Nil Points

[wishface]

Just got the results of my ATOS medical this morning. Not surprisingly i have scored 0 points. The scoresheet doesn't cover very much it seems. The problems I have were not highlighted at all, including the interviewer inviting me to comment on my eyes (they get tired very easily and don't focus properly without each other so they look weird - I didn't even mention it on the form). The usual.

 

So I have to fill in form GL24 and send it back within 1 month to initiate the appeal process. They didn't include this form, which didn't seem very helpful (surprise surprise). Also the letter explaining that I have to fill and return that form doesn't say that appealing guarantees payment of ESA at the assessment rate until a decision is made. It seems to suggest it's conditional; it says 'you may' still be paid ESA. Why would there be doubt; surely it's yes or no across the board?

[Kicking-Us-Off-ESA]

Hi Wish.

 

Sorry to here that.

 

Seems the pace of these people giving no points.

[wishface]

I'm not remotely surprised. A little disappointed. But so long as the rules are clear: if you appeal you are GUARANTEED assessment rate ESA (if nothing else) while appealing that's ok. It's what i'd been planning for.

[Kicking-Us-Off-ESA]

I'm not remotely surprised. A little disappointed. But so long as the rules are clear: if you appeal you are GUARANTEED assessment rate ESA (if nothing else) while appealing that's ok. It's what i'd been planning for.

 

Wish

what is the assessment rate.

[HadEnough]

Ass rate is £65.30 per week, you must send in sick notes while awaiting your appeal date, there is no doubt you are entitled to ass rate, ring them and tell them that your appealing and don't let them fob you off. Some of them don't seem to understand the rules( their jobs).

[honeybee13]

Hello again wishface. We've been through this a few times together, haven't we? I hope you have the answers on your other threads.

 

If you don't have a GL24 form, you can access one online and print it if you have a printer. Otherwise you need to ask the local benefits office.

 

HB

[wishface]

'we have been through'

 

I'm simply asking for clarification on the policy since the DWP letter says that claiming ESA while appealing is anything but guaranteed.

 

I would like to think in this forum that isn't a problem.

[honeybee13]

HB

[doktorjohn]

I think the assessment rate is £52 per week.

[doktorjohn]

Here is a link to a GL24. The bit you fill out is right at the end.

 

 

http://www.dwp.gov.uk/docs/gl24dwp.pdf

[wishface]

I think the assessment rate is £52 per week.

Isn't it £65? That's what i've been receiving up to now.

[Kicking-Us-Off-ESA]

Isn't it £65? That's what i've been receiving up to now.

 

Well im confused nowing to what it is! £52 or £65 it's joke how do they expect you to pay all house hold bills and feed yorself on that.

[antone]

Well im confused nowing to what it is! £52 or £65 it's joke how do they expect you to pay all house hold bills and feed yorself on that.

 

Assessment phase rate is about £65 if you are 25 or older and about £52 if you are younger. As to how you're expected to pay bills and eat, well, I don't know. But it's the rate set by law.

 

You will be paid ESA at the assessment rate if you submit a properly completed GL24 or appeal in writing in another way, provided you continue to provide medical certificates and comply with other conditions of the benefit. It can take a couple of weeks to restart payments in these circumstances.

[wishface]

What defines a properly completed GL24? From what I can see it's just an open space to note your appeal? Is there anything i should watch out for?

 

Also, according to the ESA department, if the process up to and including the appeal isn't covered by your doctor (which won't make him happy), then the appeal is cancelled as the claim is closed.

[Two4Tuesday]

I'm simply asking for clarification on the policy since the DWP letter says that claiming ESA while appealing is anything but guaranteed.

 

I imagine that the assessment rate is not guaranteed simply because there are some people who would not get it (having over £16,000 in savings and not meeting the National Insurance Contributions condition)

[doktorjohn]

I must apologise for saying the assessment rate is £52 per week but that's what I get. I am appealing my IB so I guess it's different.

 

I've been living on £52 per week since early April 2010 and I expect to do so for several more months.

 

They don't know what they are doing because I was told many contradicting things when my appeal was accepted.

 

dj

[doktorjohn]

This is some advice on how to appeal:-

 

I wish to appeal against the decision that I do not have limited capability for work. I consider

that I provided enough evidence for a finding to be made that I do have limited capability for

work [if you think you should be in the support group add the words ‘and limited capability for

work-related activity].

I do not consider that the decision maker took full account of the severity of my condition or of

the way that it affects my everyday activities and bodily functions.

[if you wish, you can give an example of why you think the decision maker got it wrong, such as:

For example, in my questionnaire I stated that because of my depression I usually cannot

motivate myself to do everyday things like getting out of bed, washing, dressing or eating

breakfast unless my partner repeatedly encourages me. Yet I was awarded no points for this.

This is only one example of why I think the decision is wrong.]

Please do not ask me to provide further details of my grounds of appeal as I will not be able to

do so until I have been provided with a full copy of the papers and had the opportunity to try to

get independent advice and support.

[loan_ranger]

Re. the ESA rate during the appeal, I can't say for sure because I've not "been there" myself, however I distinctly remember when the welfare reform bill was still in the early stages (i.e. "green paper" being debated in Westminster in late 2007) the proposal was that claims going to appeal would be paid at 80% of the base I.S. rate (which is the same as JSA), therefore 80% of £65.30 = £52.24/week. I reckon dj is "on the money".

[ErikaPNP]

A properly completed GL24 (or a "duly made appeal") just means the claimant must give sufficient information within the GL24 (or letter, if the appeal is by letter) for the DWP to locate the decision which is being challenged, (Name, address, NI number, name of benefit being appealed against), the appeal must contain grounds for the appeal (reasons why the claimant feels the decision is incorrect), and it must be signed by the claimant or their appointee.

 

ESA assessment rate payable pending an appeal is £65.45 for a person over 25, and £51.85 for a person under 25.

 

For IB appeals, a person can either claim JSA or be paid income support at a reduced rate pending the appeal outcome. The reduced rate is 20% less than the current income support rate. Income Support is currently £65.45 for a person over 25. So for a person over the age of 25 appealing an IB decision, they can receive £52.36. For a person under 25, Income support is currently £51.85 so they can get £41.48 pending an IB appeal.

[wishface]

Well i sent the appeal form off. I hope it at least allows me to have an income for the next few months if nothing else. Thanks for the help.

[emmaf01]

If you need help with your appeal, your local council welfare rights officer may be able to help. Just ring the council and ask for welfare rights to get an appointment.

[doktorjohn]

Welfare rights officers are a dying breed. Even the CAB is too stretched to represent people but they will advise. Some areas have an "Advocacy Service" usually in the local mental health department.

 

Gone are the days of Legal Aid for us lot too.

 

dj

[emmaf01]

I would also like to add that the Princess Royal Trust for Carers often have very good welfare rights officers as do MIND. I have received great help from both.

[wishface]

Letter hasn't 'arrived' as yet.

 

Hopefully sooner rather than later. Not knowing where I stand is, as ever, the problem when dealing with the bloody DWP.

[wishface]

The DWP have written back in receipt of my GL24, received on the 11 (apparently). But there is no mention of the restoration of ESA, nor does it say that, if that's the case, payment will carry on from the point it was stopped (so that there's no break in payments).

 

What the DWP seem to say (and regardless they are the ones holding the pursestrings) and what is advised here are two different things and, understandably I think, I don't know what to believe.