ESA appeal and involvment of your Member of Parliament - Does it help?

[stalin's dead]

I was wondering if anyone, following a failed ESA medical, requested support from their MP? Did it have a positive effect and did it in anyway influence the DWP in anyway? Is it worth getting your MP involved to lobby the DWP on your behalf?

 

Just wondering if anyone has personal experience of this?

 

Kindest regards

 

SD

[ErikaPNP]

It can be worth it but it doesn't influence the decision, no as they have to make the decision in accordance with the legislation set. To be frank, most MP's know zip about benefits - and some don't bother to research it. I'll give you an example. I had a lady come to me because she had been refused for a Social Fund Maternity Grant on the grounds that she was not in receipt of a qualifying benefit. She received Incapacity Benefit and Disability Living Allowance. She got nothing else as her partner was a high earner and his salary was way above the threshold for any means tested benefits. She had already contacted her MP who was apparently "outraged" about this and was going to contact DWP and insist they pay her without further delay. I had to very gently explain to her the DWP's decision was correct and that her MP would not be sucessful in securing a payment. She was quite upset and not willing to accept this, even when I showed her the legislation that sets out what a "qualifying benefit" is and it doesn't include IB or DLA. All the MP had to do was get his staff to look into what a qualifying benefit was, but he didn't - he just went in there all guns blazing, giving false hope to this poor lady in the process. Needless to say she didn't get her grant. But if she had been getting something else which was a qualifying benefit and DWP hadn't considered that then the MP's involvement would have had a more positive outcome for her.

 

What they will do is send an outline of your communication to DWP, and this will result in them falling over themselves to look at your case and make sure they have done everything correctly. A response is then sent to your MP who will in turn respond to you. The most that will happen is you will get a result sooner and your case will be scrutinised within an inch of its life, to make sure they have done everything they are supposed to do. If they have done anything incorrectly then it's more likely to be addressed with MP's involvement. If they have made the right decision though in terms of applying the law to the facts then nothing will change because an MP cannot insist DWP ignore the law or the facts and cannot put pressure on the department to come to a specific outcome.

 

So in a nutshell: it is worth it if the decision is wrong and they won't budge. It's not worth it if the decision is correct. If you are not sure whether or not it is correct, it certainly can't do any harm. DWP move quickly when an MP is involved.

[stalin's dead]

E-PNP,

 

Thank you so much for taking the time to reply. It is very much appreciated and your explanation is extremely useful.

 

Kindest regards and have a merry xmas and HNY

 

SD

[ErikaPNP]

You too, my love.

[Roblynmouth]

Hi

 

I have 2 esa appeals ongoing, my MP was sort of helpful whilst he was in opposition, now his party are goverment he dosn't want to know

[Sidewinder]

Then perhaps you need to remind him of that!

 

Always worth a try, and may even put you in touch with somebody better able to help...

[Roblynmouth]

Hi

No i recon that the DWP and the government have got it in for me anyway. I'm the guy whose FOI action caused the DWP millions to put right the cock up they made

Besides which as you might have guessed my MP is a tory. The Tory answer to the unemployed is Concentration Camps

But thanks anyway

[honeybee13]

Fwiw it's worth, some people on the forum have involved their MP and had a good result. Often things start moving much faster. As sidewinder says, you might as well try, and it doesn't cost much at all. You can email an MP via the Houses of Parliament. I have a vague recollection of the title 'They work for you'.

 

My best, HB

[Roblynmouth]

http://www.theyworkforyou.com/

[doktorjohn]

I wrote to my MP about Incapacity Benefit, Atos and ESA.

 

He wrote back, "Whilst there may be concerns about DLA I can assure you it will be fair..... etc etc"

 

He's a Tory so his reply was as expected.

 

They don't actually listen.

 

- dj

 

(Tories, I mean)

[Roblynmouth]

Hi

If its fair why is it under review?

EDIT s**m dont live in the real world

 

Atos are the Quislings of the EDIT world

Edited January 2, 2011 by silverfox1961
Removing totally unsuitable wording

[medsec]

Just saw this - I got my (Tory) MP involved on the advice of the Stroke Association (I had a bleed on the brain last Feb). The outcome is I got an APOLOGY from Atos!! Yes I did. And they said they were sorry the medical had been carried out "wrong" and didn't take into account my cognitive and fatigue problems; and they would "offer further training" to the doctor who carried out the medical. And they apologised for the long wait I had, when the nurse who was supposed to carry it out realised I should be seen by a (more qualifed??!) doctor.

 

That was end of last year. I have just this week had the decision revised in my favour and been paid back pay. In my case, they have agreed that I have "limited capability for work" and as such I'm entitled to ESA.

 

Very stressful but a good outcome. Good luck!