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davina2

Employment Support Allowance stopped

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I desperately need help.

Today I received a letter that my ESA is stopped on the 17th as well as HB.

I am a single mum and cannot count for help from anyone.

It really bothers me that I received these letters on Friday meaning I cannot speak to my GP or anyone really who can offer advise.

I would like to appeal on Monday or as soon as I succeed to get my medical records.

It is mentioned that the benefits are reinstalled when they receive appeal letter.

 

I would like to know do you get benefits for these days in between your benefits being stopped and the day they receive the appeal letter?

 

This is very important to know as in my case this would mean I have pay for a week or more of housing and I would not get a weak or more in ESA.

 

Any advise appreciated !

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On what grounds has your ESA been stopped?


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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And why would they stop your housing benefit? I'm guessing the DWP told them your benefit is stopped. I'm sure you will get the HB back when you get your appeal in for ESA.

 

Try not to panic over the weekend because I can't imagine too many scenarios where you are not entitled to benefits of some kind.


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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On what grounds has your ESA been stopped?

 

I received 0 points. I am quite mad with them, I do not know where they got their conclusions from that I "CAN" do certain things which I cannot.

 

For example I am sure I told the interviewer that I have a problem with contolling my bladder, which very often goes on on its own.. the document they sent me back clearly said "you can contol your bowel and bladder without difficulties"

 

I am a little bit confused, it seems the first step is to ask them for a review.

Do I get any money during this process? If my HB is unpaid for so long time I am going to get evicted.

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As ESA has been stopped on the grounds that you failed the ATOS assessment for limited capability for work then you will begin to receive ESA at the assessment rate once you appeal. You need to keep sending your GP certificates in to continue receiving your benefit until your appeal is heard, and you cannot claim other benefit such as JSA or IS or you will not be entitled to have the assessment rate awarded pending appeal.

 

The award usually is paid from the last day of entitlement so it should cover the period you are concerned about, provided you can provide a certificate for this period from your GP. It will be paid until the final determination of the appeal.

 

If it did not, it would not affect your entitlement to HB. Although your ESA was linked to HB, HB is not solely dependent on your being in receipt of benefit. If you have no income and intend to appeal you need to let HB know about this to get it reinstated.

 

Don't ask for review/reconsideration - ask for an appeal. They perform a reconsideration as part of the appeals process in any case therefore I don't believe in requesting a reconsideration and prolonging it.


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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davina2, there are loads of us on here in the same boat. Awarded 0 or 2 points at the Atos medical assessment.

 

The only good news is that a lot of people win the appeal. I've got to live on £52 per week for about 8 months. If I win I will get all the money back that I would have got.

 

Atos 'don't give A'TOSs. But we are supporting each other on here.

 

Welcome to the forum, glad you found us.

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Many thanks for your kind answers, I am so scared that my condition might worsen, I keep telling myself that I have to keep positive and strong for my son, I have to be there for him.

 

The irony is that I have just been given a diet for my condition from my doctor, there is no way I can buy these foods. We are surviving on cheap Polish sausages, bread and eggs.

 

Today I keep thinking this is a punishment from God, as when I was healthy and in a good job I was also letting a property and I evicted a mum with 2 kids who lost her benefits.Who would ever think I would once find myself in a same position.

 

I will have a look at the appeal process, many thanks to all who have written tips about the appeal process.

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davina2, there are loads of us on here in the same boat. Awarded 0 or 2 points at the Atos medical assessment.

 

The only good news is that a lot of people win the appeal. I've got to live on £52 per week for about 8 months. If I win I will get all the money back that I would have got.

 

Atos 'don't give A'TOSs. But we are supporting each other on here.

 

Welcome to the forum, glad you found us.

 

dj

 

Why is it for 8 months?

 

Is that how long takes to get to the appeal date?

 

I thought I have seen somewhere that appeal would be in about 5-6 weeks.

 

I had my medical results quite fast, not even 10 days after the Atos medical test.

Edited by davina2

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I asked people on this website and the average waiting time was 8 months.

 

I suppose the DWP is building up a back-log with all the people it's trying to

screw.

 

The tribunal service must be flat-out and (hopefully) realising what Atos is all about. ;)

 

dj


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Why is it for 8 months?

 

Is that how long the appeal lasts?

 

I thought I have seen somewhere that appeal would be in about 5-6 weeks.

 

I had my medical results quite fast, not even 10 days after the Atos medical test.

 

The time it will take for your appeal to be heard depends, basically, on how busy the Tribunals Service is in your area.

 

It could be 5-6 weeks, it could be 8 months. You do get paid at the assessment phase rate during this time, of course.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I desperately need help.

Today I received a letter that my ESA is stopped on the 17th as well as HB.

I am a single mum and cannot count for help from anyone.

It really bothers me that I received these letters on Friday meaning I cannot speak to my GP or anyone really who can offer advise.

I would like to appeal on Monday or as soon as I succeed to get my medical records.

It is mentioned that the benefits are reinstalled when they receive appeal letter.

 

I would like to know do you get benefits for these days in between your benefits being stopped and the day they receive the appeal letter?

 

This is very important to know as in my case this would mean I have pay for a week or more of housing and I would not get a weak or more in ESA.

 

Any advise appreciated !

 

Hi I am sorry to hear that you have had to join our 'club'. I can't add anything at the mo that hasn't been said already. Just make sure you get your appeal in within 30 days and why not approach the CAB for help/advice just to make sure you are getting every penny you are entitled to.

Nothing can happen over the weekend, so go out over the weekend and enjoy the sunshine. Come Monday, start your fight for justice. By the way, from what I know of it, HB is a means tested benefit, so if your income has gone down, presumably your HB will go up.

Anyhow there are a lot of really nice, helpful and understanding people on this site, if you need us, just shout!

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Welcome to, and thank-you for joining us at ESA club davina2. Membership is virtually mandatory once the ESA50 "invitation" arrives through your letter box and the members fee is hardly noticable because it is obtained by easy weekly deductions from benefits.

One of the largest beneficiaries of the members fee is "don't give A'TOSs" who received £111.9million during the 12 months to April 2010.

Some of the other needy recipients of our "largesse" are the registered charities (e.g. A4e, G4 and CDG - yes they avoid tax this way) who provide us with "back-to-work support".

In order that you can enjoy the same "warm glow" we are all getting from knowing that we are helping others - I shall provide some interesting links you may wish to follow. One of these tells you about an estate child named Emma (and her carer) whose lives have been transformed for the better through our generosity, she still lives on an estate and says, "I get pleasure from helping those less fortunate than I am".

 

Emma's story: New Deal – Great Deal!

Read the grateful account of one of Emma's "unfortunates": A4E – More from the poverty pimps the void

 

Read my pal Keith's true story of the "support" provided by CDG, one those nice charities you are now helping: UK Indymedia - New Deal boot camps

 

You'll just wish that you'd joined us sooner and hadn't waited for the invitation.

 

Those who know me here will see that I'm just trying to bring you some humour in these trying times. To quote the Scottish psychiatrist and author RD Laing, "Insanity - a perfectly rational adjustment to an insane world."

 

Kind regards and don't let 'em get you down,

Paul.

Edited by loan_ranger

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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I received 0 points. I am quite mad with them, I do not know where they got their conclusions from that I "CAN" do certain things which I cannot.

 

For example I am sure I told the interviewer that I have a problem with contolling my bladder, which very often goes on on its own.. the document they sent me back clearly said "you can contol your bowel and bladder without difficulties".

Please read this article c/o Brighton Benefits Campaign and all will be made clear. It's probably the best I've ever seen.

Employment and Support Allowance: a new harsher test Brighton Benefits Campaign

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Please read this article c/o Brighton Benefits Campaign and all will be made clear. It's probably the best I've ever seen.

Employment and Support Allowance: a new harsher test Brighton Benefits Campaign

Paul.

 

The whole Atos approach reminds me of this American documentary called Bowling for Columbine, not sure if anyone has seen it.

 

In there the new American social services system was explained, unemployed people were forced to go to work for free. A coach would come to pick them up in early hours of the morning and bring them back in the evening, single mums had to leave their children on their own or in schools for the whole day and they would work in huge posh shopping malls for rich owners who were lucky to secure this deal with the government.I am not sure if this scheme is still on in the US but that is the capitalism American way and UK is getting closer to that than to the capitalism of Old Europe where workers still have more rights.

 

On the other hand, I am not sure where all these people they are attempting to send back to work are actually going to work? There are no jobs, no industry, and people who have jobs have to work double hard to keep these jobs otherwise they are going to be replaced with cheaper workers from Russia, China itd who are single, have no family life in the UK and are able to work for 12 hours etc.

 

In my good times in early 90s I was called three times a day for a job, now there are 3 jobs a year in my field.I suspect it is the same in other fields.

 

Recently I was contacted about a job but when I saw 24x7 I nearly fainted, now I go to buy a bottle of water and I am in pain whole day, as soon as you mention to a potential employer that you prefer less hours and ask about a possibility of part time they never contact you again.

 

So where all these people forced out of benefit are going to work? Who is going to employ them?

 

Obviously, if you are less able, have less energy or have illness you cannot ask for the big wages, you might often have to take a sick leave. And how the potential employers are going to react to this?

 

I personally would be happy to take a part time work when I get a bit better, maybe after my operation and as my doctor advised gradually and slowly but there are no jobs who would take you in gradually and slowly and if you are less capable then tough luck.

Edited by davina2

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I'm glad to see that you've read the suggested article, it's a long one to read but it's worth it.

The whole Atos approach reminds me of this American documentary called Bowling for Columbine, not sure if anyone has seen it.
Ah yes, Michael Moore, excellent. I first knew of him about in 2002 when he brought out the book "Stupid White Men" and did a U.S. TV interview. Much of what he said in this interview went on to be incorporated in his film "Farenheit911" (2004).

Something else you may enjoy is the (free to watch on the web)classic Canadian documentary Manufacturing Consent based on the Noam Chomsky/Edward Herman book by the same name which explores the the propaganda model of the media. Manufacturing_Consent.wmv

 

Regards,

Paul.


I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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BTW, I liked reading the parallel you drew re Bowling for Columbine's workfare situation and the UK's future direction.

You hit the nail square on the head.

 

Regards,

Paul.

 

The first man who, having fenced in a piece of land, said "This is mine," and found people naïve enough to believe him, that man was the true founder of civil society. From how many crimes, wars, and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows: Beware of listening to this impostor; you are undone if you once forget that the fruits of the earth belong to us all, and the earth itself to nobody. ”

— Jean-Jacques Rousseau,

Discourse on Inequality, 1754

Edited by loan_ranger
Jean-Jacques Rousseau

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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BTW, I liked reading the parallel you drew re Bowling for Columbine's workfare situation and the UK's future direction.

You hit the nail square on the head.

 

Personally, I am not too keen on conspiracy theories but these are not conspiracy theories, these are facts!

 

When I was in full time employment and when my condition worsened I tried everything to keep the job, formally asked for part-time, it was refused.

 

You see, if you tend to force the ill people into work then you have to have the whole background of support, in a way this is cheating the employers as well, it is them who will have to deal with many sick leaves and this is going to affect their business.

 

My mum had the same condition as me, she was a single mum of three kids and yet she worked all her life. But she worked 8am to 1pm and she was on full wages and she often took sick leaves, she lived in a different type of a society and the society benefited from her work.

Same time her illness was acknowledged and helped with.

 

There is no way I could be treated like she was treated in her work environment, I have to hide facts about my illness, I cannot even mention it as I am immediately discriminated.

 

What I am saying is that in current work market atmosphere only the strong and healthy survive. If you are not able you are out, easily replaced by a brand new heathy and enthusiastic worker, I have been in this situation and I know what I am talking about.

 

The employers are more sympathetic towards the workers who often take sick leave because they drunk too much the night before then towards the people with a chronic condition, they do not want to hear about your condition, I remember my ex manager saying 'if you are ill, you are ill' yet behind the curtains he did everything to get me out and sack me.

 

And children? It is better not to mention in your work place anything about your child. Better not to mention you even have a child. I am not saying every employer is like this, but in my area of work it was like this. I remember sitting in a meeting room and watching my clock, I had to pick my son up at 6pm, yet there was no way I could leave this meeting room for this but when I get to the nursery and was late, I was threaten of my son loosing his place, it was like that every day.

I remember counting minutes to reach the nursery, running and crying and thinking why in this country nurseries are not open until 7pm, it would make a life easier to many.

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I desperately need help.

Today I received a letter that my ESA is stopped on the 17th as well as HB.

I am a single mum and cannot count for help from anyone.

It really bothers me that I received these letters on Friday meaning I cannot speak to my GP or anyone really who can offer advise.

I would like to appeal on Monday or as soon as I succeed to get my medical records.

It is mentioned that the benefits are reinstalled when they receive appeal letter.

 

I would like to know do you get benefits for these days in between your benefits being stopped and the day they receive the appeal letter?

 

This is very important to know as in my case this would mean I have pay for a week or more of housing and I would not get a weak or more in ESA.

 

Any advise appreciated !

 

From my own experience last year and from a chance conversation with a friend in a shop in the village, i contacted my local welfare rights in Durham and they were very helpful. From my understanding about what the actual process would be, citizens advice would be first port of call and they would then put you onto welfare rights people. Hope this can assist

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davina2, there are loads of us on here in the same boat. Awarded 0 or 2 points at the Atos medical assessment.

 

The only good news is that a lot of people win the appeal. I've got to live on £52 per week for about 8 months. If I win I will get all the money back that I would have got.

 

Atos 'don't give A'TOSs. But we are supporting each other on here.

 

Welcome to the forum, glad you found us.

 

dj

 

Atos "healthcare" had my 1st "assessment" last year and it appears that the decision is made before you go in. As i said to the "doctor" How can an assessment be made in one hour without taking into account the previous 17 years of medical history (Systemic Lupus)

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One thing that I'm finding difficult is that I've got to get my head together in order to prove I can't get my head together.


Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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The government likes to make these rules but never follow thyem.

 

I have had disabilities all my life all congenital. I worked for our government and fell seriously ill and was unable to do the job I was doing and as its such a big company/government agency I requested a more suitable role and for my job to be held open untill I "hope" to get better. After my operation which was not just a routine operation as not many people have what I have, more so at my age. My government employers tried everything to fire me and at one point they did. I started tribunal case and within 4 - 6 weeks I was no longer sacked but was deemed too ill to work and was retired on ill health.

 

Now I was retired on ill health via the medical company theu use CAPITA.

 

So iam on incapacity benefit at the moment and I would expect to be moved to ESA which I then assume will be sent to a ATOS medical which no doubt will fail me, so which government medical people are correct ? the one that actually did a physical assesment and wrote to all my doctors etc and said i was unfit for work or ATOS the computer generated geek.

 

How our tax money is spent on utter **** :)

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Further to my original question, I have started preparing myself for the appeal.

 

I have contacted my GP surgery to obtain my medical records, was advised by the reception to have to do it in writing and she mentioned she did not know how long does it take, she thought it was 2 weeks.

 

I thought 2 weeks to obtain your medical file is far too long, is there anything I can do about it? I have to have my benefits reinstalled, have to hurry up with the appeal, otherwise I will be evicted.

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If it did not, it would not affect your entitlement to HB. Although your ESA was linked to HB, HB is not solely dependent on your being in receipt of benefit. If you have no income and intend to appeal you need to let HB know about this to get it reinstated.

 

Note to all;

 

HB/LHA/CTB will have been suspended pending notification of an income change. Once they are notified of this benefit payments will resume and all back pay paid. :D

 

All OP should have to do is print off a couple of months of bank statement (why they need them I do not know but it helps), sign a declaration (stating; 'I am appealing a decision for ESA benefit. Until that appeal goes through I will be living of my savings until further notice) and complete a change of circumstance form (you can download it from their website. The benefit notification letters may be required to. Call them and ask them what they want but use the above for guidance as it usually works for me :D

 

If your claiming as a couple both people would need to sign this and provide proof of income.

 

I find it's best to visit the council offices in person and get it sorted there and then. It's quicker too than doing it by post.

 

Once the appeal is lodged and ESa paid again guess what you have to fill the forms in and do it all over again :rolleyes:

 

You agree when you apply to inform them of any changes in income saving etc within 30 days. Any change in benefits will be automatically forwarded to the council as a fraud prevention measure. If their notification get there before yours does benefits are suspended and you are notified that this will be so until you tell them.

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I cannot believe, I've just spoken to my GPs surgery and they informed me that a letter was sent from Atos to my GP saying that I failed the medical test and they are advised not to give me any more medical certificates.

 

Tough luck, my doctor has already done that :D, he issued a new medical certificate.

 

Imagine, there is a GP who doesn't understand the system, and if someone comes to them and they do not get medical certificates due to that !

 

My understanding of the new system:

 

ATOS given contract to reduce/stop payments to the most possible level

They fail almost everyone on the medical.

They know the person is going to appeal. During the appeal if the person was receiving the higher rate benefit it is reduced to basic level so there is a saving there.

ATOS knows that during the appeal there is reinstatement of benefits, if the person is still providing the medical certificate.

So they now went though the back door to threaten your GP not to issue any more of the medical certificates.

Edited by davina2

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I wonder if the BMA take an interest in this? HB x


Illegitimi non carborundum

 

 

 

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