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Everything posted by leemack

  1. You can use the same illness if deteriorated, but you may have to wait till after the atos assessment to be paid. 6 months would be 2nd september not 2nd August. Backdating JSA will be difficult as you claimed ESA and will have problems proving the availability for work conditions. You can request a statement of reasons from the Tribunal, and look for an error of law. But the likelihood is that there is none if you haven't attended. The tribunal can only look at your condition as it was on the at around the time of the assessment you had. Any evidence since then re the deterioration would not have counted.
  2. NO. dilizjo is wrong, its 6 months from the date on the letter telling you of your failed medical.
  3. You contact the DWP and ask for a review form which you will need to complete. Yes, there is risk. With any review you take the risk of your award being lowered or losing it completely. For middle rate care you need to prove you need frequent help during the day OR repeated or prolonged help at night. Or that you have continual supervision needs day OR night. For high rate care the above needs to be day AND night. Frequent help means needing help from another person (even if you don't get it) at multiple occasions during the day. It doesn't matter how long you need help for, or how many tasks during each occasion, but that there are frequent separate occasions during the day that you need help. 5-10 separate occasions at least. Be sure you meet the entitlement criteria before you risk a review.
  4. 6 months is from the date of refusal (in this case 2nd March). You can apply within 6 months for a deteriorating condition, but they will often make you have an ATOS assessment before they pay you anything. If you didn't attend the Tribunal and didn't provide any additional information or evidence, then it is highly unlikely there will be an error of law to appeal to the upper tribunal. You do not get another opportunity to provide evidence that should have been provided at Tribunal. If you need to attend another Tribunal, send all evidence in advance, and if you're ill on the day, phone them and try to get the Tribunal rescheduled. Sorry, but if you need money to live, you may end up needing to claim JSA.
  5. Its generally best to make sure your med cert is current - if the DWP already have it, that's fine. Then wait till your claim ends and then do a phone claim. The person on the phone is not supposed to decide on your claim - just take the claim. That's what you tell them if they make an issue - to just take the claim and let the decision maker decide. But I wonder if the ones who have the problems are trying to make the new claim while their old claim is still live - and that's how they get into the appeal discussion. Best not to mention it unless asked.
  6. Sorry you had a bad experience. Most tribunals are well conducted, but in some I feel they do seem to have an agenda. You need to write to them asking for a statement of reasons for their decision. Once you get that you can get a benefits adviser to check for an error of law. If there is an error of law then an application can be made to appeal to the upper tribunal. In the meantime your ESA will be stopped. If it is more than 6 months since the initial decision refusing you ESA then you'll be able to reapply. It appears some call centres are attempting to discourage reapplication by telling people its 6 months from the appeal date - but this is wrong.
  7. If you struggle, try to get help from a friend or relative to phone up, or maybe from your local CAB, welfare rights or mental health charity - some may have home visit workers who can come to you.
  8. Your first step should be to check your housing benefit award. Check that they have all of your income details correctly, that they have given you the allowances for all of your children, and also check the details they give for eligible rent and actual rent. Another thing that often catches people is if there is overpayment recovery being taken.
  9. You need to chase up your esa claim - claims generally take 4-8 weeks from date of claim - yours has been much, much longer than that. It could be they lost your med cert or a mistake has been made. Phone up and query it asap.
  10. No they haven't changed it, they're misinformed, try again, though you may have to wait until your old claim is closed or complete a paper claim. Tell them its 6 months from the initial decision refusing you ESA, they should check with their supervisor, as they are contrvening social security law not allowing you to make a claim. Make sure you take their name at the start of call and note the time and date in case you need to complain later. Link that may help: http://www.cpag.org.uk/cro/wrb/wrb213/ESA.htm
  11. OK, I'll write comments in red under what you've written. Your statement/submission needs to be more structured - have you looked at honeybee's appeals sticky? Basically it should go something like this: Name National Insurance Number Appeal Reference date of appeal Introductory paragraph - for instance I am appealing the ESA decision dated xxx finding me capable of work and awarding me x points. I submit that the Atos medical assessment was in places inaccurate did not adequately assess my physical and mental health condition. Paragraph describing your health conditions and medications, with how long you have suffered from the conditions and the symptoms you suffer. Paragraph detailing the errors on your Atos report, one by one (one paragraph each) and stating what the correct situation is in each case. Then detail the descriptors, bolding and underlining each descriptor and then below it detailing as discussed above. Its often useful to detail the points for each descriptor. Lastly a concluding line stating the desired outcome: I respectfully request that the tribunal award x points in the limited capability for work test, and allow my appeal. Hope that helps. If you make changes, I'll be on later if you want to post them.
  12. Get a med cert. Phone the claim line and complete the claim over the phone. Easy.
  13. So as an example this descriptor would go something like this: B)CANNOT SIT IN A CHAIR FOR MORE THAN 10 MINS BEFORE NEEDING TO MOVE BECAUSE OF DISCOMFORT. I am unable to sit without severe discomfort in an upright chair, when at home I have to either lie down or lie propped with pillows. I am unable to use a computer because of this and my daughter helps me by using the computer for me. My stomach is very painful, during a flare up, the pain is excrutiating and flares can last for months and happen x (insert number) times a year. During flares no resting position is comfortable. When not during a flare the tennis ball size bulge (is this a good description) causes so much discomfort that it makes it impossible to sit for long and lying is the only comfortable position. When I do sit for short periods, I have to hold my stomach to try and minimise the pain. The bits in red are questions or bits you would need to add. Hopefully this gives you an idea of the type of things you need to write for the other descriptors.
  14. In the support group descriptors, she just needs to fit one descriptor - as they don't have a points value.
  15. Don't believe everything you read online. Very few people will bypass the 'medical'. If you think you qualify not have a medical, contact the DWP and tell them - that's what the people probably were doing in sending their ESA50 to the decision maker, and they may well have been told to in advance, as ESA50's sent to dWP by mistake and unsolicited would get redirected to ATOS. Its very difficult to get into the support group, and those that do so without a medical will be those who qualify under exceptional circumstances, exemption, or disability that is so severe and already established under IB, so can be decided under ESA50 with no medical necessary. If you feel you fit into one of these groups, phone and ask for a call back from a decision maker - don't send the eSA50 unsolicited.
  16. So how do you get washed? Do you sit, stand stand or lay while being washed and does your daughter wash you? When you watch tv, do you lay down? Are you propped up? How do you manage to use a computer? Do you sit at the computer table, or do you use a laptop? These are all things we need to cover for this descriptor. And yes, out of each group of descriptors you pick the first one going down the list that applies.
  17. People who are appealing refusal of ESA won't normally get reassessed while appealing. Your appeal is different as you are still on ESA wrag and appealing not being in the support group. As you are in wrag, this still means you are subject to the same reassessment possibilities as everyone else in wrag, regardless of whether you are appealing.
  18. Atos claim they get paid per assessment regardless of the outcome, I wonder what is actually true.
  19. The decision maker will get a copy of the ESA50 with the atos report. The problem is not with decision makers not receiving the esa50, but with the poor standard of the atos assessments.
  20. Apart from a possible increase in IIDB, it does not sound if you qualify for DLA or for ESA - you can stand for a good amount of time and walk for 20 minutes.
  21. Yes, you have to be willing to work at least 16 hours to claim JSA, and if you have a disability you can negotiate to restrict your hours to 16 or above if you have good cause.
  22. Firstly I need to ask a couple of things. How long can you sit for in an upright chair before needing to move from the chair? How long can you stand for, before needing to sit down. Can you give some daily life examples of where you either can't stand for long or can't sit for long - for instance, I can't stand for long so have to do the washing up in short 5 minute bouts with rests inbetween - these type of daily life examples.
  23. Once you've failed the atos assessment, you only continue getting benefit once you've appealed and as long as you continue to send in med certs.
  24. My understanding is you can fill in the online version - but phone to check just in case.
  25. I think you're getting confused talking about points of law, you don't need to worry about points of law. Just find the errors on the atos report and make your case for each descriptor you want to score points on . The points for descriptors aren't points of law - they're just points that are added up. The errors on the atos report are just that - errors made by the assessor on which the dwp decision maker based the decision on. And yes, what you've described are the type of errors you need to be pointing out.
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