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stalin's dead

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  1. anyone?, Even though I failed my ESA appeal i intend to reclaim ESA but at present im not in receipt of ESA so is it essential to submit sick-notes? This is clarification because today I submitted one for 3 months which I assume is the correct thing to do? many thanks sd
  2. leemack I concur The person I spoke to had no idea which is worrying because you expect DWP employees to know the rules that potentially can impact upon peoples lives Im off to the CAB this morning Many thanks for your input and efforts to date Cheers SD
  3. ''Girdy - Posted: 7 Apr 2011 at 8.58 am - forum member Rochdale CAB, NW Total Posts: 16 Joined 1 Jul 2010 I have a few clients who are claiming assessment rate ESA whilst waiting for their ESA appeal and during this period have a further medical assessment, again failing to score 15 points. If they loose their appeal do you think they can reclaim ESA, because more than 6 months have paased since the decision inder appeal or will they have to wait 6 months from the date of the most recent assessment, which ocurred pending the appeal. I hope that makes sense!'' -- the above is from rightsnet.org.uk and is exactly the position i am in at present and here is the link: http://www.rightsnet.org.uk/forums/viewthread/1283/P0/
  4. - lm well I spoke to the DWP and they said i failed my second WCA (depression related to my epilepsy) and scored 9 points which made no sense what they gave me a big zero for my epilepsy on WCA1. I was shocked by that alone they did say that the appeal covered both WCA's which i said was nonsense because the tribunal could only by law take into consideration evidence from the WCA1..that alone is bull from the DWP and cannot be right then they said the 6 month rule mean't I could make a new claim but would not be paid until a new WCA had taken place .. i feel im having the wool pulled over my eyes here and I still do not understand this 6 month rule for ESA payment purposes.. I failed WCA2 on the 19 dec 2010 but failed the WCA1 way back in mid 2010 so not sure from when the 6 mth rule kicks in going to CAB in the morning to get things really clariified unless anyone can provide light on this many thanks sd
  5. - I spoke to the DWP this morning and they're now confused as to how i should move forward. Ive rec'd the new ESA50 following my failed appeal on WCA1 but like you said i failed the WCA2 but was never informed of this by letter. The DWP can't understand why I was never informed of the failed WCA2 so they're coming back to me this afternoon to clarify where I stand. I have asked them if I could appeal the WCA2 decision but since I was never told of it then this is something they will clarify The important thing is I am in receipt of a meagre income just to buy food etc. The timeline is this WCA1 (epilepsy) failed Aug 2010. Appealled and lost appeal 10 days ago WCA2 (depression and therefore a new condition) failed end Dec 2010 but was never informed of outcome From what date is the 6 month rule triggered?! Bloody confusing especially for an epileptic!! So will the DWP let me appeal the WCA2 and stay on assessment rate or Reapply for new ESA claim based on epilepsy/depression? I think you're right that I should make a new claim but will I get paid ? I mean, its ok making a claim but will the DWP pay the claim!! Ive taken up for too much of your time mate and its appreciated many thanks SD
  6. Can anyone confirm the following: I failed a first WCA for epilepsy, appealed and lost While awaiting the appeal date for the above I was brought in for another WCA(the GP in his wisdom put depression as well as epilepsy on my sick note) because of a new condition of depression (epilepsy and depression are common bedfellows). I filled in another ESA50 and then went for the WCA but i was never informed of the outcome of this second WCA and assumed it was an extension of my epilepsy appeal. Can I appeal the second failed WCA for depression? If not what are my options? Im just totally confused now about the 6 month ruling thanks sd
  7. 'The HCP then rattled through my ESA50 at some speed. My reason for being incapable for any work is due to depressive illness but in the interests of completing the ESA50 truthfully I listed a few more minor ailments. As soon as he reached the trigger finger information he seized upon it and said "Ah, you suffer from trigger finger?" I explained that I did have TF and that it affects me occasionally. He replied that "trigger finger is a neurological condition, and needs to be assessed by a qualified doctor, so a "nurse-to-doctor-handover would be required" The HCP was a nurse. This was the stated reason for the premature termination of the assessment, but the real reason was my note-taking, because he seized on the trigger finger issue as an excuse like it was a Get-Out-Of-Jail-Free card'. I found the above on CAG @ http://www.consumeractiongroup.co.uk/forum/showthread.php?261162 (dated May 2010) even an ATOS rep confirms what i suspected how does leave me and the validity of my WCA decision? thanks
  8. It's me again! I need a little direction on something Ive just discovered from the ME site. Someone over there did a FOI submission to ATOS who confirmed that 'neurological conditions' should be assessed during a WCA by a doctor and NOT HCP or nurse (health care practitioner). I have epilepsy and was assessed by a HCP. This is obviously wrong according to DWP/ATOS's own rules. Is this an error in law and can I appeal to the upper tier tribunal? Moreover are you still paid the assessment rate during the appeal to the UTT or does the assessment rate end following the first appeal? Surely if Ive been assessed by the wrong person then the initial WCA verdict is absolutely wrong and void. Can I demand that ATOS do the WCA again using a doctor rather than a useless nurse who knows nothing about epilepsy? If ATOS have failed to conform to their and DWP rules then surely the WCA is void? Any ideas? Thanks SD
  9. apologies but ive found an insider's guide though any pointers would be welcome sorry and thanks sd
  10. Just rec'd my ESA50 for new claim and I need an insider's guide to complete the ESA50. What I mean by that is a guide that is used by Welfare rights, CAB people etc rather than DWP guide which is essentially crap A link would be great and any pointers/advice to present my case in the best possible light if that is possible! Many, many thanks and appreciate the help rec's to date cheers SD
  11. - kel rang them this morning and requested the ESA app forms. I'm not hanging around for them to contact me thanks sd
  12. I've satsified the 6 month rule by at least 3 months so that's ok so will await a letter from the DWP confirming they've been told by the appeal tribunal that my appeal was disallowed and then i shall reapply for esa thanks for responding appreciated sd
  13. thanks flump..any chance of answering my other questions ive just posted so quickly!!! appreciated sd
  14. Can anyone with experience of an ESA appeal process answer the following: How long does it take (in days) for the DWP to inform me of the cessation of my ESA payments? How long does an ESA reclaim now take following a failed ESA appeal? appreciated sd
  15. thanks very much for that advice I failed my ESA appeal so will have to reapply. I did inform the council of this and will await some mail from the DWP and the council and take it from there but now I know I can claim HB then that's ok many thanks sd
  16. My ESA appeal claim as been disallowed and at present I am waiting for clarification from the DWP on the way forward but I just need to know if I can still claim housing benefit if i'm not in receipt of any other benefits like ESA or indeed JSA? Not sure about the rules surrounding this 'benefit hinterland' many thanks
  17. Just another question: Do the DWP take into account previous ESA50 submissions when assessing a current claim ie will they look at your history of applications and what you wrote in them or are they by law forced to base a current decision simply on the evidence provided by you in the 'active' ESA50? thanks
  18. It's me again!! Sorry, about this but I need clarification on some points My epilepsy is nocturnal ie i suffer seizures when asleep (though I have suffered them while awake). At my appeal tribunal they appeared to suggest that nocturnal epilepsy and 'daytime' epilepsy (while awake) are totally different and that one involves a loss of consciousness (daytime fits) and the other (nocturanl epilepsy) does not.They appear to believe that being asleep equals being unconscious which is simply ridiculous. That is the inference that I came away with from the appeal. Now this is utter ignorance on a grand scale Having a seziure while asleep means you are unconscious which is not the same as being asleep but the ignoramous's at the appeal appeared not to understand this. I need to know how the DWP differentiate between the various type of epilepsy because I suspect ignorance could undermine my case which is simply not acceptable Nocturnal epilepsy involves a loss of consciousness - fact..the appeal people appeared not to agree with this and I want to challenge this sheer ignorance many thanks apologies for another thread any advice appreciated sd
  19. excellent reply. I think you've hit the nail on the head that's precisely how I intend to approach my next appeal should i fail another wca thanks
  20. just found this report from yesterday - what is incredible is that being represented increases your chances of success by 2/1 'Employment Minister Chris Grayling’s press release yesterday provides an interesting spin on the stats. Hasn’t it always been the case that about a third of all claimants remain on incapacity benefits only for a short period because they have a short term illness (isn’t that why Sickness Benefit and SSP are known as ‘short term benefits and ESA is paid at assessment rate for 13 weeks?). Is Grayling suggesting GPs have suddenly started to issue med certs to large numbers of claimants who are actually fit for work or has he discovered a way to stop people becoming sick in the first place? TS stats for the four quarters of 2010 obtained under a freedom of information request show (subject to any error in our maths type disclaimer - NB the TS figs are rounded) show for ESA appeals in 2010: disposed of at hearing 114,000 (of which 75,700 oral hearings) upheld 56,400 allowed 43,100 rep attended 18,000 (of which 12,100 allowed) NB: we are advised that from the 1st qtr of 11-12 outcome by representation etc will again be provided in the quarterly Tribunals Service data sets when published. Therefore 38% of all ESA appeals in 2010 were allowed (67% where the claimant was represented [which assume includes where the rep indicated was family or friend rather than a WRO etc). These stats broadly reflect those under the AWT/PCA, illustrate the value of competent representation and how badly the WCA is applied in practice. Perhaps Chris Grayling’s statement should read: “Once again we have clear evidence of the poor quality of the assessments provided by Atos Healthcare and the large number of incorrect decisions being made by my colleague the Secretary of State. We now know very clearly that the vast majority on new claimant for sickness benefits are genuinely sick and unable to work just like they always have been.” “Thats why we are taking no action to change the Depts. multi-million pound contract with Atos Healthcare or improve the quality of decision making and so reduce the number of appeals. We will, of course, continue to bury our heads in the sand and pretend that there is nothing wrong with the application of the WCA. It can’t be right and proper to try to save tens of millions of pounds of taxpayers money on a process that is not fit for purpose. We might, however, consider chnaging the name of everthing again and hope that the issue will go away' - ***Therefore 38% of all ESA appeals in 2010 were allowed (67% where the claimant was represented [which assume includes where the rep indicated was family or friend rather than a WRO etc)*** I find the above statistic quite incredible. 38% allowed when not represented, 67% when represented !!! Speechless..why does it make such a difference? What are the reasons for such a disparity? If only I knew this some time ago!! It appears the message going forward is 'take someone with you who knows what they are doing or if not a family member or friend) GLA
  21. thanks for contributing to this thread guys/gals appreciated and will follow your travails with eager interest I fully intend to submut a new ESA claim now ive been told by the DWP that I can thanks SD
  22. Nyst, of course, yes, I did one of those. A little confused about what you mean't. thanks anyway cheers
  23. - no, they didn't ask me how i got there which i found odd but then as an epileptic im not braindead imbecile.i can actually navigate my way to places!! It's when im unconscious on the floor that im not that capable! Unconscious people are not up too much!! pathetic really but ive paid my taxes for 24 years and im not walking away with my tail between my legs. I need the state's support NOW and the state is doing its best to deprive me..well, im not gonna accept that bull**** i will carry on
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