Thanks everyone. The more I find out the more we are confused LOL. We phoned the tribunal service to ask where our copy is, and they told us that it the Chippenham jcp that would send it us. They haven't, we have written today to the courts to ask where it is. I was thinking, as all the letters mum has written over the past year have never A) been acknowledged and B) replied to , would it be worth getting a GL24 ? just so they cant ignore the letter we are thinking of sending ? She was then put in the "work-activity group" instead of the support group. The lady that called last week, telling her she cant have any benefit but mums NI and prescriptions would be paid, said that ALL this would be put in a letter. The letter only mentions about not entitled to any benefit, nothing about NI payments or prescriptions. Im thinking we need that in writing too ?? If not they will try and have her for prescription fraud !!?? And she wont get a full pension? Anyway, everything was fine until mum had an atos medical app come through. She appealed and won. She did this 3 times. She was then put in the "work-activity group" instead of the support group. Then last year a letter turned up regarding fraud arrived. Outrageous !! Her money stopped and we waited till march THIS year to go to court as mum obviously appealed and won. She was then put in the "work-activity group" instead of the support group. The person mum spoke to from the fraud, said that regardless, she should still be getting paid something. And to put in a new claim, this was at Christmas, unfortunately granddad passed away. All of this has been so hard to deal with as you can imagine. I can remember granddad saying to mum " you fight my girl " ! Just before granddad passed away in hospital due to neglect I might add, the jcp said she could put in for a carers allowance for granddad, mum and I looked after him. By the time it came through granddad died in hospital. Granddad only had his state pension, again worked all his life and served his country. So even with waiting all this time, 1year for going to court, and since Christmas for a new claim, we only get a letter now re new claim at Christmas. It was only then we found out what was going on , that without being notified, no forms, absolutely NOTHING, that they had changed her Income support to Income based ESA The judge said that the DWP had not followed the "rules of law" The judge gave us his sympathies with all this. I cant make sense of the latest letter that the past few years seem to have gone missing ?? letter from end of 2012 ( no payments been received since June 2012 while still waiting for app for court ) allows esa, the letter last week uses tax year 2004-2005 to asses claim and will not allow esa . Its just as if none of her NI payments have been paid in 8 years ??? And that she hasn't existed till now. We have not had the atos report through either? Mum received a "certificate if pay & taxable benefit "5th April 2013 ? Mum has no savings, and granddad had nothing to leave us other that the very basic funeral expenses which was his wishes. Thank you for the links, I will get them done for her asap. Aeris

Thank you for your reply. Mum will be 60 next year. I never thought of Age UK ! Brill idea, thank you. Ive found our local councillor an MP but im unsure how to contact them ( there's an option for email and that it ) or what exactly to say? I really have got the feeling that a huge mess up has been made somewhere, the letter this morning sounds as if its mums first claim ever and nothing about not only the past year, but nothing about the past 4 either ! I think, even its going to take ages getting an appointment at the CAB, I think we should try even if we are on a waiting list . thank you again. We would be " hounding the blighter" !!! if we knew how

Hi everyone. Bit of an update although no nearer to figuring out what is going on lol Mum had a phone call at last beginning of this week from Chippenham, telling her she is not entitled to Income -related ESA The lady went on to say that mum s prescription & NI contributions will be paid though, although this doesn't pay the bills ! This confuses me. She also advised that mum put in a claim for a carers allowance? Now, a letter arrived today stating that she's not entitled etc, but is also says that they have used the tax year 5 April 2004-2005 and not enough NI has been paid. Mum's NI has been paid up to date( when she could work up until she had cancer she was not entitled to and benefit when she had cancer as the JCP told her that cancer is not classed as a " disability " an was refused any help. She lost her house and everything ) and was being paid by them since being on benefit she was put on IS. This then changed to ESA WITHOUT any letters of changes being sent to her !! She didn't even know that they had changed her to ESA. The letter only says "" We may still credit you with NI contributions while claiming ESA"" ??? Mum first claimed due to cancer in 2004, although her AS has and continues to progressively runs its course, now her ribs are crushing her lungs. We have a letters dating all the way back from that date, even the atos medical she had and won the tribunal 2011 says she's entitled to Income- related ESA!! To date we have still had no copy of the judges decision ( it was sent to Belfast instead if Chippenham nor the recent atos report? I can find so many discrepancies in all this. Does anyone have any idea what is going on ? Thanks for reading & any help Aeris

Hi everyone. We have spoken to the jcp and requested a customer service appointment, we were put though to benefit office in Chippenham, they put us through to Bristol, they then put us through to dwp. We have so far been though all departments ! Mum obviously had to explain to each person everything. All of this took an hour!!!! The dwp weren't aware of the recent medical and " I cant comment " sprung up a lot from them. Mum asked why she hadn't hear from them in a year and we got the " I cant comment " They said she was not entitled to esa. ( they were referring to last year when all this started. They had put mum on the wrong esa ) We know this, and since then, mum won her case for fraud. They had no knowledge of any of this. It appears that nothing has been updated since last year in June ) ?!! The woman mum spoke to said " well, we are paying you NI " We actually got cut off ( nothing to do with our phone ) Mum phoned back and was told we would have to go though all the process again. Starting with jcp. Another hour ? What is going on ? !! We don't know what to do now ?? This is starting to make me very angry and upset for my mum. We are even more confused and really don't know if we should phone AGAIN ? Sorry for the rant aeris

Sorry Nystagmite, I don't know DIAC ? Ive followed the link from writetotgem.com and found this under the heading of help that can be provided... "Problems dealt with by the Department of Work and Pensions such as benefits, pensions and national insurance (but not problems with the social services department of your local authority). " Am I right in thinking this would not help us ? As we don't know if its just the benefits people as it were or the dwp itself that the problem. Would it be worth writing to MP etc anyway so mum can inform the benefit people that she has written to MP ? Thank you for any help aeris

Thank you estellyn, our area is Ferndown, Dorset. All im getting when googling is the CAB.

Thank you, no I don't think we do ? How would I find out ?

Thanks Hacked_off, I will do that although I don't suppose they would care about my mum ! Friend of mine did this, had a meeting at our local library but never heard anything more. I will do this though. Thank you again

Thank you Nystagmite, I believe its all done by computer now ? The local jc is quite a distance from where we live ( a small village ) and neither of us drive. If the bus did turn up its £12 for the trip ! It would also mean her not taking her pain killers/ morphine again. I don't even think she can get an appointment with them as "technically" she's not on benefit !! The waiting list for CAB Is a nightmare as you can imagine. So I thought id post on here. I will see if a friend could take us. Thank you flumps1976 I will get her to do that tomorrow

Hi everyone. Im posting on behalf of my mum ( she doesn't know how to work a computer !! ) We are in need of some sense & advice if poss. Mum has AS ( which is now causing her ribs to crush her lungs ) , severe arthritis, severe v veins amongst other health problems. Also recovering from cancer for the second time. And now depression due to us loosing her farther ( my granddad ) at Christmas. She was on IS obviously ( AS does not get better but worse ) for a while, then last year, it was changed to ESA ( I thought if you were on IS you didn't change when the ESA came in but I could be wrong ) Mum wasn't actually aware of this change, nor did she receive anything to inform her of it. Then Atos called and she scored the usual NOTHING ! despite medical evidence etc ( they even challenged that she had cancer ) she appealed, and won. very shortly after nearly 1 YEAR AGO now, all her money stopped and she was called for an interview for fraud. It has taken till about 3 month ago for the appeal re the "fraud " to come though. She won that too! Basically they tried to use the rues for ESA and IS the wrong way round !! The judge said that the dwp had not done their job properly to the " rules of the law"& gave us his sincere sympathy. However we are still waiting for our copy of the judge's decision as it got sent to Belfast by mistake!! Now, since all this started last year, mum has not received any benefit money at all. it was all stopped. One of the people she spoke to find out how much longer she would have to wait for the court "fraud" appointment advised her that 1) she should put in a new claim and 2) that she should still have been paid something & he quoted " you didn't hear it from me " Christmas mum put in a new claim as advised ( not the sort of thing you want to do while your waiting to arrange to bury your father 1 week before xmas day !!) but It had to be done. Despite several letters to them and wasted phone calls she has had no acknowledgement from anyone re her new claim since Christmas. 2 weeks ago, she had a letter from ATOS for a "medical " which was today. We weren't there long, mum couldn't take her usual morphine so it was hard to watch her struggle. The " nurse " cut the appointment short and said ( after speaking to someone ) that I don't need to see any more and to go home, After seeing the state mum was in and the bag of medication- morphine etc. He wouldn't examine her which was just as well as wouldn't let her be pulled around the pain she was in. I asked why we were there as she's had no benefit since last year? He said I don't know but the dwp are re calling everyone. He was and I hate to say it rather nice !!! didn't mean to swear !! What this now means god knows, but my question is what do we do now ?? other than wait for the Atos report, which hopefully will be ok. The last phone call she was 48th in line, she cant afford phone bills like that! Granddad didn't have any money to leave us! Easter she was told it being "processed" Should this be taking this long for her new claim from Christmas ? Should she get anything back from last year? And where is our copy of the judge's decision ? I don't know who to contact to get any answers? Have they got mum mixed up with someone else?!! It just seems that some has messed up somewhere. Thank you for reading and my apologies for such a long post. We would be so grateful for any advice. This had gone on for far too long for mum in my book. Thank you

ok, thank you, i will pass this on, at the moment shes an absolute mess. Its hard to watch to be honest I think the trust money put away for the children he changed his mind about. she had to wait for decsion via letter. I dont understand the judge saying that there are NO GUIDE LINES ? thank you again aeris

It was at the tribunal law courts? the clerk was called away to sort out someones money for car park. thank you Aeris

There was just the judge, my friend and her friend as representing her. No one else . Aeris

The course was for herself no one else. im just double checking now .Should a clerk have been present ? thank you aeris

Thank you so much, i belive my friend did. Everything that was purchased was acceptable by the dwp. Everything was check before anything was bought and guidence was sought to make sure it was ok. My friend made sure to check as not to do anything wrong. My friend was told to keep all recipts etc as these would be needed too return to IS and HB Im sure something is not quite right ! The only thing i could advise to my friend was the cab but they are understandably so busy. Obviously there would be no HB and this is a serious problem with 2 young children. thank you again. Aeris

Hi everyone, im posting ln behalf of a very upset and terrified friend. Sorry its a long post and prob a little confusing lol The problem is this, my friend has been to an appeal for income support. Two children 6ys and 14. Did recive hb when was on IS about a year ago Now my friends grandfather ufortunaly died a year ago and left her some money, not a huge ammount. This was spent sensibly and all exspenditure was checked with the dwp to which all was told yes this is fine and ' acceptable '. The second had car ammount,was ' acceptable' and within the ' Guide lines' EVERYTHING was checked before purchasing: A course to further friends education to find a job at local school, a second hand car, 1 weekend away,a new mattress and some bedding for the eldest child. And £3,000 in an account for the children when turn 18 Nothing else was bought, no new kitchen or anything like that, no home improvements etc All of this was 'ok ed' by the dwp. This was a year ago. Now, my friend re applied for income support recently as the funds have now depleated ( friend works a few hours a week during lunch time because of the youngest 6 yrs old coming home from school) and could never afford child minder. The money that was left to friend was NOT a lot and with two growing children, did not last long ! Buss pass for eledst is a small fortune! And obviously rent council tax etc The application was denied. The reasons for this were the dwp classed the course as an UNACCEPTABLE expenditure as well as the bedding from argos !! And i think the second hand car. Dispite being told that this WAS ACCEPTABLE The weekend away they said was FINE !?? Now i dont know that much, but im sure this is not right! Anyway, she appealed. It didnt go well. The judge did not want to know about any of the ' guide lines' He said ' THERE ARNT ANY' even for buying a car. What so its ok to go and but a £20,000 car ??!! The judge just dismissed all of the points of the reasons my friend appealed in the first place, just didnt want to know. He just wasnt interested at all that the dwp had at first said these purchases are ' accepatable' and have now said there not. All the judge wanted to say was what the ' law ' says nothing to do with what the dwp so called ' guide lines say. Which my friend followed to the T. My freind was so compleatly un prepared for this as my friend was under the immpession that they were there to dispute that the dwp had all of a sudden changed thier minds, which is excatly why my friend had appealed to the decision for the reasons the dwp had got wrong. Can any one shed any light on this, aparently my friend cannot appeal against this. ' point of law ' is slightly confusing for me! My friend is so distraught about all this. I might be wrong but, i dont this is quite right? Surley the dwp cant just chage thier minds like that ? One phone call that was made to enquire about purchase, my fried was told that '' We in the office think thats ok'' My friend did phone again to double check !! So we go by what they ' think in the office' ? Not the dwp 'offical' guide lines ? Of which there isnt any apparently ?? !! Im confused lol I would be so greatful if anyone can help with this or any advise or shed some light on this. My friend will loose every thing, roof over thier heads ( they rent) everything! I assure you my friend has not disposed of the inhreitance 'just to back on benefit' I havent been on benifit for a couple of years now so i dont know much about it now. Money is under the guide allowance for IS etc One more question, does a clerk of the court need to be present at the tribunal/ appeal ? Because there wasnt one? I thought there had to be ? Thank you so much for any help aeris sorry again for such a long post

Thank you for the advise. I will have a look at womens aid. thank you. Its awkward for me to get out as i cant go anywhere on my own. Im too scared and i have problems in situations with groups of people i dont know. The cbt i went for didnt help. Which is why i would be happy working for myself although that brings even more problems! Cant seem to win ! Thanks again everyone.

Thank you so much. My jc advisor told me to phone main office in chippenham and tell them to cancel my claim and then on the same day, to phone atos and cancel appointment. Phoning chippenham was ok, i explained that ive no job to go to or anything but i wish to cancel . Was asked if i was sure and i said yes. Atos however, was a different story. He just insisted that i would still have to go. I was shaking, i dont do confrontation. I did have to take a diaz to calm down, im trying to come off that kind of thing. I do suffer with depression, i was classed as clinically depressed, which help me with last tribunal. There is no help for me at all. I have no doctor anymore, and Considering what i am having to cope and deal with due to dv, doctor told me ' bad things happen, get over it ' (ive never been offered councilling) only cbt), which didnt help. So wouldnt win a tribunal and i want to start my own business if i can., with help which there doesnt seem to be. I cant get a loan from a bank as ive only recently got a bank account. Due to my ex i didnt exist for years! Im still classed as homeless and dont/ didnt get hb or anything as i need to be near my family due to my safety. Its all a little complicated. But thats why ive had to come off esa. I dont have a choice. What do i do about paying NI ? as it wont be paid anymore now ? Thank you for your help

Thank you for your reply. No i am not on anything now. I did try and explain this to atos man i sopke to. I would like to start my own business but there is no help for me to do that. But im not sure he understood me. I did everything my jc advisor told me to do the last time i saw her. I will probably be going back to a womens refuge as my injunction and my protection has run out. I didnt get a chance to explaine to the atos man i spoke to about all that he was so pushy it scared me.

Hi everyone, im no longer on esa but atos said i still have to go to medical ? can anyone help? Im still shaking after phone call as i felt very pressured and pushed. thank you

Well, we sat a waited for the phone call from the jc. And we waited ! After 15 mins i suggested mum phoned them to find out whats going on. She was crossly told ' you did not turn up ' Mum reminded them that it was a telephone appointment and she had the letter stating so, in her had. ' she will call you back soon, she is with someone now ' mum was then told. An hour later again i told mum to phone them back, by this time mum had missed her doctor appointmen which she had to wait 2 weeks for ! And another 2 weeks wait for another appointment. The cross woman said ' you only phone a few minute s ago ! ' Mum informed her that it had actually had been an hour. Again, was told she will phone, no phone call was recived at all. I just give up ! So, no clearer to whats going on ! I gess theres always tuesday !

I ve just done a bit of research into the 500 year old law that they have pulled out ! Low ! My wishes go out to all of you. I shall be forced back into a refuge again. Best of luck to you all.

Bless you. Ive been through 1 atos farce scored nothing too ! went to tribunal and won, but with my new doctors attitude, im not going to get any where. So i give up, i'll be back on the diazapan ! I sleep on a bedroom floor have done since i had to leave my now ex husband. Been no help for me due to this. my jc advisor told me to call them next week and tell them im not going. But still clinically depressed etc, and even more so now. But theres nothing i can do. Good luck and wish you well. You keep up the fight

Yeah, hope is all thats left im thinking. Ive been forced off esa even though im a victim of dc and clinically depressed. Due to new doctor, depression isnt an illness was told ' get over it ' so have no support for 'medical ' coming up. Have no choice, still classed as homeless too dont know wot im going to do. i have nothing to sell and dont own anything. Lap top im using now is a friends ! Absolutley no help for me at all. Cant even get help if i was in a health position to start a business !!

I have just read this. It absolutely outrageous!! How far is all this going to go? ! There really isnt words for it all. Well none printable anyway. My mums on this at the moment she has A.S ( disease of the spine) which there is no cure and it is progressivley getting worse. As well as getting over cancer for the second time. And other heath problems. Up untill about 4yrs ago, has always worked and paid her dues and this is how she & everyone gets treated ?? Disgusting. Makes my blood boil. Sorry for the rant