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About fedupandold

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  1. Yes I agree - it has made it easier for many to claim whereas before they couldn't!
  2. Being a Type 1 Insulin dependent Diabetic, it is a regular occurrence. I have yet to meet any employer that would not accept this. Besides which it is covered under the DDA. And people at large are expected to believe that all ESA awardees that are in the Work Group, will volunteer and tell that DWP that they are ready to try to get back into the workplace? Some will, many won't. Much like the old IB system - 'If they don't check up on me - I'm not telling them'. As for how this will operate I'm not to bothered just as long as something along these lines is carried out. I'm sorry but
  3. The Welfare Reform Act was introduced to regulate the Welfare State in a more positive and cost effective way. Why are you suggesting that the genuine sick are unable to work? I agree there will be many that can't work due to illness but put that aside there are many, myself included, that are ill/sick (as defined by the Welfare Reform Act) that can work. Not everyone that claims ESA is incapable of doing some level of paid work. Are you suggesting that those that are awarded ESA must keep quiet about the fact that they could possibly work as well? Until a better system of sift
  4. Thank you for that link, it answers my own query without me having to ask. A decision was made in Jan 04, and I appealed against it in November 2011 - the Decision Notice was never received - it went to an address I had moved from in 2000. The decision was that the Decision Notice only needs to be sent to the 'last known address' for it to be treated as having passed the test.
  5. Why? Based on the criteria of ESA I am entitled to make a claim. I was assessed and was found to qualify for 39 points and a Support Group descriptor. Also I am entitled to claim DLA and have been found to pass the criteria of HRM & MRC. Why are you suggesting that I am not entitled to claim ESA? Everyone that is able to pass the relevant criteria, gaining at least 15 points will be awarded the benefit. Are you in some way suggesting that my claim is not genuine? I was simply pointing out that despite qualifying for ESA, I still feel that I could do some work, maybe a desk based job.
  6. I doubt that there is any compensation available. I had to wait from September 2009 until February 2011 before they sorted out my Pension credit claim - they decided that I wasn't entitled to anything!
  7. Given that we are talking about sick people, it stands to reason that there will be more deaths than the normal average. It's like asking how many deaths have there been last year involving ESA claimants that were awarded the benefit on the basis that they had a terminal illness and likely not to last any more than 6 months. If the GP/Consultant had diagnosed it correctly - there would have been a death rate approaching 100%!
  8. That report is far too biased. Since when was ESA ever awarded because of a diagnosis? We all know that ESA is awarded if you are able to gain enough points from the descriptors given which imitate the various physical and mental skills that are required in the modern workplace. The author has completely lost track of what ATOS are there for. They are not medics but 'disability assessors' qualified in disability medicine. The GP or Consultant is not qualified to give an authorative opinion on whether someone is able to carry out some level of work based skill. It's simple each to th
  9. Have you read this advice from the government? https://www.gov.uk/set-up-business-uk Normally when you decide to become self employed you will have funding in place that will not only cover the initial set up costs but support your living expenses until you are earning sufficient money. This funding is generally savings, loans, overdraft or a mixture of all three. Being self employed can bring high rewards so it is expected that there will be high risks attached.
  10. I thought legal aid had been removed from advisors/solicitors in cases where there is a claim for a benefit involved? It was seen as the taxpayer funding a solicitor to try and get more money out of the taxpayers. I know our CAB has lost all of it's full time professional welfare rights workers, and I hear that a large legal advice clinic in Birmingham has just gone bankrupt. Most Welfare Rights Officers are employed by the local authorities, but that their advice and support is now mainly limited to those claimants that have involvement with Social Services. Mind you I have h
  11. I can only say what the Pension Service have told me in writing, although over the telephone it was a completely different story! I don't want to run the risk after I have cancelled the ESA to be told 'Sorry we didn't realise that what we told you was wrong for a contribution based benefit, but right for an income based one - never mind, try and get back on ESA if you can'. I never trust the DWP with any advice unless it is in writing. When I failed the ESA assessment in 2010 I telephoned the BDC and they told me that I should be claiming JSA. I made an internet claim for JSA and had an
  12. Be very aware!!! The Pension Service told me the same thing, that I could cancel my ESA (contribution based) claim and have the Pension Credit topped up with it's loss. Not being entirely satisfied that they actually give out the correct information and wanting it in writing, I wrote to them asking for a formal ruling before I did anything. The letter eventually came back from them and told me that as it was a contribution based benefit that I was thinking about giving up, they would treat it as a deprivation of a benefit that I was entitled to claim in priority to Pension Credit. They would
  13. Doesn't surprise me in the least - I had an assessor (doctor actually) removed by ATOS from their panel owing to gross incompetence, not even knowing that Lithium was used for mental health treatment!
  14. The Tribunal are 'supposed' to take 'all' available evidence into account. However they simply cannot have every Tom, Dick & Harry giving their opinion. If that person is recognised by the DWP as acting with and on behalf of the claimant, then they can offer evidence. I went to a Tribunal on behalf of my wife who at that time was hospitalised with PE and a collapsed lung. They refused to hear from me and instead carried out a 'paper' hearing. I was politely told that I had no right of audience as I was not a recognised person acting on her behalf. Bit miffed at that. She lost her appeal
  15. With my first ESA claim that was made in September 09, they decided in the following February that I had received no points following an assessment in January 2010. I appealed and it took until January 2011 (just 2 weeks before the appointed Tribunal date) for the DWP to award me enough points to not only give me ESA but also to put me into the Support Group for the next 3 years. I was all ready to send my evidence in to the Tribunal when they decided this on no further evidence than that that was available in February 2010 to change their mind. All they had from me was the ESA50. A
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