Esa stopped please help

[ender77]

My Son suffers with severe mental health issues, and originally applied for ESA in 2009

 

During times when he is ill he moves in with me as my ex wife cannot cope. She has had mental health issues for 30 years.

 

My SON applied for ESA and had his original ESA medical in January 2010 after the assessment phase, he passed this and was placed in the support group.

 

In September he was asked to complete a second ESA50. My son is listed a living with my ex wife, so all DWP correspondence is sent to her address.

 

Unfortuantly due to fact she was hospitalised on and off for 5 months this year a lot of correspondence from Atos and dwp WAS unopened late.

 

This was all explained to ATOS In a letter , They then subsequently requested a new ESA medical assessemnt and gave a date to attend. I phoned outlining the fact my son's condition had worsened and that I could take no more time of work because i took a lot of time of aiding my ex-wife.

 

My son is unable to attend the medical alone, he does not leave the the house when he is ill.

 

I requested a new appointment with a weekend date or a home visit, they said they would pass the message on to the relevant department and they would contact me in due course. No one called me back or wrote.

 

They then sent another letter with a new date for the medical which again was a week day , I phoned again outlining the points made in my previous call, I then wrote to ATOS, detailing my son's health issues and the reasons why we required a weekend appointment or home visit.

 

The next letter from the dwp was in January which was my sons p45 and various letter stating he failled to provide reasons for the missed medical. They have deemed him fit for work they day after the medical date.

 

DWP say they wrote to my son asking for reasons why he did not attend the medical but, i never saw this letter and I open all his mail that my ex wife passes on to me.

 

My sons health is now probably worse than when he had his original assessment which he passed.

 

Please can anyone help

[christospalmer]

I also suffer from severe mental health problems like your son, and also claim ESA, I went to my medical with a support worker from MIND, they have been a brilliant source of support for me over the years. I would suggest contacting them, which is very recommended, or another charity for help.

[honeybee13]

Good advice, Christos. You could also see if you have Welfare Rights in your area, usually found through your local council or the CAB. People here have also said that DIAL are very helpful.

 

Please let us know how you get on.

 

My best, HB

[leemack]

Firstly you need to appeal the decision stopping his benefit, giving copies of the letters you sent (if possible) and detail any phonecalls and actions you took to explain your son's condition and get a medical organised. You may then want to contact your MP to intervene on your son's behalf. This is a typical example of atos not taking the needs of the claimant into account and not assisting you to arrange the medical at an appropriate time or place. Give your address as a correspondance address for the appeal and the old claim, so you can deal with paperwork promptly.

 

You also need to apply for ESA again on behalf of your son. He will need to get another med cert. You may want to give your address as a correspondance address on this claim aswell and your phone number, to ensure no further communications are missed. His ESA on the new claim won't be paid until he has a medical unfortuntely - but if the appeal is succesful, the new claim won't matter.

[ender77]

Thanks everyone for you replies.

 

I contacted the CAB today and they agreed with all the advice given here.

 

Letters of appeal have been drafted and will be sent registered mail along with all previous letters sent to ATOS.

[honeybee13]

My, that was quick. Please let us know how you get on.

 

My best, HB