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Hello again. Have you had a look at the online link about GL24 forms? I thought part of it was about you getting a copy of the form. I'm a bit rusty on this, but the other thing you could do is to write and ask for a copy. You're certainly entitled to a copy.

 

My best, HB


Illegitimi non carborundum

 

 

 

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thanks honeybee

who do i ring though for the ATOS report is it the DWP ?

They let me fax them through a copy saying i am appealing and i cant believe what the man said on the phone , he said "is this about the medical you failed to attend on the 8th of november" i told him straight i had no letter asking me to attend no medical and it was for the date 16.9.2010 he said today that he,d look into it and he said it was confusing as 2 things on his screens say different things !! (even though he said to me the day before that as soon as he had the fax through they could get me a payment) they try all ways to stall it

thanks again hun

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Yes, I think you ask the DWP for the copy report. I can't remember if that's mentioned in my sticky and if I go and look, I'll lose this post. If you're going to be appealing, the sticky should help you anyway.

 

My best, HB


Illegitimi non carborundum

 

 

 

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heres what i was told :

" you can,t have any payment and to ring ATOS myself and take it up with them (about me saying that the dr hadnt said it would be incomplete and that i taped it etc) and id have to book another appointment myself and when ive had the medical i can ring to see about payment or request a home visit which we will need your dr,s letter first"

is he saying that i cant appeal ?

well me being me i did ring ATOS and was told on the phone "We have a contract with the DWP and we cannot discuss ANY medical with anyone other than the DWP"

im so confused i cant tell you and im full of flu and spent all afternoon on the phone to ATOS (who complained the whole time that they couldnt understand me as im full of flu and my voice is hoarse) and it took almost an hour to get through to the DWP (before u could go in a queue now they automated system will give you an engaged tone or tell you to ring back and then cut you off)

can anyone enlighten me ?

why would they tell me they need it in writing as they hadnt recieved my GL24 form and make me fax over a letter saying i wanted to appeal before any payment is issued and then tell me no you cant have payme

So why did the appeals guy tell me to ring up ATOS ? (i thought only the DWP made appointments for you )

i was told normally that you can get payment after the DWP recieves the form GL24 ?

 

when i rang the DWP just now the woman said on her screen it said "appeal sent over" i asked her why wasnt i being paid and she said "it can take a few days" (so obviously to her there wasnt a valid enough reason why i wasnt being paid so she had to put another request for a call back from the appeals section (which ill get told the same thing "no medical ......no payment" even though i want to appeal

thanks again and sorry to be a pain

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Hi banksarggg, Did you actually have a medical? If so was it stopped for any reason or did it conclude normally?

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yes i had the medical i suffer with agraphobia and i cant tell you how bad it was and the 1st attempt i didnt make it past the office doors but this medical i stayed in the DR office for 18mins (double checked on the recording) he took my medication inout it into the computer asked me a load of questions i then started to have panic attack and said how long would it be i wanted to go and he said it was ok i could go and got up and walked to the door (as in showing me out) because the 2 receptionists had remembered me from the 1st attempt and were wonderful they let me wait in the car outside until the DR was ready to see me and then my husband came and got me ,

i asked the man i spoke to on one of the call backs from the DWP and he said "i cant see any report" so i said "he input a lot of info into the computer i took all of my meds and he asked me questions" and all he said was "take it up with atos"

i got a call back tomorrow that i requested so i can say that ATOS refused to discuss anything with me , i just wish i had knowledge of why they wont pay me

thanks again

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well after speaking to a lady from the DWP it seems i have to make another claim and that will only be successful if i add another illness on , they have sent out a claim pack and said i need my dr to give me a certificate for as far back as i can (even though i hadnt long put one in) and then id have to attend a medical and was told to not expect any payment before the new year , so i rang the crisis loan people (as they have helped before) and was told "cos you get DLA of £66 a week i can only offer you £7.04" i said that i was told before that my dla werent taken into consideration and she went quite nasty on the phone so i left it

then at 5.45pm the housing officer from the council rang me up and said my house is being repossessed on the 17th this month 10 days time (ive had no letter saying that Housing benefit had stopped)

i can honestly say ive had enough , i have flu and a chest infection (i have asthma) and i cant take anymore bad things happening ,the housing are intent on taking my house and DWP are intent on not giving me anything to help me

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@ leemack yes it is a fail to complete/participate see original thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?283979-What-Would-You-Do-Would-Like-Your-Views&p=3207059&highlight=#post3207059

 

1st off get in touch with SHELTER about the housing issues as they have to do things in a set way. Read the guides and then contact them for specifics.

 

http://www.shelter.org.uk/

 

It's only a phone call and instead of arguing blindly with the council you'll hopefully be able to sucker punch em with your rights.

 

I see you're getting some good advice/help with this in the thread you've raised on the rental section of this board.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286502-Plz-help-council-repossession&p=3221785&highlight=#post3221785

 

As you can see I agree with their advice shelter/CAB and do it now.

 

On the ESA front.

 

Yes you were hit with a failed to participate/incomplete medical - this means that a decision has been automatically made that you do not have LCW (Limited Capacity for Work).

 

This decision means the 6 month rule applies from it's date it also means no ESA payment (at appeal rate) whilst appealing & no new ESA claim will be allowed for 6 months unless it is for a new condition or a deterioration of the existing condition.

 

You were advised to appeal against that decision including medical evidence to support the fact that this was due to your condition.

 

Have you done this?

 

Don't quote me on this but I've read somewhere that people on ESA can claim hardship payments if they've appealed and are receiving no money (same as people on JSA can). Not sure on this as it was a passing comment in a discussion on that pay site we're not allowed to mention. Maybe worth looking into as it's better than a crisis loan. Can the site team advise or anyone else?

 

Looking through your post history ( http://www.consumeractiongroup.co.uk/forum/search.php?searchid=174863 ) you seam to be constantly having quite a lot of different issues with benefits, have you (or considered) contacting CAB or Welfare Rights to get there opinion and assistance? If not you really should as you're fighting on a couple of fronts and they can help you sort out this mess.

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Couldn't agree more with speedfreek, with your multiple issues, the best thing you can do is get someone like welfare rights or cab working on your behalf.

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hi all ,

i havent been online in a while ,

i hope someone can enlighten me as some of you know i havent been getting any benefit except dla , i put a new claim in on december 29th i also gave them a new doctors certificate and then rang them up in the middle of january saying that they had forwarded to the right department and on her screen it showed that i had to have a medical before any payment would be made she said that they,d put "urgent" on it and will recieve it shortly , 3 weeks later and all they have done is send me ESA50 form i have to fill in by march 25th ?,

i checked the bank today only to find out my usual DLA is not in the bank and was wondering why it would be stopped as i cant ring them till monday ,

but im going out of my mind cant sleep thinking what is going on

any help gladly appreciated

thanks again

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When does your current claim end?

 

Normally you are sent reknewal docs some months prior to a claim ending to make sure they should just carry on with no gaps of payments if accepted as still entitled. Normally they only stop if a medical has been missed or forms not returned on time.

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hi

thanks for your reply my claim isnt due for renewel till 11th of may so i never filled out the forms immediatly as it just said to fill them and send them back incase there is a gap of payment to ensure that the claim continued , i like to take my time with filling out the forms so that i do it correctly , could it be though cos i havent filled them in even though im not due for review until 11 may ?

thanks again

im so confused

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i was hoping someone could help me yet again ,

i put a new claim in for esa ,they havent paid me anything since november

because they said my medical was incomplete so they said they have had

to class it as "failed to attend" i put an appeal in ,

 

I Made a new claim which they have had since the beginning of january

they told me they could not issue payment until i have a medical first ,

,im still waiting for that appointment i rang twice this week and keep getting told

"yes we have rushed it through and you should recieve an appointment shortly"

 

To make matters worse me and my husband have split up due to his violent behavoir

i had to call the police last friday as his temper he took out on me

im standing my ground that i dont want him back and the police have offered to put in a panic button etc

 

he took all the money with him im left with DLA of £66 a week and hes left me

in a LOT of debt ,

i rang the DWP up and said about the situation and was told

"sorry we cant do anything until you have a medical" so i said "well as long as you have noted the

change of circumstances and what do i do now" but he just repeated the same thing to me

 

im really worried because when i attend this medical and most probally fail it like everyone else

they wont pay me still because i was not in receipt of ESA before the medical and therefore cant be paid the low rate while an appeal is going on ,

 

am i right to be worried about that

any help ill gladly appreciate because i get nowhere with the DWP

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TBH that sounds nasty and not exactly what you need on top of everything else right now is it!

 

From what little I know on the subject best I can suggest would be to contact the Council, CAB & local Womans' support groups in that order.

 

Have a look at what's available in your area and start getting in contact with them to see if they can offer assistance, point you in the right direction and give you some support.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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thank you both , the link am i still able to use it as it says south lancashire and im in wales ?

again thank you both

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It's actually South Lanarkshire in Scotland (my own council, in fact) but yes, the Money Matters/Q&A service is intended for SL residents only. You may well find, though, that your own council offers a similar service. Plug its name into Google or whatever to find them and see what's available.

 

As to the DWP, I worked there and dealt with situations like this occasionally. Most of my colleagues would be sympathetic, but the legislation tied our hands in terms of what we could do. A welfare advice type service might be able to advocate for you - these folks often know the overall benefits picture better than DWP staff, who tend to be trained in very specific areas of specific benefits.


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Can someone please help if they know anything on the subject ive had a lot of trouble as people know with my esa well im still not recieving any money they told me i had to have a medical first , well 5 months later they have finally given me a medical to attend and weird thing is they are doing it without me filling in the ESA50 form ??

 

my husband moved out on the 12th febuary he was in receipt of incapacity , well i had a letter off the housing benefit saying that they wont pay my rent as im not in receipt of a benefit (im living on £66 DLA)

 

i explained on the "change of circumstances" form (saying husband had moved out) that i cannot get ESA till i have a medical

 

i think the DWP are up to no good because ive begged them to give me an appointment for a medical i havent had any benefit since november the 8th

 

and then they said they need ESA50 form to be filled in as they have to be filled in before they can issue a medical

they said they lost mine but i found it in my friends car she had forgotten to post it

so i thought how odd it was that they have given me a date for the 5th april

 

any help gladly appreciate and thank you all

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write a letter of complaint to your local authority, (i would suggest something along the lines of) -

 

Dear sirs

 

Offical Complaint

 

I am in the process of applying for ES, however at the moment my sole income is DLA. I have been advised that you have refused my claim for Housing Benefit.

 

I request that you immediately assess my benefit entitlement based upon my sole income being DLA.

 

If you refuse to do so, please provide me with a detailed explanation as to why I am not entitled to benefit, including the relevant regulations and caselaw upon which your decision is being made.

 

Please note that if you fail to make a decision upon my benefit entitlement or provide the explanation requested, I intend to pursue such failure through the Local Government Ombudsman.

 

Yours faithfully

 

 

address your letter to the benefits manager and cc it to the Chief Executive


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Hi.

 

I maybe able to help you because I have exactly the same problem. I have not read your previous threads so i apologise if some of this has already been covered. DLA as you know has ended and replaced by ESA, everyone who was previously on DLA will have to complete the form and attend a medical. I can not stress how important it is to be fully prepared for the medical, I will come back to this shortly.

 

You will be currently on the minimum benefit of £66, once you have this medical and it is shown that you are unfit for work then it will be back dated, but you must tell them that. Housing benefit goes hand in hand with this medical, if your not successful with the ESA then you won't get housing benefit for 13 weeks. The DWP inform your local Council for both housing benefit and Council Tax, so if you have not already received a letter saying your not entitled to council tax benefit you can expect one. The council will only go on what the DWP tell them.

 

There is currently a back log of some 8 to 12 weeks after your medical before you receive a decision.

 

They can assess your ability to work using any of these 1. The questionnaire. 2. The report from your medical. 3. Your Doctors information.

 

For your medical, I strongly advise that you read this information by following the link.

 

http://www.goodadvicematters.co.uk/index.php/esa/going-to-an-employment-and-support-allowance-medical-assessment-read-this-first/

 

It can be a long process and it does not help when you have bills to pay.

 

Hope that helps.

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DLA has nothing to do with ESA. Incapacity Benefit (IB) is the benefit that ESA replaced.

 

OP - are you still sending in medical certificates?

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thanks all

Yes i am nystagmite , they stopped my ESA for not attending a medical when in fact i did but then they said it was incomplete cos i was in a state , i recorded the medical i was in there for 19 mins so i put an appeal in but was told i wouldnt get nothing , i reapplied but was told i wouldnt get nothing until my medical

point is though i find it weird how they say they "HAVE" to have the "ESA50" form in and they havent had mine but ive got a medical 5th april

and i was worried that they were going to simply say id failed and then say "sorry we cant pay you the lower rate whilst you appeal cos you werent getting it in the first place"

thanks again

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When you appeal, you should get the same rate that you got when you started your claim.

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housing benefit and council tax benefit are income based benefits, they are NOT dependent upon your medical

 

if you are not receiving esa, they should assess you award based upon your other income

 

if you are subsequently awarded esa, and the award is backdated, you benefit should be reassesed to include the esa from the date your award is backdated to (in some instances, this may result in an overpayment, which the council will usually seek to recover)


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Hi.

 

DLA as you know has ended and replaced by ESA, everyone who was previously on DLA will have to complete the form and attend a medical.

 

That is incorrect. DLA is totally seperate to ESA.

 

ESA replaced Incapacity Benefit for all new claimants from 27th October 2008. For claimants who were already in receipt of incapacity benefit or income support on the grounds of incapcity they will gradually be migrated to ESA.

 

DLA is not the same as ESA or IB and no other benefit has replaced it. DLA is to be replaced by PIP but that change is not set to come into effect until at the very least 2013.

 

Hi.

 

Housing benefit goes hand in hand with this medical, if your not successful with the ESA then you won't get housing benefit for 13 weeks.

 

This is also incorrect. Housing Benefit and council tax benefit are not dependent on this medical, on ESA or on any other benefit being in payment. Although HB/CTB claims can be 'linked' to an income based benefit, they are not reliant on it. There is no period of 13 weeks. A housing benefit claim must go into payment within 14 days of the receiving it. If all necessery information has been provided by the claimant and no decision has been made on the HB/CTB, the local authority should make payment on account. If this doesn't happen, complain, citing regulation 93 of the HB regs.

 

 

There is currently a back log of some 8 to 12 weeks after your medical before you receive a decision.

 

 

Again, not entirely accurate. ESA is not processed nationally in one benefit centre. Some benefit centres will have that long a backlog, others longer and others shorter.

 

I don't know where you have got the information from or who has been advising you but it isn't correct. Banksarggg, I urge you to submit the letter id6052 has provided. You might want to also include a bit about payment on account, and refer to regulation 93 of the housing benefit regulations to prevent any further delay in processing your claim. For them to process it based upon your income, you may be asked to provide further information such as bank statements.


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