Mums ESA/DLA

[speedfreek]

Ok unless you have an award letter stating otherwise then I'd expect it to be the Limited Capacity for Work one where the claim for ESA is decided.

 

(See the Useful links sticky @ top is this page if you need more info on the process and how it works)

 

If they think it's required they may carry out the the second assessment the one for which group they should go into after a short break. They will inform you of this at the time at the end of the 1st assessment.

 

Remember that whilst they have to accept any evidence you give them, they are not there to read or consider it (although they may do). All they are expected/required to do pass it on to the DM. They are there to perform the assessment only so don't be alarmed by that. It's not their job.

[joeblogs]

Hi Everyone, OK I have spoken to ESA Dept and been made appointee (they are sending the forms out), I asked about qualifications of the persons who assessed the questionnaire and also Atos medical people, ESA told me they would be qualified in mental health. I dont really believe this. Anyway then rang Atos Medical and spoke to a bloke who initially refused to discuss anything with me, he wanted to speak with my mom, I told him she speaks to no one and explained she suffers from mental health. He told me that If she needed a home visit I needed to get a doctors letter, he gave me the fax number where to fax the letter and a follow up number to tract the appointment, he said in the meantime an automated appointment would be processed and he would choose the latest time scale for the appointment whilst awaiting the GP's letter requesting a home visit. I again asked if their medical team were qualified and he said they all were. I said well if you had studied the questionnaire it would have been obvious she needed a home visit, and he told me that they always send out the same letter for a medical in a centre. I am now going to gather together as much medical evidence as I can and I will keep you updated of the outcome. My mom's GP is away at present so wont be able to see him till 3rd June. Thanks everybody.

[honeybee13]

Excellent news, JB and well done to the person who suggested it.

 

Hang on in there and gather evidence, as you say. It's been a tough but productive morning, I hope you feel a bit better now, with light at the end of the tunnel?

 

HB x

[happyhamr]

Hellow, joe blogs Hope your mum and you are ok

all i can say is that you will great Support/advice,and Help here.

 

 

" All the best " happyhamr

[ErikaPNP]

So glad you've applied for appointee status, it will make life far easier on your mum, and once your application is granted, they will only correspond with you about her claim, so you need not worry about your mum being frightened by letters or phone calls. Many people don't know it is something they can do.

[joeblogs]

Thanks to everyone who has taken their precious time to respond and help me with my problems, tonight I shall sleep a little easier. I will update everyone over the coming weeks of the progress. Thanks again.

[speedfreek]

Excellent news Joe

 

Good luck with that and please do keep us informed

 

Since I'm about to go through all this interview and medical shenanigans in the next few months your experience here has made me a little less terrified

 

Have you been advised to look at applying DLA too? If not ask about it

 

It may not be around for too much longer but the extra income could be used for a carer or a private therapist.

[joeblogs]

After reading another thread, could you tell me if your benefits are stopped if you fail the Atos medical. I understand you have the right to appeal, but this could take months and my mother is in no financial position to have her benefits stopped as she would lose her rented house. Any advice please.

[loan_ranger]

They don't tell you this, but you need to appeal the ATOS medical immediately. They usually just misleadingly say "sign on" to JSA to everyone in the hope that they'll just roll over and die.

 

Regards,

Paul.

[cbbc]

Hi, You can appeal immediatly and you get the same rate of ESA until your tribunal comes up. You have to continue sending in doctors notes. My appeal took 8 months from the date of my medical.

As soon as I was informed that I had failed the medical the DWP also inform the council tax people that I was no longer in reciept of benefits so your council tax help stops.

When you appeal, also let the council know and they will continue to pay your council tax. They will tell you what ou need to send them.

Just get your appeal in as soon as possible, your money may be delayed but you will get it all back. Good luck.

[joeblogs]

Hi Paul, so if mom fails the medical (God knows how but I think they would say a corpse is fit for work) then as long as she appeals her benefit will continue? Thanks

[Helen2264]

After reading another thread, could you tell me if your benefits are stopped if you fail the Atos medical. I understand you have the right to appeal, but this could take months and my mother is in no financial position to have her benefits stopped as she would lose her rented house. Any advice please.

 

 

 

If she fail her Medical she''ll be thrown straight on to JSA she would have no problem with her rent I am on JSA and get housing benefit. She of course can appeal been in mean time she can claim JSA as soon as. I hope everything goes well for her keeping fingers crossed.

[speedfreek]

If you fail the medical yes the ESA benefit is stopped. If you appeal it will be reinstated and paid at the same rate.

 

No you will not be thrown on to JSA. JSA is one of many benefits you can apply for if you choose not to appeal.

 

Have read through this http://www.dwp.gov.uk/docs/gl24dwp.pdf it's the form you request to appeal.

 

I'm busy atm so I'll quote my post off another board (this is for mental health hence DIAL)

 

You tell DWP that you are going to appeal and fill in a GL24 form which has to be in within a month of the decision date. (You should request all the medical reports from the DWP at the same time.)

 

As soon as that's sent off and processed ESA payments should resume at the assessment rate (the one you were on before). Although I'm seeing a few posts here saying you may have to request that it is paid?

 

You now use their reports and your own medical reports etc and build your case for the tribunal.

 

Depending on the tribunal work load you will receive a date for it (average wait is 6 months could be sooner could be later).

 

Best advice is don't dilly dally & get in touch with a local welfare rights advisor or DIAL and enlist their help in the preparation A.S.A.P. There's loads of

advice on the web to.

Edited May 29, 2010 by speedfreek

[loan_ranger]

Hi Paul, so if mom fails the medical (God knows how but I think they would say a corpse is fit for work) then as long as she appeals her benefit will continue? Thanks

cbbc has the right idea and knows much more than I about it cos I've not yet had to go through this ESA sh1t.

 

I strongly wish to reiterate the very good point made by cbbc regarding informing the council yourself of the appeal so that CTB and HB/LHA aren't stopped without warning. Jobcentre cannot be relied upon to tell the council of continuing eligibility however when someone loses their eligibility JCP will "fall over themselves" to tell the council. Helen is wrong to assume that people are automatically transferred to JSA, no. JSA has to be claimed and forms need to be filled, otherwise it means no DWP benefits and consequently no HB/LHA & CTB will be paid either.

Also, time and time again I have learned of first time JSA claimants filling in the JCP forms for HB/LHA & CTB which come in their Jobseekers info pack, they give these back completed to the JCP thinking they will be sent on to the council only to wait weeks with no news from the council, then on enquiring to the council about the delay in getting HB/LHA & CTB they are told, "nobody told us" and have to begin their claims from scratch with their chances of a backdate left to the mercy of the council.

 

Kindest regards,

Paul.

Edited May 29, 2010 by loan_ranger

[speedfreek]

Not to busy for corrections thank god.

 

Council Tax and Housing benefit payments will be suspended until you get in touch with them. You do not need to be on any benefits or appealing to be paid it.

 

Please read this post (click on link bellow) which covers what happens and why and also what you may need to do in order for them to resume payments again. Act promptly and there should be no missed/delayed payments.

 

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/260705-employment-support-allowance-stopped-2.html#post2946124

Edited May 29, 2010 by speedfreek

[ErikaPNP]

If she fails the medical do not sign on to JSA. Appeal straight away. If she signs on to JSA, she will not be entitled to the assessment rate of ESA whilst appeal is pending, and she will be expected to fulfill the JSA conditions such as look for work. From what you have written in your other post, your mother is in no fit condition to sign on JSA, and would soon lose it for failing to comply with her JSAg. JSA can also take some time to come through. The ESA benefit pending appeal will be triggered as soon as she submits the appeal.

[joeblogs]

Thanks to everyone for their advice and links. Just one more question, are you told at the medical that you have failed or do they write to you? Thanks everyone for your time in replying.

[loan_ranger]

Thanks to everyone for their advice and links. Just one more question, are you told at the medical that you have failed or do they write to you? Thanks everyone for your time in replying.

The official line from ATOS is that it is up to the DWP Decision Maker to decide. However the HCP has a fairly good idea of the consequences of him scoring a claimant with zero (or nearly) points. They (ATOS) never tell the claimant the points scored and repeat the official line about the DM deciding so as to avoid a confrontation with disgruntled and irate victims, it's so much easier to let the "client" find out the bad news 2 weeks later by post.

Although it is true that the DWP DM has the final say on your mum's claim their hands are pretty much tied if the ATOS assessment has zero or few points scored.

 

Regards, Paul.

Edited May 29, 2010 by loan_ranger

[joeblogs]

Thanks Paul, now got a handle on this, cheers.

[loan_ranger]

Thanks Paul, now got a handle on this, cheers.

You're welcome joebloggs, you've been one of the most worthwhile, politest, easiest and grateful caggers I've had the pleasure to help. I'm sure that goes for the rest of us posting on your thread. Good luck to your mum and you and please come back if there's anything else we can help you with.

 

Regards, Paul.

[joeblogs]

That is so very kind of you to say Paul, you have been a real help and support to me at a time when I need all the help I can get so big thanks to you, and to everyone who has taken the time and trouble to reply I am reallyvery greatful. I know I will be back soon with more worries lol.

[joeblogs]

Hi again everyone, I recall reading a post of here recently saying that the DWP had written to the patient's GP saying that they had failed the Atos medical and not to issue the patient with any more sick/fit notes. Can anyone give me the link to this post. Also I am worried that if my mom fails the medical and they write to my mom's GP, that he will go by what they say and not issue further medical notes, then she could lose her house as Housing Benefit would stop. She has been with the same GP for 25 years. Thanks for any advice on this.

[loan_ranger]

Hello again joeblogs,

 

I remember the thread you mean. Basically the letter to the G.P. does begin with some speel telling the G.P. not to do any med certs, however further down the letter says (words to the effect of) "unless the patient is appealing their exam". Some G.P.s won't read that far down but you can tell your mums G.P. that it's going to appeal and warn him/her to ignore the ambiguously worded letter which ATOS has been sending to peoples G.P.s. In any case ATOS isn't empowered to tell G.P.s what to do, cheeky b******s.

 

Kindest regards,

Paul.

[joeblogs]

Hi Paul, Again thanks for your help and speedy reply. Feel better now, you know its bad enough having to deal with my day to day life, getting mom through the day never mind all this red tape. Thanks again you are brill.

[cbbc]

Hi, My G.P never told me he had recieved one of these letters from DWP. He is the one to decide if I am fit enough to go to work. I expect that G.Ps must get a bit fed up with being told what to do by untrained people, he is free to make his own judgement I hope. I'm lucky that I have been with the same doctor for over 20 years so he knows me well, unlike the ATOS doctor!