ESA appeal, reclaim and possible GP collusion

[leemack]

what do you mean a 'submission'?

 

thanks

 

Basically a written statement stating your case, explaining why the atos assessment shouldn't be relied upon, and what points you think you should score and why.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301700-ESA-Tribunal-Hearing-Anxiety/page3

 

post #45 is an example of one caggers helped nottingham with.

[RaeUK]

Hi SD, so sorry to read of your troubles. Having an 'invisible' illness is a real nuisance. Yours is epilepsy, mine is severe COPD. Like yourself, I look fine. Hale and hearty. Fit as a fiddle on the outside. But it's only when people see you gasping for breathe in my case, out for the count in yours, that they get an inkling of our world. And thats a b*gger to get across to a tribunal. Don't be too sure that having a rep is a good thing. My last tribunal I had a CAB rep with me. I really wish I hadn't bothered. I don't recall him contributing one word to the proceeding. I thought he would be a vocal asset. He wasn't. I have my second tribunal coming up and I'm doing that one alone. [i'll start a thread on that in a day or two]. I can't do any worse! I have zero care issues at present and, as long as I can park outside, then I can get to the tribunal without difficulties.

Personally, I'll never 'act'. I hope the tribunal is on one of my bad days but Murphy's Law dictates I'll be full of beans and bright and breezy! That's ok too, I'd just have to describe better. However I feel on the day, I'll never ever be anything other than myself. You know you can always reapply and continue the whole rotten circus for another year ...

Best wishes

Rae

[leemack]

Unfortunately there isn't a lot a rep can do at the tribunal - usually the best input they do is to prepare the case, compile evidence and write a submission - the work before the tribunal. Sometimes a rep will intervene if a tribunal is not behaving well, or at the end to bring attention to issues that haven't been covered by the questions, or sometimes as a redirect - where an answer hasn't in the rep's opinion been clear, or its been misleading - more information can be sought from the client to clarify. But as with anything, there are good and bad reps, and you don't know which you're getting.

[RaeUK]

Can't disagree with that, Leemack. In my area CAB has a foul reputation. They did no preparation work on my case and did nothing in the tribunal when - in my view - they could have. They are seen as complete idiots. That said, in other area's they are quite effective. Again, in my area, there is no other welfare rights organisations that we can call on. You really are better off on your own. [This, naturally, may not be the case where SD is ...]

[stalin's dead]

There's a sticky on this board where one of the mods (Erika?) wrote a submission. It's basically a letter to the tribunal stating you believe you meet x criteria and why you believe this to be so.

 

Nyst,

 

of course, yes, I did one of those. A little confused about what you mean't.

 

thanks anyway

 

cheers

[stalin's dead]

thanks for contributing to this thread guys/gals

 

appreciated and will follow your travails with eager interest

 

I fully intend to submut a new ESA claim now ive been told by the DWP that I can

 

thanks

 

SD

[leemack]

Can't disagree with that, Leemack. In my area CAB has a foul reputation. They did no preparation work on my case and did nothing in the tribunal when - in my view - they could have. They are seen as complete idiots. That said, in other area's they are quite effective. Again, in my area, there is no other welfare rights organisations that we can call on. You really are better off on your own. [This, naturally, may not be the case where SD is ...]

 

Yes, CAB's in particular are very variable. A good adviser would have an initial hour meeting with you to go over your case and go through the atos report, gather info about any professionals you deal with ie docs, physios, nurses etc, and ask for any further info you might be able to collate - previous reports, diary evidence etc. Send you a letter confirming everything spoken about and detailing the appeals process. The next step would be to compile a questionnaire about how your condition relates to the descriptors and send it out to the professionals (they don't always return it). Once all the evidence is in, prepare the submission, ripping into the atos report and using evidence collected to back up the descriptors. Then have a further meeting to go over what will happen during the tribunal, go over the submission and make any amendments.

 

If they didn't do any of that, then what on earth is the point of being a benefits caseworker dealing with appeals.

 

Well, you know you have the support of the caggers.

[RaeUK]

Leemack, you detail my ideal world! They, however, did none of that whatsoever - for my area at least. But, as you rightly say, I'm blessed with a posse of Caggers.

[stalin's dead]

Can anyone with experience of an ESA appeal process answer the following:

 

How long does it take (in days) for the DWP to inform me of the cessation of my ESA payments?

How long does an ESA reclaim now take following a failed ESA appeal?

 

appreciated

 

sd

[flumps1976]

I can only try to give a small amount of input as I'm not ESA trained sorry.

ESA should notify you fairly promptly regarding any disallowance but it isn't possible to give the exact number of days.

With a rapid reclaim to ESA I believe they are fairly similar to JSA rapid reclaims and on receipt of the paperwork mosdt are up and running within a working week as long as your medical evidence has also been supplied (this is usually where the delays happen from people I've seen for AJCS appointments).

When did you submit your rapid reclaim? Has it been more than 6 months since you were originally informed that you failed the medical, if not you won't be able to reclaim under the same health condition.

I'm sorry if I have been much help

[stalin's dead]

I can only try to give a small amount of input as I'm not ESA trained sorry.

ESA should notify you fairly promptly regarding any disallowance but it isn't possible to give the exact number of days.

With a rapid reclaim to ESA I believe they are fairly similar to JSA rapid reclaims and on receipt of the paperwork mosdt are up and running within a working week as long as your medical evidence has also been supplied (this is usually where the delays happen from people I've seen for AJCS appointments).

When did you submit your rapid reclaim? Has it been more than 6 months since you were originally informed that you failed the medical, if not you won't be able to reclaim under the same health condition.

I'm sorry if I have been much help

 

I've satsified the 6 month rule by at least 3 months so that's ok so will await a letter from the DWP confirming they've been told by the appeal tribunal that my appeal was disallowed and then i shall reapply for esa

 

thanks for responding

 

appreciated

 

sd

[RaeUK]

I don't think you need to sit back and wait, SD. When I failed my Tribunal last year I phoned the DWP the next day. I explained what had happened and said I'd like to re-apply for ESA. The forms where sent there and then and I don't recall much of a break in payments...

Rae

[stalin's dead]

I don't think you need to sit back and wait, SD. When I failed my Tribunal last year I phoned the DWP the next day. I explained what had happened and said I'd like to re-apply for ESA. The forms where sent there and then and I don't recall much of a break in payments...

Rae

 

-

 

kel

 

rang them this morning and requested the ESA app forms. I'm not hanging around for them to contact me

 

thanks

 

sd