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Found 18 results

  1. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  2. Currently running at 87% of decisions same as original DM decision because.... This folks is why you should ignore the DWP and appeal! I'll give DWP DMs the benefit of the doubt here as although my last MR for DLA was refused.... the Mandatory Reconsideration DM actually didn't write against my new lower award but how I could win at appeal! Bizarre but true ! Reddit thread Rightsnet thread https://www.rightsnet.org.uk/forums/viewthread/11271/
  3. Hi all, I'm after some advice... I claim wftc as a single person - my husband passed away 3 years ago. When he passed away my husband had his own business of which we were both directors and our acountant filed our annual tax returns etc. After my husband died (he had a pub) i had to change the pub in to my nme in order to keep it going - pubco insisted. I set up a new limited company of which i was the sole director and informed hmrc of the change. Sadly, i found it very difficult to manage after my husband died and hit some pretty rough financial times and decided to give notice on the pub. The limited company was dissolved at the same time. Whilst i did work during this period - too many hours to mention infact, i did not draw much more than £50 per week from the business and this is what i told hmrc for the purpose of tax credits. If anything, i over estimated. The company was dissolved before our fifrst set of accounts were due and therefore no tax / accounts etc were ever submitted. As i took my money as drawings and not as paye i never had a "tax record" of anything. After the company ended i decided to go in to some consultancy work an formed a new company at the end of the year. Payment wise is more and i advised the tax credits people of the increase. Our first accounts for the business are not due until august this year but the tax credit people are asking me for a P60 from period 2016/2017 which i dont have. What do i do - how do i explain this and should i have filed something?? I looked on the internet and it suggests that if you are a director you dont need to do a self assessment if you are not being paid a salary and only take drawings as and when available which is what i am doing. I'm stressing that they will close my claim and make me pay everything for last year back (the lady on the phone said this could happen). I will no way be able to afford that and i can't pay my mortgage without the current award as i'm building the business and only take a minimum amount out of it... Help!
  4. Hi all, I have recently had yet another WCA and have been placed into the WRA group, obviously this is not the worst decision that I could have got but I was previously (from a WCA only a year earlier) in the care group. I don't understand why I have been moved down a tier after only recently having been moved up, I have been getting ESA WRA for years and have previously been in the care group many, many years ago and have had periods of bouncing back and forth between JSA and ESA under ATOS, the point being, my condition back then should have had me in the care group, but ATOS... and although things have been getting better gradually over the years I still have years of recovery ahead of me, which I thought had finally been reflected in me being put in the care group, but now no longer! The thing is, I provided the exact same information this time as i did last time, I told them that my condition was unchanged, and that it's not going to change if an ESA50 lands on my doormat 6 months after every decision (btw, it took another 6 months from sending in my ESA50 to getting an interview, so that was half a year of barely contained nervous breakdown and another big hit to my recovery). In my ESA50 I stated that given that they are making a decision based on the same set of rules, using the same information, speaking to the same person with the same condition, then making any decision that differs from the last time would be a logical fallacy. The implication of that of course being that if all the factors remain the same then the outcome should remain the same, if it does not then it implies incompetence, dishonesty, fundamental flaws in the system or simply that the decision has been unduly influenced by the personal feelings of the assessors and/or decision makers, it was only implied, but I don't think they liked that...I can't escape the feeling that they know I am not fit for work and have bumped me down a notch out of spite because they don't like being told what to do, even when they know it's perfectly logical and the correct course of action. Pointless though it is anyway. I know what will happen, I'll go to a WRA interview, the conclusion will be reached that they should just leave me alone to recover on my own time and if I want help I will ask for it, and that will be that, same as the last 3 times. Essentially all they have done is cut my income for no good reason, at a time when I actually need that extra due to a drop in our household income, and moreover, they are giving me less to live on while requiring me to shell out extra travel expenses for WRA? wtf? Initial ramble over with, and thanks if you've read this far, I will now endeavor to get to the point. I want to ask for Mandatory Reconsideration but I have a fear that if I do so then they will yet again reinterpret the same information and somehow come up with a way of throwing me back into JSA hell again, and I don't think I can take that, in fact I know I can't. If that were to happen now, i'd lose my mind, my home, my friends lives (who share my home) would be turned upside down too and I'd likely end up back on the streets, living in a forest and selling the big issue again, i'm basically on the edge here, i'm at a turning point in my life where things could start to get much better, or they could get much much worse, and the decisions that influence that are out of my control. Sorry for the ramble, but I can't take my meds til this is done, my question is, has this ever happened to anyone? Asking for reconsideration and ending up with a worse result? Second question, the sticky on MRs states that benefit payments will stop while the reconsideration is going on, I understand that there are different rules for differing circumstances but the CAB website says that I will continue to get ESA while the process is carried out, can someone clarify this for me, will I retain my ESA while asking for MR? will it be at the same WRA rate or will it be cut? One final thought, if my benefits will be cut in any way then I simply cannot afford to ask for MR, seems like an effective deterrent to fair treatment to me, ahem, but is it possible, under those conditions, to make a formal protest without asking for MR? e.g. I have them send me the reports from this and the previous WCA, I pick them to pieces and write up a statement elucidating where they are right and where they are wrong and why the decision is unfair (or indeed fair, i am prepared to concede to a logical argument) but with a clear caveat that this is for the benefit of informing future assessments and I cannot at this time financially afford to ask for a MR as any cut to my household income would be harmful. Would there be any point to this? do the WCA people even look at past decisions and evidence?. So to sum up: 1. Has anyone ever had a MR return a worse result than the one you were appealing? 2. What happens to my ESA WRA payments while in MR? 3. Is there any point in making a formal protest if I cannot ask for MR? If you got this far then thanks again for sticking with it, I do tend to produce TLDR walls of text. Any input will be greatly appreciated, I only have the next few days to decide what to do. Thanks again, Stu.
  5. i had a mandatory reconsideration for backdating of my JSA, the decision maker decided in my favour so i will be paid 29 days im owed. I was told by about 7-8 advisors that if they changed the decision in my favour it could be actioned as a same day payment because i've been without for so long. i spoke to the benefit centre today and they have said even though it has been ruled in my favour they have to contact the job centre regarding "labour market laws" and that it will be around another week before i am paid anything. who is correct? its been about 6 weeks now and we've been living off about £20 or less a week to feed/keep warm etc myself and 2 kids under 7 so we're desperate for this money
  6. 8 weeks ago I missed an appointment at the job centre through sickness. I went in the next day to fill out the sickness form. I thought that was it sorted. I asked when my next signing time would be and they told me that they would be in touch. The day before my signing time I still hadn't heard from them, so I made a phone call to find out what was happening. They told me not to worry about it and they would arrange one for two weeks time. Just before the two weeks passed, I received a letter in the post, telling me that my claim had been closed the day I missed a signing due to sickness as I had failed to attend an appointment. I then opened up a claim again, backdating my claim to the day I was sick, giving the reason that I filled out a sickness form, but the staff at the job centre had failed to send it off, which was not my fault. I then told them that the reason I didn't reclaim immediately was because I didn't know that my claim had been closed until four weeks later. They have since replied telling me two things: 1. I have not satisfied the Labour Market conditions for Jobseeker's Allowance In total I checked three different websites for work during the week. Two of these were checked daily. One was checked three times a week. I contacted an agency once a week. I checked a local weekly newspaper each week. I applied for a minimum of one job per day. In total I took a minimum of 26 steps a week to look for work. This exceeds the steps laid out in my claimant commitment during my previous claim. How have I not satisfied the Labour Market conditions for Jobseeker's Allowance? 2. I have not shown good cause for the delay in making my claim. There was a delay in me making my claim because THEIR staff failed to do their jobs adequately. As I do not work for them, I cannot be blamed for this. I re-opened my claim as soon as they told me that they had closed it. I will be seeking a reconsideration over this. Is there anything I can cite in my letter to give me a better chance of winning against this?
  7. Hello All, Can someone please tell me where I can find a sample letter or how to draft a letter asking the DWP for a PIP reconsideration. I've never written one before and I've been helping an autism to fill in her PIP she just got a reply back to say that her daughter has got the enhanced care but lower rate mob. I have filled in the criteria properly the letter says she did not get enhanced because her daughter can walk more than 250 yards. Her daughter has autism disorder and Cannot follow the route of a familiar journey without another person, when she's been out alone in her local she's had the police called twice on her because of her violent behaviour which has been written in her reports by the hospital, I've read through her reports myself and the DWP still gave her 0 point. We need to argue her case. Any prompt reply would be much appreciated. Many thanks. Helen
  8. Hello. I am currently getting income based JSA for about 1 year now. I stay with my mum, But all of a sudden my mum is saying i need to pay £27 towards to rent as the council will only pay £109. So why now do i need to pay. I have a brother who gets ESA, and my mum gets income support. What are causing the housing benefit deduction, My brother only started claiming ESA this year in march, And all of a sudden the housing benefit is cut. So could someone help me because i am getting the impression the cut is because of me but i have been getting jsa for around a year and my mum has been getting full housing benefit since untill now.
  9. Last month I sent a letter of mandatory reconsideration to challenge a benefit decision. The decision did not involve a sanction. I have received no acknowledgement by now. I have spoken to the benefit centre and they phoned me back saying that they have not received my letter (I have proof of signature) and as long as they are concerned there is nothing I can do. Is this right? Shouldn't I be entitled to have my case reconsidered? What should I do? Is this the latest trend at the DWP? What is the procedure? Thanks.
  10. I hope someone can help us out with this problem. I am asking for help on here as a last resort. My husband has been in hospital for the past three weeks and I am trying to do things he has always done for us. For years (since1993) he has been getting his DLA for top mobility and middle care. He was told back in January 2014 that he had to apply for PIP. He filled in the form and sent it off. In September he had a medical for it and a letter came through at the start of November saying that he isn't allowed PIP. With him being so ill and in and out of hospital since last November he never got round to dealing with it. A few weeks ago he asked for a reconsideration, but they have turned him down because he was too late to put it in and the excuse he gave wasn't good enough. This letter that came this week also says that he can't appeal against that decision. Is that right and what happens now? I rang up the DWP for him and they said that as he has just had is 65th birthday (last week) he can't claim PIP again.
  11. I won my PIP reconsideration have finally been awarded PIP at the daily living rate component. Cannot stress what a huge difference this will make for me, not only financially, but also that at last my illness has been recognized as being detrimental to my well being. It has been a long hard struggle, one I did not think I would win.
  12. I applied for PIP in Nov 2013 had my medical 11 months later which I failed. I asked for a mandatory reconsideration and submitted new/supporting evidence, sent recorded. Just been told this evidence has been lost, so there is nothing new showing on their system, I am going to get a failed because of this. Is there anything I can do about this, I have asked my CPN if she can send it again, but this is beyond belief. It took me ages to get that letter, it's not easy for me asking for help, saying nothing for what it is doing to my MH. I cannot believe they can lose such valuable paperwork.
  13. Hi Can anyone help. My husband has mental health problems, so this is very distressing for him. We received a letter saying that he did not attend a work capability assessment appointment for 9.12.13 " he never received any letter, so he could not go to an appointment" Any way the letter said fill this form in to say why he did not attend, which we did stating the fact that we did not receive such letter, it said fill form in by 18.12.13, I sent the form back the same day. We have been worried all over christmas. Then today we receive this letter stating that he will no longer receive his incapacity benefit & income support allowance for not attending his appointment and not giving a good enough reason ? They call this a Mandatory Reconsideration, and said I can appeal. I do not know what is going on here, can anyone help please. My question is does anyone know how long this reconsideration will take. Thank you.
  14. I'm hoping perhaps antone or Mr P can answer this. As per my current sanction saga, I'm now considering going for a mandatory reconsideration because the one month response time is up on the 10th. I no longer have any confidence that the assurances of a resolve to the problem I've been getting from the WP liaison officer at JCP will amount to anything. However I don't want to burn all the bridges so, would asking for the reconsideration prejudice anything that the liaison officer might have achieved?
  15. After a monumental cock up by the DWP,the decision to refuse me ESA has now been allegedly confirmed a second time,but they've sent me none of the paperwork that was sent to me the first time - which makes me suspicious. What documents can I demand from the DWP to show they actually did a 2nd reconsideration?
  16. Please can anyone advise on this. I had my DLA reduced on renewal from mrc/lrm to lrc/lrm. I asked for a reconsideration as they had dismissed my night needs. Today I have just heard (they do time them to arrive at a weekend don't they, all mine have) that they have disallowed any award at all. I saw somewhere that the reconsideration is backdated to the date of the original decision, can anyone help with if this is true and will they be wanting me to pay back the original renewal amount? Thing is I am now likely to lose my home, I can't pay my rent or bills on what little incapacity benefit I have and I can't buy food so I am absolutely in a quandry. I shall be appealing, though I have no expectation of winning I now have nothing to lose but I am worried in case they want me to repay the DLA. As ever I am indebted for your help.
  17. Hi, I had my DLA renewal decision dated 21st August and have lrm and my care was reduced from middle to lrc. I have more night needs due to anxiety and have thought I would like them to reconsider but I am scared they will take the rest of my award. If I have time now, I have left many messages for my support worker but he doesn't return my calls so I am running out of time. What else can I send them and how do I do that? I mean do I write or call and tell them I want to send a supporting letter from someone who knows what I go through? Would that be enough? What is likely to happen? What chance do I stand? I really don't think I can face appealing, the paperwork fine though exhausting but I am socially phobic have anthrophobia and just panic at the thought of being in a room with strangers. I don't think I'm being clear here but I was wondering :- Is there time What else to send them If I request reconsideration do I have to take it to appeal if they refuse? (They removed a layer last renewal and on reconsideration it stayed the same but I didn't know what I was doing and just called to ask them, I didn't know about other stuff.) Hope that makes some sort of sense. My appreciation for your time.
  18. If your JSA is sanctioned you first submit a reconsideration form, then if that is rejected an appeal form. So i submitted my reconsideration form 2 weeks ago, i forgot to ask at my signing today if there was ny news though, but I've heard anywhere between 2 weeks and 6 months. But I've also heard that the reconsideration should be quite quick as it's the appeal that takes forever. I was also told that i would receive something in writing as to the decision, but i also appealed for hardship and was told over the phone when i was inquiring about something else that the hardship request was rejected even though i have nothing in writing about the hardship as of yet. I guess they will come to a decision one way or another but just wondering time scales? Well all these new(i assume) JSA sanctions for missing back to work appointments will certainly keep the DWP on their feet, that's for sure they must be inundated with paperwork.
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