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Everything posted by speedfreek

  1. Apologies for my complete hi-jack of this thread! Had my telephone assessment and it was fine. For me it was a lot less stressful than the usual ATOS tactic of making me wait for an hour in their assessment centre waiting room so they can tick some box or ought! To cut a long story short the assessor was a physio but had a lot of empathy which is always good and sort of understood the issues with mental health so........ Had my GP records as well which is a 1st and imho a welcome development as he told me when my last GP app was and then started pre -facing (is that the right term?) answering the questions he was asking me? Letter arrived this week and I've been moved from the WRAG to Support group! Result! So stranger things have happened at sea! It's only taken 10 years on ESA so......
  2. I'm not sure what you are getting at here? Right the ruling means that effectively the Mandatory Reconsideration legislation was un lawful so was never laid in regards to ESA! So anytime the MR phase was forced on a claimant it was unlawful because it's never existed! Got it? So what does that mean today? All ESA claimants who now get a negative LCW or LCWRA can lodge their appeals direct with HMCTS and as soon as HMCTS accept and inform the DWP of that acceptance..... ESA is put back into payment at assessment rate backdated to that decision.......... That site we're not allowed to post here has a very good summary on this sort of....... Oh yeah the 1 month appeal myth? PIP is now officially 13 months - DWP lost another JR on that one quelle surprise? Once I sober up need to lodge my 2nd mandy for PIP to get mobility again!
  3. From what I can tell this applies to LCW/LCWRA decisions only; If you need money and can't hold out until HMCTS inform the DWP then I think UC is the only option. Failure to attend and non return of forms etc then you have to claim UC if you need an income as until that decision is decided you can't get ESA. What happens if you win that one? NSESA+UC top up - new one on me - you appeal both ESA + UC and the ESA element can be put back into payment. Confused? Best to follow that thread and read the adm posted and any others that might come next!
  4. Happy days! See here for details https://www.rightsnet.org.uk/forums/viewthread/16374 The new ADM (decision makers guidance) for ESA is on a later post there but confusing - well DWP are going to DWP speak So lodge those SSCC1's with HMCTS and get your fit notes ordered from your GPs from day 1 of being informed of that negative decision. We're getting paid assessment rate again as soon as HMCTS notify the DWP you've lodged. I'm off to run naked in the street!
  5. Just found this bit of info which might help others https://www.rightsnet.org.uk/forums/viewthread/16527/ This might be good news o/
  6. Jinxed my self answering this one! Got a telephone call on call on Thursday 11:30 am from IAS well Atossers So am awaiting a telephone assessment 9am this Thursday. So be aware my ESA50 was sent back end of March as the holiday is over! Boo Boo! Quick question can anybody remember the days required for notification of a WCA appointment? I'm probably over thinking it........ I said a cancellation appointment was a bad idea then was offered that appointment. Bait n switch plus disability discrimination complaint against Atoosers would be a nice distraction.... well something to do Corvid lockdown
  7. Yes! I'm in the same boat atm. Sent off an ESA50 received right before everything went into lock down. If like most you'll be having a face to face assessment that ain't going to happen for a while and even when they start up again there's going to be a massive backlog to get through. So enjoy it whilst it lasts
  8. Your work coach can't state that your fit note is invalid as that's preposterous. They should now tailor your claimant commitment to reflect what is stated on the note. How UC works is that a fit note may trigger a WCA (work capability assessment) if the condition lasts for more than 3 months. It's automated so a valid 3+ month fit note will trigger the IT to issue a WCA notification (* see side note below) But before that a valid fit note triggers a round of Claimant Commitment negotiation of what you are now realistically able to do. If your work coach is ignoring the fit note then a complaint is in order! Have a read of this https://claimantcommitments.org.uk on arguing the CC and avoiding sanctions. CPaG also have pre action judicial review templates on this as well https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters as they think this issue is rampant and needs legally challenged. * it's a big issue with ESA transfers as when the DWP mess up the transfer on to UC (ESA should carry over with the LCW & LCWRA added from day 1) they often ask for new fit notes which if you are long term disabled will naturally be 3-6 months from your helpful GP. So it auto triggers a new and un necessary round of WCA.
  9. Hi UB I might have been a little shy of the mark here as......... this applies after the Mandy (Mandatory Reconsideration) once you have submitted the SSCS1 to formally appeal to the Tribunal Service So the scenario where by after the formal appeal is lodged the DWP call you out of the blue and offer you a low ball benefit offer i.e. lower than what you're asking for in your appeal submission; so ask for PIP SR Care and SR Mobility and get offered one but not the other and so on... etc.... This is a little different than them conceding (or being told to) where by you receive a letter from the DWP awarding what you asked for on the SSCS1. Finding out a bit more at the min so will update more if I find out anything worth mentioning I was concerned about the timing of these offers. Apparently they mainly occur a couple of weeks after lodging. If so you should accept - then lodge a new SSCS1 if needed - no need for a new Mandy phase! If you get an offer at a way later stage (not a concession like mine) then it's more of a thinking decision; as is the new reset appeal waiting time (accepting lapses your original appeal) of 6-9-12 months+ worth more than what you might lose in grants/mobility cars etc than just going ahead with the current and winning it? Hey ho Similar benefit system Unfortunately one of you nice mods might have to update the Appealing a decision threads to reflect the new more complicated reality of what to do with an offer at Mandy and Apres Mandy stages
  10. Interesting very interesting! Shamelessly stolen off rightsnet thanks to user Stainsby more info here https://www.rightsnet.org.uk/forums/viewthread/15646/ any MR offer you accept ends the MR phase so you can then take that offer and lodge an appeal to the FTT off the back of it!
  11. There's a bit of a storm brewing with DWP post handling sites in meltdown but also with PIP Mandys. It may also spread so beware and if you can call the relevant benefit helpline if you have no notification after 10 days. Basics are PIP seam to be operating it doesn't exist until and will only be assigned to the Mandy queue once you telephone the help line. My experience with my 1st PIP Mandy (0 Points after DLA Conversion) - Sent off my PIP mandy request (with proof of posting) 3/10/19 - forgot about it until I read rightsnet so called on the 23/10/19 and although my request had been received a while ago it wasn't until I phoned the PIP helpline number and asked about it was it picked up and allocated to the correct pile to be seen. PIP send out text messages when actions occur and mine arrived when I was still on the phone to them. So my 10 weeks (their estimate for a response) to my mandy response only started from 23/10 and not from when it was received. It had Formal Request for a Mandatory Reconsideration in big bold letters on the top so not exactly ambiguous on what it was either. Have a read of this which confirms my experience this morning. https://www.rightsnet.org.uk/forums/viewthread/15051/ There's also been issues with the post handling sites and also with the HMC&TS online appeal registering service not actually registering your online appeal Post sites here https://www.rightsnet.org.uk/forums/viewthread/15037/ In other news I my PIP Mandy might have just broken a World record as I was awarded SDL PIP in a letter dated the 25/10 Only 8 points and still 0 for Mobility - so I may have to mandy this current decision. Tough call this one as SDL + SDP on my ESA is it worth risking the whole award for an extra £20?
  12. Your post is a bit vague! What type of ESA? Income (IR) or Contribution (CB) Deprivation is about savings (not spending) which only matters for IR ESA and doesn't matter for CB or PIP. You talk about they have spent 12k on drugs.... say for example I drink a bottle of Jim Beam a day for 4 years at £16 a pop that's £24 000 (give or take a ton). What they spend their money on or how much of it is not the issue of the DWP.. Unlike the red tops imho if a disabled person is made happy by spending it on cocaine and hookers then I'm all for it. If it's an addiction issue then since they're seeking help I'd concentrate my efforts on that.
  13. Thank you for joining us! Just one thing the rightsnet forum is closed to posting by all but subscription from a verified WELF organisation verified by said organisation so........ If you were what you say you were you'd know this! Hey ho!
  14. Didn't think about people actually doing it deliberately!............ So we have 1 fraud.... which online advanced ID verification was specifically designed to stop...... Coming in 2 variants; 1, taking advantage of vulnerable and poor people - which is despicable 2, claimants themselves getting a bumper advanced payout - which is moderated for my language Idiots f*** em vulnerable people we need to protect... although I have a seeking suspicion the DWP will add A to B and f*** em over!
  15. Is the 2023 date for this to become law or have I miss read everything?
  16. Yes she can! So the question then becomes should she? Well PIP has 2 levels and we all know points make prizes! Therefore run a few online PIP tests, go through the descriptors with a fine tooth comb and work out what her new point score would be and if it moves her up a level....... and if you have your arguments and evidence to back that up then - nothing ventured nothing gained (see * footnote) If it doesn't then leave well alone! * (foot note) any re-assessment comes with risk of the loss of the whole award and having to wait until you win at appeal. If you have your arguments and evidence to back that up then when it gets heard a appeal (note not mandatory reconsideration - which is a joke at best) ; the DWP have to prove why they reduced an award on top of that argue why the award should not be increased. I've won 3 DLA appeals doing the above and am expecting the same with my current DLA >>> PIP conversion - place doubt then argue your evidence focusing on your evidence and how it fits!
  17. Not a hack "as such" but a social engineering hack..... See here https://www.rightsnet.org.uk/forums/viewthread/14469/ Either way; pre warned....... told that this would happen....... etc.......... Hello
  18. Contact Shelter now https://england.shelter.org.uk Also try and find a local legal advice service https://advicelocal.uk If you had home/contents insurance with legal advice call them. Non of that sounds right or legal so.....
  19. Have a look at this CAB guide as you've not mentioned if you can actually cook, do cook or have somebody (wife/carer) do that stuff for you. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/3-prepare-and-cook-meal/ Note I'm by no means an expert on this and am currently learning as I go. The point scoring on that question is a. Can prepare and cook a simple meal unaided. 0 points. (so tick No on both questions) b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal. 2 points. c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. 2 points. d. Needs prompting to be able to either prepare or cook a simple meal. 2 points. e. Needs supervision or assistance to either prepare or cook a simple meal. 4 points. f. Cannot prepare and cook food. 8 points. So with the problems you describe; you might use an aid - so Yes/Sometimes to 3a you also might not be able to cook or it's dangerous for you then Yes/Sometimes to 3b You then expand on exactly how, what and why for both/either in 3c You can select Yes/Sometimes to more than one sub question in a group. I'll also be using this https://www.carersinsouthampton.co.uk/advicenow-how-to-win-a-pip-appeal-guide and this https://www.disabilityrightsuk.org/personal-independence-payment-pip
  20. As I can't edit the above........... When I said no above - that's to the can you do it - which means you can tick which ever yes boxes apply for that PIP question.
  21. I'm going through the same process atm. 1st things 1st phone the 0800 number on the PIP form and ask for an extension on when you need to send the PIP form back. You'll be given an extra 14 days on top of the date the original letter etc state no questions asked. Did this yesterday no fuss no bother! Now as for your question........ I can't help you answer that directly as you have to figure that out. With the YES/NO/Sometimes boxes the term you need to understand is "RELIABLY" This a DWP term which means many things but under DLA meant somebody do the same task without my disability v's me. So if you can do something safely and repeatedly. If doing said task means it causes you harm or means you can not do it or any other task for a protracted period of time then you can answer no. Sometimes is a bit of a judgement call Yes is basically it has zero affect on you or you life.
  22. If you are of pension age then lapse your PIP claim ..... you do realise that you now can't make a new disability benefit claim? Existing disability claims pre pension age carry on after pension age. So...... Your call of course but if you had a Indefinite DLA Award then you stand an excellent chance of a PIP award till end of life! When ever that might be! Don't claim then.... well I can't understand it tbf!
  23. Indefinite is what DLA for life awards became when PIP was introduced. Zero reassessment (unless you got caught up in a random quality review) but would end on an indefinite date when transition to PIP happened. I'm sorry you've had issues with the ESA back payment trawl - have tried to find somebody via Advice Local who can help you? Or CAB/council/disability charity/etc https://advicelocal.uk With the PIP if you carry on with the application your DLA will continue until the PIP decision is made...... and you never know you might get lucky. I was a bit worried about it all but it looks and has been quite straight forward so far. My philosophy is Win or lose at least my DLA will continue for a couple of months and allow me to make plans for when it stops. If you don't then your DLA will end basically 4 weeks after the PIP invitation letter arrives. Well it's 8 but payment is suspended after 4 weeks .
  24. I got one of those last month Now got my PIP form....... My B&W PIP test thingy gives me 14 daily & 10 mobility. Going to be tricky at initial assessment, but if it has to be appealed then I've got 9-12 months to get my arguments together so..... mental health - wing and a prayer - https://pipinfo.net I'm actually quite optimistic (in my fight abilities) and the time scales means it's do able if it goes to appeal.
  25. The technical term is they haven't got a Scooby! Although there's a bit of speculation that your final point might be very close to the truth! There has only been one rouge JCP area trying it on before being called out (top down management direction)...... but lack of staff training is rampant and far more likely rather than direct malice. Glad things worked out for you superg
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