Thanks HB... I noticed earlier I had posted in the wrong place and posted again, lol

Hi everyone

Have a friend who gave an estimate in the year 2011/12 (self-employed). He forgot to get in touch with them to give the actual figure (once his accounts were done - figure was a few grand higher that the estimate). He now needs to ring the tax credit people today to get his renewal in on time for 2012/13. When he tells them of the actual income figure for 2011/12 will they just adjust his award for 2012/13 accordingly (I don't know anything about tax credits). He'd rather do the renewal by post but, of course, today is the deadline and low and behold we've been trying all day and still can't get through

Thanks in advance

Hi everyone

Have a friend who gave an estimate in the year 2011/12 (self-employed). He forgot to get in touch with them to give the actual figure (once his accounts were done - figure was a few grand higher that the estimate). He now needs to ring the tax credit people today to get his renewal in on time for 2012/13. When he tells them of the actual income figure for 2011/12 will they just adjust his award for 2012/13 accordingly (I don't know anything about tax credits). He'd rather do the renewal by post but, of course, today is the deadline.

Thanks in advance

Hi everyone

Just a little update for you all.

I am pleased to report, after calling DWP and speaking to a Decision Maker, the decision was overturned - ESA entitlement reinstated. Now getting on with submission of ESA3

Nice one Ruby the template letters come with an explanation letter off a Dr which your GP can read daughters GP very supportive she had not heard of this was and was more than happy to sign it she has done letters and all sorts with no charge

 

http://blacktrianglecampaign.org/2012/11/16/important-how-to-gain-exemption-from-dwpatos-fit-for-work-wrag-decisions-by-applying-esa-regulations-29-and-35-new-campaign-by-black-triangle-dpac/

Thank you Laura

Inmysparetime.....If you look up the regulation (I googled it) you can print it off, I gave my GP a copy, with a 2 page letter of how my illnesses affect me, I won my tribunal hearing on reg 29 &35. I am now waiting for the next round as its been almost 2 yrs now. But having this info on file with the GP does keep them in the know.

Thank you Ruby

Update Daughters GP signed regulation 29 & 35 sent it to DWP 3 weeks later they have wrote and said Daughter`s 10 month awaited appeal to go into the support group as been cancelled and she as been placed into the support group this is a relief, however I am not complacent I know how DWP operate they have not stated how long she as been placed in the support group and I know they are fond for continously keep reassessing people

Hi Laura

Congratulations in this achievement. To help my cause, did the GP know of the regulations when you asked for the letter? I tried to get this done too but the GP said he wasn't happy to sign as he didn't want to quote on something he wasn't educated on. Just wondering how you approached asking for the help with this and whether you took along any documents explaining what the regulations were?

Don't blame you for not becoming complacent... who knows when the next dreaded ESA50 will hit the doormat

I cant say if there is a legal requirement for the ESA50 to be recieved before proceeding with a WCA or not, so on that I cant advise. My earlier advise was based on what I did and what I was advised to do.

 

Incidently did you manage to even get that ESA3 form? I am struggling to get one for myself, got sent a GL24 instead.

Hi worried33

Yes, the ESA3 was received promptly after I was made aware of it's existence. When his payments stopped I rang to ask why and it was because his Contribution Based ESA had ended. Lady said he should have received form ESA3 in the post, I said he had not, she sent one... it turned up around 4 days later

yeah ring in the morning, isnt even worth trying after 4pm.

 

Also mine was odd like that as well, my appointment came all too quick after the ESA50 as if they werent even going to read the ESA50.

 

You probably not going to get much out of the DWP on the phone, and you wont get them to change their minds on the phone either, right now your priority is sending of the GL24, and a new ESA application as soon as possible after the fit for work date.

Hi worried33

Thanks for your reply.

Well, I've just spoken to them. Useless as always but interesting.

When I asked why ATOS were required to invite him in for a medical before they had even received the ESA50 and he admitted this was rather strange and as far as he knows unheard of. I then asked him to confirm receipt of the ESA50 (they should have received it a few weeks ago) but he couldn't and that's when he started getting defensive! It was rather odd actually as he was very pleasant until that point!Could it be that he had literally just admitted, by confirming non-receipt of an ESA50, that the medical should not have been requested in the first place...

When he said there were no notes of receipt of the ESA50 I pushed telling him it should have been received by now as it was posted weeks ago but after the date given on the ATOS medical letter (don't think he picked up on what I was trying to do at this point) and expressed my concern at the thought it could have gone missing. I then reminded him of what he said at the beginning of our conversation about how ATOS send out medical assessment letters on receipt of form ESA50 but in this case he had just confirmed they STILL haven't received it. He then got all defensive saying it's not his fault the system isn't updated when these forms are/are not received, raising his voice etc - I never raised mine but stayed perfectly calm.

I know GL24 is the only next step to unravel this mess. Do you think it's worth mentioning the above alongside the fact he didn't receive the letter in time? I really don't think he should have been asked to attend a medical at this point in the first place.

Hi everyone and thank you very much for your replies.

 

I am currently on hold to DWP in an attempt to ask some questions.

 

This appointment was sent out before the ESA50 was even posted. I want to now know why they were calling him for assessment in the first place. The ESA50 was returned late (they knew about this) could this be why? Or perhaps he was asked in for assessment because his Contribution Based ESA had ended?

 

Any thoughts?

Having waited half an hour to speak to someone my call was cut-off, charming. Probably because it was after 6pm and they were all about to go home.

Hi everyone and thank you very much for your replies.

I am currently on hold to DWP in an attempt to ask some questions.

This appointment was sent out before the ESA50 was even posted. I want to now know why they were calling him for assessment in the first place. The ESA50 was returned late (they knew about this) could this be why? Or perhaps he was asked in for assessment because his Contribution Based ESA had ended?

Any thoughts?

Hello there. This sounds a bit of a mess, I feel sorry for your friend.

 

I expect the guys will be able to help you unravel this, they should be along soon.

 

My best, HB

Thanks honeybee

Hi everyone

I am hoping someone can help me...

I am helping someone with Bipolar amongst other health problems to navigate their way through this joke of a system and I fear his case is at the beginning of a complete mess up.

He has three scenarios going on at once.

1. His Contribution Based ESA expired on 29th January- they didn't send form to apply for Income Based (have it now)

2. He is being re-assessed for ESA - ESA50 completed and returned a couple of weeks ago

3. He received an appointment with ATOS

He received an appointment letter from ATOS the day after the appointment was actually taking place. I rang ATOS to explain why he obviously didn't turn up. They then send the questionnaire letter asking for an explanation as to why the appointment was missed. On the same day as the appointment his ESA payments were stopped. I rang DWP to ask why this was. They said because he didn't turn up to his ATOS appointment. I explained this can't be right as his appointment with ATOS was at 2:10 but his payment was stopped before then so how could DWP possibly know, beforehand, that he wasn't going to turn up for his appointment.

The lady then confirmed, in fact, his payment had stopped as his Contribution Based ESA has expired and he had not sent back form to apply for Income Based ESA. I explained that he had never received this form and she said she would post one. That form went back to them today.

Today he received a letter from DWP which states 'We asked you to go to a Work Capability Assessment on 18th February so that a Health Care Professional could advise us on your ability to work. We have looked at your reasons for not attending the assessment, or your refusal to participate fully with the assessment. A decision maker had decided you are capable of work from 19th February' It then goes on if you dispute the decision you should appeal using form GL24.

His ESA50 questionnaire was only submitted a couple of weeks ago, we has not had a medical because he received the appointment letter the day after the medical was to take place so how on earth can they judge him fit for work for not attending?

When they eventually process his ESA50 I'm sure he'll be invited in for a medical.

When they process his application for Income Based ESA they will see he is entitled.

Has anyone been in a similar situation themselves? Does anyone have any advice?

Thank you for reading and thank you in advance for any advice/comments

Hi Laura

I was wondering how you got on with the GP on this? I tried this recently but GP didn't feel comfortable without fully understanding the descriptors

I am seeing daughters GP 9am going to ask her to fill in a paper with regulations 35 on to see if this will exempt daughter under mental health grounds deterioating through all this inhumane system see what the GP says or does, they are pretty good at supporting but may not understand what all these disabled regulations are so taking a covering letter off the Black Triangle site which explains things.

 

Heres hoping got nothing else to loose daughter cannot and will not attend work related activity she freaked out first time I took her they shoved a paper in front of her stating they expected her to look for 50 jobs a week this is outrageous to a sick person whose been appealing to get into support group for 8 months, no letter from GP, Mental Health or MP as made any difference all we keep getting is no one can be excused from this group and has to follow the process. So in a civilised society we force sick people to work till they die or we push them over the edge, this needs to stop now it is outrageous, this is making me ill never mind my daughter months of fighting this fighting that, sending this sending that ringing here ringing there. I am worn out and want all this corrupt system to halt.

Hi everyone

Thanks again for all your thoughts.

I just want to make one point crystal clear. I wasn't expecting the GP to use the template letter as it reads currently. I asked for a 'version' of it. Although he wasn't prepared to issue his own version of this template letter he is prepared to assist later if my friend is called for assessment to the extent of telling ATOS he cannot attend any medical assessment. Problem here is that just leaves a home visit which my friend is against also (he doesn't want his neighbours to see the assessor entering his home).

I have a bunch of medical evidence gained for the appeal the first time around so I'll select the most recent stuff and submit with this new questionnaire along with the letter the GP wrote at that time.

Thanks again everyone for your thoughts/advice

Hi Kayd

Just thought I'd let you know I visited my friend's doctor with him today. I showed this template letter to him in the hope he'd be happy to write his own version for me. Unfortunately he was not prepared to do it as he thought it looked like a letter prepared by a solicitor! I think he's just not familiar with the regulations quoted so didn't feel comfortable issuing it from himself. On the flip side he has offered his ongoing support should we have to visit ATOS again and, of course, should we end up in the same cycle as we did before.

I'll keep everyone posted at the next stage.

Many thanks for all your help so far

Sample letters.

 

 

On BT's website there are several articles on this campaign. If you find the one dated 16th November 2012 you'll find explanatory notes (as well as the above letters) for the GP & the claimant if you want to print them up.

 

 

Thanks for sharing - I'll definitely check back for confirmation of where this will be shown

Hi Kayd

In this case the claimant was awarded nil points by ATOS at his medical in November 2011. Appeal won September 2012 with a score of 21 points. The tribunal panel were uncertain whether to place him in Support or WRAG - unfortunately for him they went with WRAG.

He is on contribution based ESA.

He now has received another Limited Capability for Work Questionnaire - I know the outcome of this will another dreaded medical with ATOS, nil points and the whole appeal proceedure again.

Are you recommending the GP letter be submitted along with the Limited Capability for Work Questionnaire? Claimant's GP is very knowledgeable of his condition and was super supportive when information needed for appeal so I am sure gaining this letter will be no problem - I just wanted to clarify I have the right idea with your advice with regards to where to send the letter and when.

Thank you

Hello everyone who has kindly responded... I am very grateful.

I ended up having to ring the Job Centre to explain that my friend was unable to get out of bed - he kept himself awake until gone 9am this morning worrying about today. I spoke to the advisor who was due to meet him today - she was very understanding and offered to telephone him another day instead.

Kayd - thank you very much for the information you have provided - I shall read this in more detail this evening

Will do but was hoping for some advice/reassurance beforehand... anyone?

Hi everyone

I am accompanying someone this afternoon to their first interview with the Job Centre - he should be in the Support Group - GP has said there is no way this person can work.

Is anyone able to tell me what to expect from today? The claimant suffers with mental health issues - reason I am accompanying is to attempt to keep him calm, be there to understand what is expected of him and because he will not go to unfamiliar places alone and the location of the Job Centre he has been sent to is unfamiliar and a half hour drive away.

Also, last week, he received another assessment form to complete - he only won at tribunal in September having been awarded nil points by ATOS. Any thoughts on this also will be greatly appreciated.

I am accompanying someone this afternoon for their first interview with the Job Centre - he should be in Support Group, not WRAG!

This company are a bunch of idiots!

Relative of mine recently passed away (another relative is now living in the property). Having provided a meter reading I requested a final bill to the Estate and for a new account to be opened for the relative now living there - ignored. 8 months later, after several requests, bill to Estate arrived = £900 for 1 month's worth of phone/broadband, gas and electricity. £400 bill to the new occupier! I have all the bills in front of me and it seems they doubled up their charge for two months. To make matters worse the person dealing with the account is an ignorant so and so.... steer clear of this idiotic company

Hi Fairy Liquid

I am in the middle of an appeal on behalf of a friend who suffers with mental health issues - also scored 0 points!

I am certain plenty of more experienced peeps will come to your rescue on here, but in the meantime...

If you are going to appeal their decision you need to complete form GL24 within the deadline and send in regular medical certificates from your GP in order to claim the assessment rate whilst you appeal.

When you submit form GL24 try to enclose as much medical evidence as possible to support your appeal (ATOS probably had nothing of the sort on their desk when they assessed you).

Do you mind me asking what your health problems are?

thanks will write to them this afternoon will let you know what happens

debra66, I agree with unclebulgaria67.... get the statute barred letter out.... hit them with your smarts and show them you know your rights.

As unclebulgaria said - they have to prove if it is not statute barred and bearing in mind how old this debt is, I doubt they will have the neccessary documents to support it.

You will more than likely receive a letter from them within 14 days confirming the debt is indeed statute barred.

Make sure you use the words 'I do not acknowledge any debt to your company' at the beginning of the letter.

Let us know how you get on