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    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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Esa - after how many weeks on esa do you have a medical?


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I have been on JSA© for 5 months, my doctor will give me a sick note (probably 1 month sicknote at a time) for depression/anxiety from being made redundant etc, so I can apply for a claim for ESA, I just need a few weeks without hassle for JCP staff giving me grief at the moment, I am not looking to receive a financial gain. I have a few questions:

 

I note that the assessment phase is for the first 13 weeks, I will definately not be on ESA for longer than 13 weeks, probably more like 9-10 weeks, I do intend to find a position afer this period.

 

1) What is the weekly process of how the ESA works.

 

2) Is the initial 13 week assessment phase based on your doctors sick note (will I have to attend the jobcentre in these weeks)?

 

3) At how many weeks into the ESA claim will the work-focused interview with a jobcentre plus advisor happen?

 

4) At how many weeks into the ESA claim does the Work Capability Assessment start?

 

5) At how many weeks into the ESA claim will I be sent for a medical assessment?

 

I am aware of al the standard procedures that should happen from Direct.gov website etc, I want to know peoples real life experiences to the above questions.

 

Apologies, for the long first post, thanks in advance to any replies.

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I've known assessments be as early as 8 weeks, or as late as 6 months and anything inbetween. The med cert covers you until you get the result of the assessment. My first work focused interview was about 16 weeks in.

 

You start on the assessment rate, you receive an ESA50 work capability assessment to complete - this can be anytime in the first 13 weeks. You send it back, the DWP may contact your GP. You receive an appointment for an atos assessment, you attend the assessment. 2-8 weeks later you get the result. At some point you have a work focused interview.

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The medical assessment and work capacity are the same thing. It starts after 13 weeks.

 

Thanks for Clearing that up.

 

I've known assessments be as early as 8 weeks, or as late as 6 months and anything inbetween. The med cert covers you until you get the result of the assessment. My first work focused interview was about 16 weeks in.

 

You start on the assessment rate, you receive an ESA50 work capability assessment to complete - this can be anytime in the first 13 weeks. You send it back, the DWP may contact your GP. You receive an appointment for an atos assessment, you attend the assessment. 2-8 weeks later you get the result. At some point you have a work focused interview.

 

 

 

Cheers leemack, thats very helpful, and full answer, very appreciated.

 

At what week did you have the actual medical assesment at atos?

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Wish they $%^&*( would! :evil:

Rae

 

Be careful what you wish for - a GP who didn't know me just put one condition down - I have about 10! Luckily, my medications really speak for themselves, otherwise the GP report would have screwed me.

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Yes, the earliest medical I saw was 8 weeks in. But if you're looking to delay it, then they give you 6 weeks to return the esa50 - until you return it you won't have a medical (though you do need to return it within the time limit). The medical at 8 weeks was for someone who had received their ESA50 at 5 weeks and sent it straight back.

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Yes, the earliest medical I saw was 8 weeks in. But if you're looking to delay it, then they give you 6 weeks to return the esa50 - until you return it you won't have a medical (though you do need to return it within the time limit). The medical at 8 weeks was for someone who had received their ESA50 at 5 weeks and sent it straight back.

 

Thanks again, brilliant, I will look to delay as long. I appreciate your help.

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That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

Edited by achvour
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That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

 

I've noticed lot of your posts are very scathing about benefit claimants and portray the few as the many. How do you know all of these people who are taking advantage of the system?

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I've noticed lot of your posts are very scathing about benefit claimants and portray the few as the many. How do you know all of these people who are taking advantage of the system?

 

I think he may be one. he's a well-known troll on another website.

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  • 5 months later...

Any advice would be appreciated my daughter as stuggled for 10 years with depression and takes medication for it she as just lost her job they may have chosen her for redundancy due to her having a lot of time off due to her depression. She applied for ESA on 1st September she approached her GP for a sick note he as given her one for 8 weeks back dated to the 1st September he said it would be difficult to give her another sick note after this period as ESA are not liking GP`s issuing them out for depression as a lot of people with depression manage to work with it.

 

I find this disgusting that mental health is being dismissed by anyone as a reason not to work, ESA was awarded pending a sick note being sent in and depression was the only thing put down on the claim form, will my daughter require further sick notes after this 8 week sick notes runs out? to be able to carry on receiving ESA?

 

She is under 24 and lives in a 2 bedroomed private rented home she is already having the upset of not receiving full rent allowance she is entitled to £48.50 per week of the £80 a week rent as she lives alone and is under 25 and all she is to get on ESA is £53 a week yet this does not even cover her basic standards of living then they wonder why peoples mental health worsens, on top of this the council have sent her a bill for council tax still owing and want £37 a month for this out of the £53 she gets a week.

 

A woman at the council said a lot of single girls are getting pregnant as this seems an escape route to getting full rent and not being forced into work till their child is 5 this is unbelievable but I can understand it

 

The thought of even being made to look for work let alone do any work as left her very anxious she isn`t sleeping

Edited by Laura Cooke
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That's what my GP did to me. Put down one of eight conditions. I felt a fraud telling the ATOS assessor that I had other problems that the GP hadn't mentioned. Oh yeah!! - his face said it all!!!

 

Even if you fail the assessment, you can appeal and carry on receiving ESA until the appeal is heard in about 12 months time. All you have to do is keep producing sick notes.

I have known people get a sick note for the most ridiculous of reasons without a hope in h*ll of ever passing the assessment, yet they have been on the assessment rate (currently £67.50pw) for nearly 18 months from when they first claimed!! When (not if) they fail at the appeal hearing, and given that timescale, they then start the whole ball rolling again with the same illness - new claim, new assessment and another appeal!!

 

Can't say that I agree with doing that, but the system is wide open to abuse if the alternative is having to sign on.

 

Its almost like this is what the Government want to happen.

They save money as you lose a part of your benefit, but you also don't increase the unemployment as you don't go back to signing on.

Not that I'm being cynical.

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