ESA appeal

[hedid2003]

Hi all

found out today via my bank balance ive been put into wrag from support group.certainly not able to work at the moment im still in a lot of pain and plus where they cut me open hasnt healed yet either.Waiting to go back into hosp for yet another op.by me going from one group to another im 20 pounds down a week which is a lot of money should i appeal,if i appeal what happens regarding money etc and whats the process of appealing.

 

 

Been today for my pathways to work interview she wasnt from pathways and she didnt know who i was,she is now going to put me in touch with remploy.Has anybody heard of remploy who are they? any good? and what do they do?

[loan_ranger]

Hi all

found out today via my bank balance ive been put into wrag from support group.certainly not able to work at the moment im still in a lot of pain and plus where they cut me open hasnt healed yet either.Waiting to go back into hosp for yet another op.by me going from one group to another im 20 pounds down a week which is a lot of money should i appeal,if i appeal what happens regarding money etc and whats the process of appealing.

 

 

Been today for my pathways to work interview she wasnt from pathways and she didnt know who i was,she is now going to put me in touch with remploy.Has anybody heard of remploy who are they? any good? and what do they do?

Hi hedid2003, that's a lot of valid questions. I shall try my best to help however someone else can come along later with their most welcome advice.

It sounds as if the Atosh medical examiner (not necessarily authorative by qualification or competence) has put a timescale on your recovery, humm - did they even consider medical complications or further surgery? this is most unlikely when they use a computer scored system (LiMA - Logic integrated Medical Assessment) which is a rework of the Unum Provident software developed for the U.S. medical insurance industry in order to reduce the amounts and numbers of successful claims by redefining the criteria of illnesses and disabilities. More disturbing is the fact that the ATOS handbook advises them (their employees) to ignore all outside medical evidence (from GPs, Surgeons and Consultants). So there you have it, a person of questionable competence and a jobsworth medical mercenary getting £32,000/year or a Dr. making up to £250- 300k for their loyalty to the company thinks that they know occupational health, or, they're just in this for easy money - apparently HMG hasn't got this yet.

 

Next, regarding appeals - go for this immediately, I'll be along later with a download link for the GL24 form and some info - however there are members more experienced in this who will advise you about filling the form in.

 

Something which you might or ought to consider is that the wrag and support groups are different in that the support group as it is currently defined by legislation is a group which deals with severe and enduring conditions. I'm recovering from ill health myself (nervous breakdown) however this wouldn't be reason enough to be put into the support group permanently, my Asperger Syndrome may be good reason because all employments of me have failed, even my best mates wouldn't employ me - never mind a private sector commercial enterprise, I've a high IQ but in their terms I'm always going to be a "nutty fruit cake". Nevertheless, I wear my badge with pride because intellectually, morally and culturally I can knock most people into a cocked hat - DWP, JCP and Government peruse my web and despair. Sorry I've just gone mad again. Tub thumping rant!

 

Next point, ah - Remploy and Pathways.

I can show you evidence from Hansard (the official dictated/steno reports of all that is said in Parliament) of how the last government cut funds to Remploy which resulted in them closing a factory specifically employing the disabled (which was Remploy's main purpose) several years ago and the loss of 2000 jobs which supported for the needs of disabled employees. I would guess that Remploy are making the best of the situation because the complete removal of government support would finish them off. I'm suspicious of charities becoming "bedfellows" with the welfare reforms and although the pathways advisers are helpful, always remember that - he who pays the piper calls the tune.

 

I wish you the best and your queries are most valid and interesting. Please don't leave the forums because of my reply, I'm severely mentally ill for now but I'll be fine next week.

 

Assuring you of my best regards and highest respect, Paul.

Edited August 18, 2010 by loan_ranger
had to change "their" to "they're" - blerry Asperger's pedantry

[honeybee13]

Hello there. My sticky on this forum has a link to the online GL24 form, at least I hope it still does. If not, please repost and I'll find it for you.

 

HB

 

PS LR, I have cleared my inbox, sorry about the problem earlier.

[loan_ranger]

Sorry I forgot to answer the financial question, methinks that you lose the £20 difference until the appeal/tribunal gets heard - if you're successful a backdate is due.

Edited August 18, 2010 by loan_ranger
your/you're - "I told you I was ill" (Spike Milligan)

[loan_ranger]

Cheers HB, I'm off to the superstore cos I need some grub and baccy. I'll write a pm when I get back.

Kindest regards, Paul.

 

Changed plan -it's raining and "persisting it down" so I'm still at home.

Edited August 18, 2010 by loan_ranger

[speedfreek]

Sorry I forgot to answer the financial question, methinks that you lose the £20 difference until the appeal/tribunal gets heard - if you're successful a backdate is due.

 

You'll be paid at the WRAG rate until your recon/appeal is decided.

 

Taken from this thread on the same subject

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272733-Esa-query&p=3081985&highlight=#post3081985

Edited August 19, 2010 by speedfreek

[hedid2003]

Thanks all for replying.

The thing that is on my mind is i live on my own will that go against me?secondly i was on benefits and work website reading sample pages on how to appeal,in one of the sections which is called IS THERE ANY RISK IF YOU CHALLENGE A DECISION.One of the answers was IF YOU WERE AWARDED ESA BUT PUT INTO WRAG AND YOU FEEL YOU SHOULD BE PUT IN SUPPORT GROUP.CHALLENGING THE DECISION IS A POTENTIAL RISK THIS IS BECAUSE BY ASKING TO HAVE THE DECISION LOOKED AT AGAIN YOU OPEN UP THE POSSIBILITY THAT A NEW DECISION WILL BE MADE THAT YOU ARE NOT ENTITLED TO ANY RATE OF ESA AT ALL.When i read this well you can probably guess what i was thinking,maybe someone could reassure me that its not that bad,oh i do know that anything like this there is a risk involved.

[hedid2003]

Another thing whats on me mind is the unknown person i saw yesterday at the job centre,after she told me she was putting me in touch with remploy i would have to attend another 5 interviews ,no problem

with that.I then asked what happens after the 5 interviews with remploy,Well i may as well have phoned me mum and asked her,so the mystery unknown person didnt really know.Does anybody out there have any idea as to what happens after the 5 interviews?

[speedfreek]

I'll bump this

 

Pathway is just that 6 interviews. They are compulsory but can be differed (put off to a later date) if needed. Everyone agrees they are absolutely pointless as they are happening to early in the ESA claim for them to be what little use they may be. You can even request more if you want to at a later date.

 

As for the move from Support to WRAG groups. Have you contacted the DWP to get reasons for this decision in writing? You only have a month from the date for the decision letter so you need to get cracking.

 

Yes there's a risk in everything so look for a local advice service for help. That shouldn't put you off as you've already passed the major hurdle and have enough points and have already been in the support group so are in a stronger position to win this than those starting from scratch.

[hedid2003]

Thanks speedfreek

I contacted dwp soon as i knew id been put into wrag,they werent that helpful the only thing they told me was if i was unhappy with the decision write to dwp stating i was unhappy with decision they gave me and to put it all in writng then send it to dwp,on monday first thing i will be phoning and asking for a copy of report then i shall get gl24 form and take it from there.

Will any part of appealing cost me any money,after reading other foums they have had representatives surely they dont come cheap?

[ErikaPNP]

You can get free representation in the form of Welfare Rights officers (ask at your local council) or CAB.

[speedfreek]

They haven't sent you a reason for it in writing?

 

You really need to find out the date of the decision and the reasons why!

 

If you need some extra time you could request a written reason for the decision. Table 2 here http://www.cpag.org.uk/cro/wrb/wrb170/time_to_appeal.htm

 

Where written statement of reasons are requested and provided within one month, to within one month and 14 days; or Where written statement of reasons are requested but not provided within one month, to within 14 days of the date the reasons are provided

 

Try and get help (Erika is spot on with councils website etc) as it always help with appeals. Plus if you find someone you may also qualify for free legal assistance. This is handy if you need additional medical reports as their costs should be covered by the scheme.

[hedid2003]

Nothing in witing, is this usual of them,cos this is wrong and very sneaky of them.

[speedfreek]

Hopefully someone else with more knowledge can advise here as I'm only new to all this.

 

I'd expect at the very least a letter telling you about the decision, telling you what this decision was, from what date it was made and stating the ESA rate you are now being paid.

 

May be even a letter explaining how they came to this decision?

 

They seam to be very slack with letters atm and the ESA phone staff just seam to be in denial when you ask them where letters are?

 

I called Thursday to be told my appeal was accepted and my payment went through the same day. I've received no notification from the DWP that my appeal was accepted or that they've re-instated payments (i.e. an awards notice) - I'll be chasing these 2 Mon as my council will need these award letters to change my Housing Benefit Council tax records.

 

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That's a point have you filled in a change of circumstance form to inform the council of the change in your ESA rate if you are receiving Housing or Council tax benefit? You may have to tell other DWP depts if you are receiving other benefits?

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When my ESA was originally failed I received a letter telling me that and that they would be sending me a further letter explaining why. When telephoned and asked about where this was letter it's existence was denied by 2 different members of staff. Amazingly this letter which didn't exist turned up 23 days later and the letter & was stamped by their internal mail opening team which means it had been lost in their internal system for up to 19 days! Worked in my favour as they send my ATOS medical report within 2 days after the last call which was invaluable to have access to for my appeal

 

I had to ask on here about it as I was that confused about it all? Hopefully there's someone on who can help better with this one.