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Help - need to appeal DWP decision to stop wifes benefit


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The DWP in their infinate wisdom have decided to stop my wife's Employment and Support Allowance (formally incapacity benefit). My wife has 2 genuine and quite severe conditions and has only been claiming for the past couple of months.

 

She was sent a questionniare before being made to attend a medical assessment and although her GP, pschologist and surgeon have all agreed she is not fit for work at the moment the medical services and DWP clearly think they know more and have, as of the 23rd, stopped her benefit based on some points system or other which is clearly flawed.

 

The whole thing is infuriating :-x as both my wife and I, up until recently have worked all our lives and paid our dues, unlike these career benefit cheats we all see around.

 

We are currently looking to appeal this decision can anyone offer any advice??

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im unsure of the appeals procedure ect but i would certainly for starters get letters from your wifes GP, pschologist and surgeon confirming that she is not at present fit for work (keep copys). I dont know if the DWP accept them but it would be very interesting to contact your local M.P. with the information you have (or/and get) and see how quick they act then. In my experience (albiet different scenario, never the less regarding DWP) the DWP are very quick to respond to M.P.s :).

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You need to complete the form at the end of this leaftlet: http://www.jobcentreplus.gov.uk/JCP/stellent/groups/jcp/documents/websitecontent/dev_012310.pdf

 

OR send in a letter, stating you wish to appeal, what decision you are appealing and why you disagree - but please note that unless you are noted as an appointee on the benefits system for your wife, that it is your wife who must ask for the appeal, so she must sign the form/letter. If you are not an appointee and she does not sign it, they will send it back for her signature. You must appeal within one month of the date on the decision letter.

 

What will happen, is once the appeal is logged they will pay your wife the basic rate of ESA. They will perform a "reconsideration" where a DWP officer revisits the decision to see if they can revise it in the claimant's favour. If they can revise it in her favour, the appeal will lapse (stop). If they are unable to revise it in her favour, they will forward it to the tribunal's service for action, and your wife will continue to be paid a basic rate of ESA until the appeal is heard.

 

You can also contact Welfare Rights or CAB (both free services which can be located through your local council) for support and advice.

 

Best wishes and just pop back on if you need further advice.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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What will happen, is once the appeal is logged they will pay your wife the basic rate of ESA.

 

Just to add to Erika's great advice, whilst your wife's claim is in appeal there is still the requirement to send up to date sick notes from your GP in order to keep the claim in payment, this is paid at the same amount as your wife currently receives. Also when you send the appeal in, if possible, include any supporting evidence which you may have or be able to obtain such as a letter from the GP and/or consultant.

 

Following the WCA decision a letter will have been sent to your wife's GP to inform them of the outcome, this is where a lot of confusion can arise, the letter to the GP states that no further sick notes are to be issued as the claimant has been found "fit for work". Most GP's stop reading the letter at this point!!! The letter does go on to state that sick notes are required if the claimant is appealing against the decision, so should your wife's GP refuse to issue a sick note citing that the DWP have told him/her to do so be very insistent that the letter also states what is required if an appeal is made. If the GP states they will only issue further sick notes if the DWP inform them to do so, contact the Benefit Delivery Centre dealing with the claim and request that they contact the GP by phone/fax and request a call back to inform you when this has been done.

  • Haha 1

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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Please do - hope all goes well for you and your wife.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 2 weeks later...

Hey folks - just a quick update. The appeal has been accepted and as stated would happen the payments have continued. I'll let you know the outcome of the appeal as and when.

 

Thanks all.

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Great - do keep us informed of any developments, and if you need further guidance - ask!

 

Best wishes,

Erika

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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