ESA Assessment failed advice?

[Mug of Coffee]

I have a social phobia and anxiety, I started to claim ESA in October 2010, I had sick notes from my doctor and was getting meetings at my house from a therapist.

 

I had a medical in April this year and failed, I needed 15 points and got 12. I never leave my house unless it is at night time when nobody is around. I don't go out to socialise let alone work so I feel this decision is incorrect.

 

Unfortunately I didn't appeal as I felt hopeless and felt like giving up. Is there anything I can do?

 

I will provide any more information if needed, thanks.

 

EDIT - Just saw that I posted this in the wrong section. Sorry.

Edited June 20, 2011 by Mug of Coffee
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[sallyhoffer11]

So that is a bit about me!

 

That's exciting - keep us updated, hope everything goes smoothly!

[Nystagmite]

So that is a bit about me!

 

That's exciting - keep us updated, hope everything goes smoothly!

 

eh?

 

OP - you may have missed the deadline for appealing. Your only option is to make a new claim.

[Mug of Coffee]

eh?

 

OP - you may have missed the deadline for appealing. Your only option is to make a new claim.

 

I did miss the deadline. What chances are there of a new claim working?

[Life-Goes-On]

Sadly most people seem fail a ATOS screening (I'm not going to call it a medical).

So for a new claim to work you more than likely have to appeal.

 

What date did you claim last time?

[Mug of Coffee]

I claimed some time in October, I don't have the exact date here but I think it was around the 26th.

[Life-Goes-On]

Then you can put in a new claim.

 

But you really will need to appeal if you fail next screening.

 

Also if you fail, while you appeal you can still get ESA (at assessment rate) as long as you send in a Dr fit(sick) notes

[Mug of Coffee]

Then you can put in a new claim.

 

But you really will need to appeal if you fail next screening.

 

Also if you fail, while you appeal you can still get ESA (at assessment rate) as long as you send in a Dr fit(sick) notes

 

I did not know this. My letter said 'you will not be getting any more ESA'.

 

I will make a new claim then. Will the fact I failed my assessment from the previous claim affect this one?

 

Thank you for your advice.

[Life-Goes-On]

No, the new claim will be based on how you are now, and use the fresh screening from ATOS.

 

ATOS have been proved to be liars so don't doubt yourself if you fail.

With a doctor on your side, you will have a good chance of winning an appeal (if needed)

[leemack]

You could ask for a late appeal, citing your mental health state as reason why you didn't appeal earlier. There is an absolute time limit of 13 months in which to make a late appeal. The DWP don't have to accept a late appeal, but in most cases, with a good reason, they do. If you want to do this, complete a GL24 form as normal, but send it with a covering letter explaining why your mental health problems prevented you appealing earlier.

 

If you were to put in a new claim you would have to do it under either a new condition or a deteriorating condition. For a deteriorated condition, you would then have to wait for another medical before they pay yoy. If you don't have a new condition, and you health is the same as before, then you have to wait 6 months from the date of decision (of failing your atos assessment) before you can put in a new claim.

[Crocdoc]

You are out of time for appeal, I would suggest that you contact your local Welfare Rights or CAB for assistance as both organisations normally have specialist advisers who will assist with a new claim.

[ErikaPNP]

Don't panic! You are out of the one month time limit, but not outwith the absolute time limit of 13 months. This extention can be used if there are good reasons for failing to submit an appeal on time.

 

12 points is a lot more than most get, and you only need another 3. In view of that, I'd encourage you to appeal rather than submit a new claim. You will need to give a reason why you are outwith one month time limit. The DWP will consider whether to accept your late appeal. If they object to this, they must refer it to the tribunals service who will make the decision on whether to accept it. When you appeal make sure that you send in certificates from your GP - you need to keep sending these in in order to keep getting money for ESA. You will get the assessment rate of ESA until the final outcome of your appeal.

 

If you can, try to find someone to help you such as a welfare rights rep from CAB, local advocacy service, Welfare rights organisation etc. Ask at your local council, or speak to your therapist or GP - they may know of a local organisation which can help.

[ErikaPNP]

Threads merged.

[karen68]

Hi there,

 

As the others had said , please try a late appeal. It really is worth it 12points from ATOS with you condition is massive another 3 should be easy with some foresite and a little preperation.

It took over 12 months for my son's appeal date to come through and he got ESA basic rate whilst waiting.

He got 0 points from the assesment again for anxiety/depression and the hearing gave him 15 without hesitation.

 

If it helps please read my previous threads on here and good luck

 

karen

[Mug of Coffee]

Hi there,

 

As the others had said , please try a late appeal. It really is worth it 12points from ATOS with you condition is massive another 3 should be easy with some foresite and a little preperation.

It took over 12 months for my son's appeal date to come through and he got ESA basic rate whilst waiting.

He got 0 points from the assesment again for anxiety/depression and the hearing gave him 15 without hesitation.

 

If it helps please read my previous threads on here and good luck

 

karen

 

What is the first step for me then? Ring the Jobcentre? Get another doctor's note? Thanks for all replies so far. This makes me kinda anxious going through all this. Thank you.

[watchinginvestigation2011]

There are a lot of us about suffering mental conditions which are anxiety related or encompass anxiety and you are in the right place for support xx

 

Take it step by step and fight it, keep looking back in for replies and you will get there xx

 

Be lovely if we could tap a button to switch off our conditions, but we cant, so dont feel ashamed about it, there as said are a lot of us like it xx

 

Those more in the know will post later xx

[honeybee13]

Hello there. I'm sorry you're going through this and all the anxiety that goes with it.

 

It might be worth renewing your doctor's note if it's due to expire soon, just to give you continous coverage in case it helps. I hope someone will be along soon with the appeal procedure. I'm not sure about how to do a late appeal, sorry.

 

My best, HB

[leemack]

What is the first step for me then? Ring the Jobcentre? Get another doctor's note? Thanks for all replies so far. This makes me kinda anxious going through all this. Thank you.

 

You need to get a GL24 form to complete (you may be able to download this) and then send it with a covering letter explaining your reasons why you appealed late - stick with the decision causing your mental health to deteriorate for a while preventing you from seeking advice and realising your options. You also need to get a sicknote that starts the day after your last sicknote ended. Staple all this together and send it in - but make copies of everything before you send it.

 

You will then usually be sent a letter saying your appeal has been received - but this doesn'y mean it has been accepted. It may take 2-4 weeks for them to review if they will accept your appeal. If they accept then they should start paying you assessment rate esa again.

 

If they refuse, as Erika said you can apply direct to the tribunal service for the late appeal to be accepted. I've never had a single late appeal with mental health reasons refused by the tribunal service - though different areas may vary in what they will accept.

[Agostini]

Hi, don't give up! You are not the first and will not be the last. Send in your appeal form (GL24) and send with it a letter explaining why it is arriving outside the 1 month time limit. The reason you give in your thread suggests that you have been feeling down. Perhaps you have been diagnosed with depression? Whatever your diagnosis, put it/them down. If you have medication, refer to this to confirm that you are suffering from a medical condition and explain that as a symptom of it, your ability to deal with the appeal within the time limit was affected. If it is difficult for you to get independent advice, because of where you live or the fact that you are unable to access it due to how your condition affects you.

 

I would be quite hopeful that the Decision Maker will agree to treat your appeal as having been lodged within the time limit. If not, the tribunal itself can make such an order, so keep plugging away. In the unlikely event that both say no, there are still options, but these are less advantageous to you. I won't set them out here, partly as I don't expect you to need to know!

 

Hope this helps and as the Power Rangers say, never give up!

[Mug of Coffee]

Hello there. I'm sorry you're going through this and all the anxiety that goes with it.

 

It might be worth renewing your doctor's note if it's due to expire soon, just to give you continous coverage in case it helps. I hope someone will be along soon with the appeal procedure. I'm not sure about how to do a late appeal, sorry.

 

My best, HB

 

Just before my assessment I gave a doctor's note because they stopped my claim a month prior to it because my previous doctor's note ran out. So they owed me 200 pounds before my assessment. The doctor's note is due to run out soon.

[Mug of Coffee]

Hi, don't give up! You are not the first and will not be the last. Send in your appeal form (GL24) and send with it a letter explaining why it is arriving outside the 1 month time limit. The reason you give in your thread suggests that you have been feeling down. Perhaps you have been diagnosed with depression? Whatever your diagnosis, put it/them down. If you have medication, refer to this to confirm that you are suffering from a medical condition and explain that as a symptom of it, your ability to deal with the appeal within the time limit was affected. If it is difficult for you to get independent advice, because of where you live or the fact that you are unable to access it due to how your condition affects you.

 

I would be quite hopeful that the Decision Maker will agree to treat your appeal as having been lodged within the time limit. If not, the tribunal itself can make such an order, so keep plugging away. In the unlikely event that both say no, there are still options, but these are less advantageous to you. I won't set them out here, partly as I don't expect you to need to know!

 

Hope this helps and as the Power Rangers say, never give up!

 

I did not get a GL24 form with my letter saying my claim was being stopped because I failed the assessment. I only got a letter.

[honeybee13]

As leemack says, you can download a GL24 from the DWP website, or there may be a link on my sticky about appeals and tribunals [i can't remember, terrible memory]. Or I expect you can ring and ask for one.

 

My best, HB

[honeybee13]

Hello again. Here's the link to the form, if you're able to print it off.

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

My best, HB

[Nystagmite]

Do they accept a letter with wording to the affect of "I wish to appeal", instead of GL24? I know with my DLA they did.

[Agostini]

Sure, just make sure that you refer to the name of the benefit and include the date of the decision that you are challenging, then post the office that made the decision.

 

This is perfectly valid.

 

Best wishes, Agostini