thanks I tried to find the original threads to add this new one but couldn't find it.

I post a thread on here a while back.

I'm on Income Support was sent an ESA50 form by the DWP to claim ESA.

Filled in esa50 form requested a home f2f assessment and recording.

Maximus said dwp decision maker refused me home f2f assessment which was a lied cut a long story short after several cancellations of my f2f assessment being victimised, harassed, disadvantaged and still not allowing me a home f2f assessment I made a full complaint to Maximus the company.

Got complaint decision back by email they apologise multiple times even true to their word they would cancelled my f2f assessment if they didn't make their decision by the assessment date.

Received a letter from maximus they've cancelled the ESA f2f assessment itself and told me they've sent my esa50 form and file back to the dwp.

I haven't heard anything back from the dwp.

I got no intention of wanting to find out my income support payment is carrying on as normal why open a can of worm.

What I would like to know if anyone has had their esa f2f cancelled and their file sent back to dwp what was the outcome.

My gp has since put me on telephone call appointment only and so has the psychiatrist because I cannot leave the house due to severe anxiety and panic attacks.

Begging your pardon but people with severe anxiety are usually prescribed benzodiazepines i was only suggesting you take them to go because part of the reason I got support group was because I took benzodiazepines to go to my assessment which the decision maker said I shouldn't have had to go to because I should have got another paperbased assessment like I did on my first claim.

It worked with you and may not work with others besides I don't think I would tell my GP to prescribe me such and such medicine it won't look right. You receive benefit because you are not fit to work it shouldn't matter what medicine you are prescribe by your GP.

Why do you need a home visit.

You haven't actually said.

I have my genuine reasons. Don't want to sound rude but I'm a reserved person and not very good as sharing to much of my life history to the world.

A template letter is unlikely to be appropriate anyway.

It's probably best if you write in your own words why you are complaining. Keep it factual and simple. If you would like a second opinion, post your draft on here minus any identifying information and I'll be happy to look at it for you.

 

It's a while back now but I had to fight tooth and nail to get a home assessment and ATOS took 2 years and 11 cancelled appointments to get there so I do understand what you're going through, and if your GP says you need a home visit, then that is what you should get. Home assessments can also be recorded.

I found exactly the template I was looking for from the citizen advice website.

Yes Maximus has accepted about the recording of my f2f.

Thanks for your reply.

Begging your pardon I'm not on benzodiazepines the fact that it has many side effects which can compromise one's medical and will definitely make them fail if they are not aware or understand what the HCP asking of them.

If you cannot give a proper answer please do not give one at all.

Maximus must under the equality act make reasonable adjustments and not discriminate or disadvantage a person because of their disability.

Stress or not never give in to those contractors

I would urge any claimant to fight for their rights especially if their case is genuine.

Too many times people are either petrified of the dwp and their contractors and give way to them that gives those fraudsters the reasons to treat vulnerable people worse than animals.

Cutting a very long story short.

Applying for ESA first time in January

two letters were enclosed with the ESA50 form requesting a home visit and recording for a ESA F2F assessment.

Received Maximus letter for ESA f2f assessment at beginning of April at one of their medical centres.

Rang Maximus and told them there was no letter from them to give the reasons why a home visit was not granted.

Was told by Maximus the DWP Decision Maker has disallowed the home visit.

Rang DWP and told them Maximus said the DM has refused a home visit and and asked the reasons why.

Was told by the DWP staff that is was wrong the DWP's DM do not make any decision with regards to home visit nor get involve with F2F assessment that is the job of Maximus their medical contractor.

Went back to Maximus and told them what DWP said the appointment was cancelled. Received couple of phone calls from Maximus requesting a letter from the GP to back up the home visit request.

GP faxed letter to Maximus stating cannot attend a f2f at a centre due to medical/clinical reasons.

Maximus confirmed by phone that they have received the GP supporting letter at the beginning of May 2018 and was told they will send a letter of their decision about the home visit by four different staff.

Received several letters to attend appointments at different dates from Maximus including a phone call to ring them very important and very urgently with regards to a f2f at their centre which was to take place some 3 weeks later strange.

Each time received a phone call two days before the appointments due date to cancel appointments because their recording machine is broken and that it will take a very long time before hearing from them.

Received another letter last week to attend yet another appointment at their centre at the beginning of July

but still received no letter with regards to the home visit whether it has been granted or refused.

Non of the cancellation letters stating appointments was cancelled because of broken recording machines it just said appointment rescheduled sorry for the inconvenience. Maximus has on record they've book for a Taxi as their making reasonable adjustment but send no letter stating that fact.

New appointment letter had not stated a Taxi has been booked for the appointment it just said please attend 10 minutes before the appointment time.

I'm looking for a template letter with regards to disability discrimination and harassment from Maximus/contractor and a sample letter under the equality act 2010 requesting a home visit with regards to Maximus making reasonable adjustments for a f2f assessment under the equality act.

Any help will be appreciated.

Hi All,

I found out from the mum that her daughter actually got 10 point "Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid" but on the PIP claim form I have written “Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid”.

Does “Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid" give you low mobility PIP? Or no mobility at all?

Thanks in advance.

One tip I have, as a person whose job used to involve reading the letters that people send to the DWP, is perhaps stating the obvious but it's surprising how often it's forgotten. It's this: make sure that you say clearly in your letter what it is you want them to do.

 

So you might start the letter a bit like this:

Thank you this help greatly.

If you are just asking how to go about requesting a mandatory reconsideration I think you will find what you want at this link:

 

https://www.turn2us.org.uk/Benefit-guides/Challenging-a-Personal-Independence-Payment-decisi/What-are-my-options

Any problems just ask and we'll try and help

Thank you so much yes this is exactly what I'm asking how to go about requesting a mandatory reconsideration.

If they already have the evidence, all you need to put in the reconsideration letter is why she meets the criteria, linking that to the evidence, e.g. 'as stated in paragraph x of the report dated y, the claimant cannot follow the route of a familiar journey because ...' and 'if she does try to follow the route of a familiar journey on her own she is at risk of getting lost as per paragraph z of report dated a' etc. Make it easy for the DWP and enclose copies of the relevant pages of evidence (no need to send all of it again) with bits highlighted.

 

Was there a face to face, and if so do you have a copy of that report?

Thanks for your reply. The claimant has Autism and her mother has a tracking device on her iphone so she could track her whereabouts because she get lost and then panic and cannot get home by herself and get violent outburst which has been written in her report.

The problem I am having is how to write the reconsideration letter to the dwp, I know what to write about her disability and everything else. I'm just having problems its how to ask the dwp for a request of re-consideration. There are no sample letter about that I can follow.

I would send a SAR for the medical records. Get this as it may help.

 

Then ask the GP for a patient disclosure letter for the most recent visits and why.

 

Then maybe get some reports from the carers I.E. care plan. If the person has a personal assistant too then also one from them. Get as many of the support team to write a report as well as one from the main carer and or parents. This can only but help.

 

Since the Police have been involved ask them as well. The reasons for this is it could assist you when completing the claim forms that the claimant is a danger to herself and others. (I know this seems harsh but it's necessary I think in this case) I will add further help shortly as on a mobile device...

Thank you for your reply appreciate it. The PIP form has already been completed and sent off my friend child got enhanced Care but low mob, the dwp already got all the hospital, doctors, any other person involved in her child autism case, I think the dwp has enough evidence but I will tell her to get in touch with her doctor with with regards to the pip low mobility. I have already done a SAR and will add on the reconsideration letter that a SAR has also been done that should help a bit.

The criteria for higher PIP mobility (assuming she can walk) is "Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid" She needs to gather evidence to explain why. She needs to give examples. For example, there's a route which is rather familiar to me which I always have to use Google maps for. No matter how many times I use GM, I always get lost because my Autism means I don't understand written or verbal instructions. Therefore, would need another person with me. (and because of my physical disabilities, would need another person with me) There are actually only a few routes (which I've had to do several times before being able to do them unaided) that I can do completely unaided.

Thanks for your reply and for those tips appreciate it, I have written them similar in the PIP form it's just wanted a sample letter how to write the reconsideration letter.

Hello All,

Can someone please tell me where I can find a sample letter or how to draft a letter asking the DWP for a PIP reconsideration. I've never written one before and I've been helping an autism to fill in her PIP she just got a reply back to say that her daughter has got the enhanced care but lower rate mob.

I have filled in the criteria properly the letter says she did not get enhanced because her daughter can walk more than 250 yards. Her daughter has autism disorder and Cannot follow the route of a familiar journey without another person, when she's been out alone in her local she's had the police called twice on her because of her violent behaviour which has been written in her reports by the hospital, I've read through her reports myself and the DWP still gave her 0 point. We need to argue her case.

Any prompt reply would be much appreciated.

Many thanks.

Helen

well i just thought id update everyone on my esa assessment. i went for my assessment on the 26th jan 2016 and today i got a letter saying im in the support group and as id waited over 13 months to be assessed they owe me £2700 or there abouts. id just like to say a very big thanks to the folks who gave me advice and said concentrate on telling them about your illness and how it affects you which i did. i was with the assessor exactly 15 minutes when he said that's enough. its like a weight has been lifted of my head but will never forget the way i have been treated by the dwp and i also wont ever forget all the nice folks on here . if anyone would now like any guidance from me ref assessment please just ask and maybe i might be able to help as others helped me, thanks again everyone you are all gems.

So happy for you, we've had good news today also my friend got all her money backdated and today was told she is in the ESA support group without being call for a medical at ATOS and her work-focus interview has been cancelled.

I remember going to the Hammersmith Palais (many, many years ago) and lots of the girls would be wearing frocks with the price tags still attached and tucked down the back so they could return them on Monday !

Hahaha! I remember those days too, you see a frock you like they are pricey buy them wear it on a Saturday night out then Monday take it back and get your money many others did that was quite fun too.

I remember Cathy's story and I'm very glad it's all turned out right; she has a great - and most formidable - friend in you. Hope things are easier for her from now on.

 

Regarding buying a book, reading it then sending it back.. I can't criticise that as in my fashon-crazy youth we would buy a new shirt to wear on Friday night at the disco then return it to the shop on Saturday morning (hopefully not beer-stained), make an excuse like 'unwanted gift' and get a refund. Repeat with different shop next week, etc

 

I was just 'wearing-in' the shirts to make them comfortable for the next person, that's how I saw it

Thank you for your kind comments that book is very expensive just the welfare one costs £500 the whole book cost thousands of pounds google it you'll found out. Desperate times call for desperate measure I'm no solicitor to keep the book besides I bought the 4th edition much, much cheaper I've kept that one but the 5th edition was going back lol.

Depends who the seller was. I purchased a book through an ebay trader, and now they spam my email account with junk "offers"....

 

Helen2264: Well done on all the hard work you have put in over the last year. It must have been very stressful on both you and Cathy.

Thank you Paul, Cathy and I suffered so much she gave up and was suicidal, we've been back and forth to her GP even her GP stood up for her and told me to tell the DWP to ring him so he can speak to them. I became ill myself too and could not take anymore, you either sink or swim I chose to swim back up and fight with everything I had Cathy's case is genuine I didn't expect for her to be put in the Support Group especially after the Compliance officer interview I gave it my all in that meeting I had a feeling the interview was to stop Cathy's benefit yet again, I just could not let that happen I was well prepared for that Compliance interview but the Compliance Officer was not prepare for what happened, I ended up interrogation her instead the DWP and ATOS are corrupt to the core and making too many people suffer.

When the Compliance Officer abandoned the meeting I knew we won, I threaten her with legal action should Cathy's benefit stopped there and then that did the trick. DWP staff are cowards they will not give out the Jobcentre Plus managers names. I have all the managers names from the 3 Jobcentre Plus offices who deal with Cathy's benefit I sent letters to the 3 and threaten legal action I think in the end they've decided put Cathy in the Support Group to keep her quiet besides the DWP and ATOS was always at fault right from the beginning and they know it.

Never give up just keep fighting if one cannot then get someone who can help. lol The compliance officer even said to Cathy, she is lucky to have a friend like me who fight for her that her trying to be nice once she knew she'd lost that war.

Bit mean sending the book back

Don't judge a book by it's cover my friend and I suffered much hardship when her benefit stopped, I had to support her, my young son, two pets and myself, paying rent, council tax, utility bills and food shopping on my Income Support money. I had no penny to rub together that book costs £500. When Cathy benefit was reinstated we used the back payment to purchased the book how ironic but we don't need the book because we found the right place to go for all the benefit laws.

The seller was happy to refund before the 14 days was due besides I do not need to explain to you its dog eat dog world out there you keep hold of every penny once you've experienced starvation even my poor pets was suffering. pfff.

The DWP at the moment is sending new and existing claimants to the Customer Compliance Officer its their new way of getting people off benefits. If you were found not to be a couple in September 2012 and nothing has changed between you and your carer then you should be ok and to tell the Compliance officer nothing has changed since that decision was made you are not living together as a couple.

1. Have you told the Compliance Officer that you were not found to be living together?

2. Have you got your letter from the DWP in September 2012 saying you are not treated as living as a couple?

3. Did you ask the Compliance Officer why they've decided to check about the Living together?

Someone living in the same house doesn't mean you are living as a couple there are many ways people come to live in the same households.

One thing I am not sure is about your joint tenancy but you both claim separate housing benefit and council tax perhaps that's one of the reasons for the Compliance officer's visits. Yes it is up to the decision maker but they must make a fair decision about your living in the same households in your case it would be 'Needs for Support' your carer is living in the same households because you cannot care for yourself.

I hope things get sorted for you.

I went to sign on yesterday and came away shaken and in floods of tears.

 

I was called over to see the advisor who was going to sign me and had my written jobsearch evidence with me.

 

They asked me how I recorded my jobsearch and I said written on the forms that are given out at the jobcentre. They asked why not on universal jobmatch and I stated that I was happy doing it my way as it kept things clear in my mind.

 

The advisor then when on about how when electronic signing comes in, the pads are there on the desks already, then I would have to provide my jobsearch evidence using universal jobmatch, no ifs or buts as it would be checked remotely by another office before payment is released and if I refuse access then I get no money and my claim will be closed or I will be sanction.

 

I didn't know what to say to this, never heard anything about this so didn't know if they were lying or what to me. They kept going on and on about access to my universal jobmatch account and wouldn't just accept that I was saying no and wanted to record my jobsearch my way.

 

In the end I was getting myself so distressed I had to call my friend over, I take my friend with me I suffer with terrible nerves and get so anxious every time I go near the jobcentre as I am unsure of what will happen each fortnight. By the time she got over I was in floods of tears and was gasping for breath.

 

The advisor then said sign that and told my friend to keep quiet as she was not allowed to speak. They told me this would be discussed on another occasion as access will need to be given.

 

I felt like the advisor was like a dog with a bone and wouldn't let it go no matter what I said.

 

I am now scared of what will happen the next signing day.

 

Can anyone offer any advice at all?

 

Thanks

I would advise you to get hold of the Welfare Reform Act 2012 google it and download then read all about Job Seekers make sure you carry the part about Universal Job Search on you every time you attend your jobcentre plus appointment. They tried to catch my young son I took copy of the UJM part from the welfare Reform Act and made my son carries it at all times, I also on his behalf spoke to the dwp and read the part about UJM they never bothered him again. It was me who found a job for my son, he has been working full time since September last year a good job he is Accountant Assistant to two directors and love his job.

The DWP and ATOS can be beaten I know from personal experience.

Hello Everyone,

Some of you may remember my long story about my friend Cathy her benefit stopped etc. I spent last year studying benefit law it's a must to fight the DWP and Atos. MP, Ombudsman didn't get much help in the end I took matter in my own hands and deal with the big bad boys both Atos and DWP anyway just got a phone call today Cathy is in the Support Group ESA, she didn't even call to attend a face to face medical. I enclose a legal threat together with the ESA50 should the HCP not qualified.

As soon as her benefit was reinstated she got sent an ESA50 questionnaire on the same day her money was in the bank, harassing rude and abrupt phone calls from the DWP then got called for a Customer Compliance officer interview and work-focus interview on the same date and time within 3 days. I told them no way that was going to happen.

I accompany Cathy to her CCO fraud interview last Wednesday that CCO did everything to stop her benefit that's a new way the DWP are stopping people money every new claimants are sent to the Customer Compliance Officer but each time I fought her, Cathy's case is genuine and its the DWP who illegally stopped her benefit in the end the Customer Compliance officer abandon the meeting I never saw her again, she let her colleague deal with me what was meant to be an hour appointment I stayed for 3 hours and wrote the MF47 statement myself the CCO didn't like it one bit but I was not going to let them win in the end we won. Cathy is so happy especially not needing to go for an Atos Medical.

My advice learn as much as you can about benefit law and throw DWP and ATOS own guidances at them you will get anything you are entitled to. My experience I did not go for Mandatory Reconsideration that's a cop out anyway also if you go for their Tribunal etc the DWP can overturn things in their favour if you take them through to court they cannot touch you once the judge made a decision. I wanted to take them to court they hated it because they know they were in the wrong right from the beginning.

Every letter I wrote to the DWP and ATOS I enclose threats of legal action they had nowhere to go the end results the Support Group. Now I shall go for DLA or PIP I'll make sure she'll get that too. I purchased the Halsbury's Law of England 104 Welfare Benefits & State Pensions Drabble 5th Edition from ebay then sent it back once I got reference I needed that book tells you all about Social Security benefit law you won't even come across on the .Govt website.

Please people fight for what's rightfully yours, If I've done so can anyone. I've done it without the help of CAB, MP and Ombudsman they are corrupt too. Please be very careful with Customer Compliance Officer they are corrupt and can cut your benefit that is their intentions.

Have a good day all.

hi i receive esa i was living with my friend but not claiming any form of housing bebefit i just received my esa benefit but now my friend is moving and i have no fixed address ive been staying with friends and family but now ive been told my benefit will be stopped because ive no fixed abode is this correct any one im disabled and in the support group of employment and support allowance how will i be able to live im worried sick can any one help me please

You can use a corresponding address to receive your benefit, you don't need to be living at that address but you can use it for all your correspondences. Can you please tell me who told you, your benefit will stop if you do not have a fixed abode because that is wrong?

Update:

 

Had my appointment today.

 

I live with my Ex, it was about living together as a married couple. Have been assessed before and passed without problems, but someone has rang and said something it seems so going to a decision maker, but pretty sure its all ok. We are not together, no ties financial or otherwise etc.

 

One other thing that turned up, I claim SDP, because although I live with someone, I am not living with them, so am a single person. They said I am not entitled to this benefit and I need to pay it all back - because I live with someone.

 

Now firstly I am confident that I wrote on my claim form that I live with my ex but we are not a couple, so I have in no way defrauded the DWP, but secondly, I thought it could still be claimed in my situation? If not then I will pay it back so im not worried about paying any of it back, but does anyone know the specific rules regarding this?

 

I was sure that if you live with someone, but not as a couple, that you can claim severe disability premium? She has cancelled my claim for this as from today, and is looking into the overpayment, but I just want to be clear on its rules.

 

Thanks a lot

I am afraid you've actually told the CCO you are living with your ex it is extremely important how you phrase your words when it comes to DWP staff. You don't need to be a couple to be found living with someone, living with someone can mean sharing accommodation, cooking, cleaning, socialising, shopping. You need to prove that you are not living together as a couple.

About the overpayment it could have been done in 'good faith' which means it was not your intention to fraud the benefit systems. In 'bad faith' means you have intentionally claim SDP knowing you should not have made that claim because you are living with someone.

Please get as much advice as you can.

My naivety was to believe that the complaints system in the DWP works. I have been through it up to the PHSO with the ‘support’ of my MP.

At each stage each person added more false allegations without evidence. The regional manager even claimed that I had been sanctioned when I had not been – you would think I would have noticed the gap in money coming into my bank account. As they got away with it they are still carrying with the deliberate mistreatment.

I have traced the instigator of most of these to the JCP manager. It has cost me a lot of extra money (on loan) keeping my skills up to date and throughout doing voluntary work. Through my own efforts I have been lucky to have secured a professional voluntary role.

Promises made of support similar to some of my peers have been withdrawn at the last minute. I would like to recover some of these extra costs to bring home to the JCP manager (if possible) that their role is to support people into paid roles [i am aware that JCP are the last people to get anyone a paid role]. However it is not with a smirking face to add extra obstacles.

In the case whose conduct has not been so critical I am taking the complaints system in one go whilst trying not to waste too much time on it.

I've read through your post and trying to figure out what are your complaints, are you a worker of the DWP or a DWP claimants? If you have names of those JCP Managers it should not be a problem. You've got your MP involved that's a start it makes things legal the rest

you should be able to deal with not much problems.

Hi,

 

I have now got the decision makers scoresheet and something is puzzling me so if anyone could just clarify things please.

As mazoo suggested, you need 15 points to qualify for ESA, but then need to meet the criteria for Support Group, I understand that.

What is puzzling me is, if you are awarded points for some of the actual Support descriptors surely that would mean that you have met those requirements. Or am I missing something.

 

Thanks

Do you mind if I ask how long have you been receiving IB before ESA?

Hi All,

Happy New year 2015 to you all. I hope you all had a good Christmas and New year.

Can someone please tell me is the National Insurance Contributions ESA mean tested?

My friend's letter from DWP says:-

We will Credit you with National Insurance contributions while claiming ESA?

Does that mean it is not ESA Income related which is mean tested? Does that mean the esa is actually being paid by National Insurance similar to ESA Contribution-Based?

Thanks all.

helen