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    • Hello,

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Complex ESA/JSA Problems - Pls help.


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Hiya - newbie here!

 

I wonder if anyone can help me.

 

I have severe depression and am under the care of my local community mental health team and am currently living in a self-contained supported housing mental health project.

 

I was claiming ESA from September 2009 and have had 2 medicals (Dec 2009 & june 2010) - the first 1 I passed the medical and my ESA went up after a few weeks and I was moved into the Support group - then I had another medical in June of this year and scored 0 points and my ESA was stopped on the 10th October. I was advised I was fit to return to work (which I dispute) and to claim JSA. I made an appointment back then with the Mental Health CAB Worker but that was not until tomorrow (4.11.10) and I was told I had a month from the date of the decision re the ESA to lodge an appeal.

 

I went on to claim JSA which I found very stressful and uncomfortable. I have signed on yesterday (Tuesday).

 

I have not received anything in writing from JSA nor any money.

 

I have been calling JSA all week and it turns out that my JSA claim, although live, cannot be progressed as my ESA claim is "live" for a month from the decision that I can return to work should I wish to lodge an appeal.

 

I now have been "forced" to close the ESA claim so the JSA claim can be progressed as I have no money at all and need cash to live.

 

I was forced to approach a loan shark a week before my DLA was due for £200 and had to give him all my DLA (£326 ish) once it was paid.

 

I'm so stressed out by all this - can anyone help me? Can I still appeal the ESA decision even though I was forced to close the claim down and progress the JSA claim because I needed money to live??

 

Rick.

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Hi Guys,

 

I just cannot sleep and am hoping that CAB today will help me - in regards to the staff here they are pretty useless and all they seem to be worried about is getting my Housing Benefit.

 

Thanks for the Inbox Message - as I am new here I am unable to reply but will come on over and "join" you.

 

Rick.

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As an update, JSA called me last night and said that an interim payment of £91 will arrive in my account in 3 working days - so no money until Monday at the earliest - so fed up with this all and this is not doing my mental health any good. He also said that back pay could be deposited into my account tomorrow (i.e. today) and he will call me back at midday. He said that my local job centre was unable to "put on the system" that I attended to sign on on Tuesday due to a power cut on Wednesday - incompetent people, why they couldn't put it on the system on the actual day I went in I will never know.

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Is there no help available from staff in housing project?

 

^^^^ this! Also since your in the care of the local Mental Health team can they not help?

 

If you get no joy from the CAB see if you can get some further advice from a local charity.

 

DIAL http://www.dialuk.info/findadial/index.asp

 

MIND http://www.mind.org.uk/help/mind_in_your_area

 

Your Local Council should also hold a list of local Welfare Rights in your area.

 

In basics you need some help on what to do next.

 

This is confusing me

then I had another medical in June of this year and scored 0 points and my ESA was stopped on the 10th October
- does this mean you appealed the decision in June, it has gone to tribunal and have lost the Appeal?

 

This important to find out as it will determine what the next step to take is?

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Hi Ricke,

Have you recieved a copy of the ATOS report? If not then you should request 1 asap. If you appeal then you can still claim esa at the assesment rate, £65.45 p/w i think, it sounds to me that you should appeal, they seem to think you've been "cured" in just 4 or 5 months.

 

Go see what CAB has to say but whatever they say you should appeal, we'll all help you with an appeal, i've just had my appeal last week, went from 0 points to 18 in about 20 minutes, i'm in the support group so if i can do it then anyone can, going on JSA will only cause your conditions to get worse.

Look at it this way, most appeals take over 6 months, if you appeal and win, they'll owe you £££££ and you get the help you need. If you appeal and lose then you just start a fresh ESA claim, which you can do as your appeal will have taken over the 6 months limit on claiming again for the same thing, and await another medical, when/if you fail that then you appeal again and so the cycle continues, your on esa and not having to go through all the stress of signing on and applying for jobs you can't possibly do or cope with.

 

Good luck whatever you decide, HE

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Hello there. HadEnough is right about what to do. He used my template [for a tribunal' which is on a 'sticky' in the yellow part of the forum, above all the thread titles.

 

Please watch out for the timescale on your appeal, I think it's a month from memory. My sticky has links to advice and forms that could help you. But you need to appeal to the DWP first, even though on past experience they will probably not change anything, unless you're one of the lucky ones.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thanks for your support guys, the CAB lady was very helpful and has completed the appeal paperwork anbd will represent me.

 

It also turns out that I was owed more money on my ESA as am on higher rate care on DLA and should have received an extra £50 a week from March 2010 as I was living alone.

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Hello again. The best thing you can hope for is for someone to represent you. I think I'm right in saying that will be for the tribunal, because the appeal will be done in a DWP office. I hope HadEnough won't mind me saying that s/he set out the appeal information in a format similar to my template. That could help the CAB to help you.

 

Your chances of winning a tribunal if you need to go that far will be enhanced if you have someone to represent you.

 

HB x

Illegitimi non carborundum

 

 

 

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The welfare rights guy said i'd done all his work for him, I used HB's sticky and he said it was the best appeal he'd seen so def use it. If you need any help just ask.

 

ps HB, HE is a He:)

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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The welfare rights guy said i'd done all his work for him, I used HB's sticky and he said it was the best appeal he'd seen so def use it. If you need any help just ask.

 

ps HB, HE is a He:)

 

Great, thanks :-D

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The welfare rights guy said i'd done all his work for him, I used HB's sticky and he said it was the best appeal he'd seen so def use it. If you need any help just ask.

 

ps HB, HE is a He:)

 

Hello HE. I hope I haven't called you she in error. I had assumed from your avatar that you could be male.

 

HB x

Illegitimi non carborundum

 

 

 

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Oh oh!! Go into the Jobcentre first thing on Monday and ask for a GL24 (appeal form). Don't rush filling it in,this is your appeal and you need to put your point across fully. Get one of the mental health team to help you complete the form and also get them to back up your appeal with a covering letter clearly stating the reasons why you are unfit for work. Get the GL24 back to the Jobcentre the same day. I don't know what the Jobcentre is like where you are but what we would do is update the system saying that we had received a valid appeal from you and then we would fax it to them. They won't actually look at it though until they get the original in the post but at least you've started the ball rolling. If as you say they forced you to close your claim to EA then make a complaint. I'd even go as far as going to see your friendly neighbourhood MP and ask him to look into it for you. If there's one thing I know for sure it's that the Department hates getting MP's letters. It'll light some fires under some bums if nothing else. I'm sorry to say that no Jobcentre operates the same way. We all have to follow the same rules and regulations but you also have to take into consideration the individuals circumstances which is what we do. We try and help the best we can with the restrictions we have placed on us. We were actually told off today (again) for phoning ESA direct, as we're not supposed to! Let me know how you get on and if needs be I'll bring a colleague in on it who thankfully is a bit of an expert on this. Good luck

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I forgot to say, if you get any other benefits, housing or council tax ect, ring them and tell em that your appealling or you'll get gaps in your payments.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 2 weeks later...

Hey guys,

 

Thought I'd update ya'll.

 

I finally got my JSA money through, thank god, I have seen the CAB lady who has sent off my GL24 and I got a bog standard letter from them a few days ago.

 

I have now got a case worker from CAB assisting me and I saw her the other day. She is writing to ESA asking for 3 months back pay of the Severe Disabilty Premium (watch this space!) and she called me today to say she is going to speak to the boss of ESA asking for my ESA to be reinstated as I am too unwell to work (was well stressed today as had to sign on - was waiting for 40 mins for my bus to turn up which it didn't and called JCP to tell them I was walking and would be late - then I got a verbal warning for my lateness!) but I may have to do a fresh claim (they have an open ended fit note there) - she will call me back tomorrow.

 

Apparently there is a 6 month or more waiting list for Tribunals here, but she is well switched on and I have faith in her in as much as she will represent me well.

 

Thanks for all your support - I feel more positive now,

 

Rick.

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