ESA Assessment failed advice?

[honeybee13]

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

 

Plus the explanation of why it's a late appeal, as leemack has mentioned.

 

My best, HB

[Mug of Coffee]

Thank you for the link to the form. I will print it off now.

 

So once I've filled in this form, what is the next step? Doctor's note? And is it correct that I'll still receive ESA while the decision is being made?

[Mug of Coffee]

And what do I say was the reason I missed the 1 month appeal deadline? The actual reason I missed it was because when they made the decision and I got the letter I gave up and felt hopeless/fed up. I didn't know what to do and to be honest the decision did make me feel worse. How would I write that on this form?

[Nystagmite]

You would need to explain that your illness means that you were very depressed and this does affect your ability to think straight. You may not have had the mental energy to go through all this.

[Mug of Coffee]

I was unable to get the form off the website so I'm writing a letter and will post it today. I will update the thread.

[Mug of Coffee]

Thread update!

 

I received a phone call today from a woman from the Jobcentre, she just asked for some basic details for the appeal and said if I can get a doctor's note for 15th March until currently there's a chance I'll get ESA for then until now. I got a doctor's note previously just before they decided to cancel my ESA in April, it was a brand new 3 month note and I received no ESA for this, will I have to get another one for the same time period even though I already gave them one for this time period?

 

And also, is there a chance my doctor could say he won't give me a note for any time previous to the day I go to him because he can't say for definite whether I needed one? I'm worried he might do, if so is there anything I can say?

 

Thank you for all your replies and help so far, hopefully I will get the ESA I'm entitled to and also win the appeal.

[leemack]

unfortunately the dWP have a bad habit of losing med certs.

 

Go to your GP, explain that the DWP lost the last med cert and ask for a new one or copy from that date. Did you take a copy of the med cert before you sent it? You always should. And when sending, staple it to a covering letter with all of your details on. You will also need to ask for a new med cert.

 

yes your GP can refuse to give you these, but should give you a reason. If you are unhappy with your doctor's decision you can use the surgery's complaint process. A doctor can give a copy med cert if he wants to and can backdate a current med cert up to 3 months (Ithink).

 

If you are able to provide med certs, esa will be backdated and continue until your appeal.

[Mug of Coffee]

I got a letter in the post today, the decision has not been changed, the letter included photocopies of my form and letter that I sent to appeal, the bit about the decision said:

 

Mug of Coffe has appealed against the decision dated 18.4.11. I have looked again to reconsider the decision under appeal, and cannot see any reason to change the original decision given.

 

Mug of Coffee has not provided any additional evidence to enable me to change the decision, and I can find no error in law in the original decision given.

 

Firstly, there is a box on the assessment thing that says 'Normal activities, for example, visiting new places or engaging in social contact, are precluded because of overwhelming fear or anxiety', this applies to me and is worth 15 points yet I only scored 12 on my original assessment?

 

And also, what extra evidence was I supposed to provide in my appeal? I wasn't asked to provide anything. I literally never leave my house and yet they are saying the decision is correct, I don't get it?

[seen this before]

you need to supply a specialists or gp's letter explaining the condition,make sure you point out that all documentation will be provided at the tribunal at that date.

 

social phobia is debilitating and jobseekers is not the right benefit for that condition,its a circle of peoples reactions and how you feel and would lead to acceptance problems in the workplace exposing the person to greater anxiety and greater potential problems and greater benefit dependency.potentially on jobseekers for a considerable period of time.

 

i had the shakes at the work programme providers with this and have to see the gp about signing off too.

[doktorjohn]

Not changing the decision is pretty much the norm. The real appeal is with the tribunal service.

 

You need to send a doctor's letter backing you up on the points you should have scored in the first place.

 

Read the "stickies" at the top for how to word your appeal.

 

Good luck, - DJ

[Mug of Coffee]

So what is the next step? A re-appeal and to get doctor's notes?

[doktorjohn]

It's not a case of a re-appeal, it's just that they look at the decision again before it goes to the Tribunal Service.

 

You should keep your sick notes going and wait for an appeal date.

 

It could take 6 months to a year.

 

I wish you luck and please stay in touch. Don't be afraid to ask questions.

 

The government is putting us through hell so we need support.

 

- dj

[Mug of Coffee]

Since they made the decision not to overturn the original decision I haven't contacted them, do I just wait? And after 6 months to 1 year they look at the decision themselves? I'm confused.

 

Thanks for your help.

[doktorjohn]

Have you sent in sick notes? Are you getting ESA at the assessment rate?

 

Your appeal goes to the Tribunals Service and you should send them a letter from your doctor backing you up on which points you should have won.

 

The Tribunals Service is an independent body that looks at the decisions made by Atos and the DWP.

 

Many appeals are successful and it looks like you have a good case.

 

- dj

[seen this before]

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.

 

its surprising they ever sent these out at all,they aren't keen on appeals.

 

 

And what do I say was the reason I missed the 1 month appeal deadline? The actual reason I missed it was because when they made the decision and I got the letter I gave up and felt hopeless/fed up.

 

as the systems designed to do,the emphasis is on you to keep the ball rolling.good advice above. concentrate to on how it affects daily life.

[speedfreek]

1st off could you please clarify what's gone on and what's happened.

 

Did you actually appeal or did you just ask for a reconsideration?

 

Have they not accepted the late appeal?

 

Have they accepted the late appeal but not changed the original decision?

 

Sorry I'm a bit confused on where you're at so...

 

I got awarded ESA thanks to a reconsideration just before it got to tribunal (took 6 months but hey).

 

I was told by the welfare rights bloke who did mine "new places" was out because I'd made it to the welfare rights office He then used the fact I was off my nut there and that it took me 4 weeks before I could get there to score me points across 3 other questions

[Mug of Coffee]

1st off could you please clarify what's gone on and what's happened.

 

Did you actually appeal or did you just ask for a reconsideration?

 

Have they not accepted the late appeal?

 

Have they accepted the late appeal but not changed the original decision?

 

Sorry I'm a bit confused on where you're at so...

 

I got awarded ESA thanks to a reconsideration just before it got to tribunal (took 6 months but hey).

 

I was told by the welfare rights bloke who did mine "new places" was out because I'd made it to the welfare rights office He then used the fact I was off my nut there and that it took me 4 weeks before I could get there to score me points across 3 other questions

 

This.

 

I sent a letter instead of a form (which I couldn't print) and they said:

 

'About your appeal

 

I enclose a copy of the appeal papaers with this letter. These papers give the reasons for our decision.

 

We have sent a copy of the same information and your appeal letter to the Tribunals Service. They will get in touch with you to explain what happens next with your appeal.

 

If you want more information get in touch with us'.

 

Currently I am receiving nothing, no ESA at all. I sent a doctors note just as the decision to stop my ESA was made in April, it was a 3-month letter and I didn't get any ESA for that period. Since April I've had no money.

[speedfreek]

Well basically as been said you're appeal has been accepted and you now wait.

 

You will next receive a letter from the Tribunal Service asking if you want a written or oral hearing.

 

What you do now is have a read of the stickys on appeals etc and if you need to, gather more evidence and write a further fuller letter to support your case for the appeal and why you should have been awarded ESA.

 

Right med certs/fit notes - Are they up to date (so are covered now and for all previous periods) and have they all been received?

 

If the answers no you really have to sort that out as once they're received by the DWP you should be paid.

 

If you have sorted the certs out you need to contact the DWP and ask what the hold up is.

 

When I sent in my med certs I wrote ESA on then, sent with free proof of posting and gave the DWP a call after 7 days to check receipt.

[tkdbabe]

hi hun, i too suffer from anxiety and depression and have just my appeal on those points (check my thread for details) and it is worth sticking with it! i understand how stressful it is, but it does help if you get representation. have you been to wefare rights or cab? good luck!

[tkdbabe]

* won appeal btw. missed a word

[Mug of Coffee]

hi hun, i too suffer from anxiety and depression and have just my appeal on those points (check my thread for details) and it is worth sticking with it! i understand how stressful it is, but it does help if you get representation. have you been to wefare rights or cab? good luck!

 

Thank you I will check your thread in a sec.

 

I have got a letter from HM Courts & Tribunals Service, it says:

 

I am writing about your appeal, which has been forwarded to us, the HM Courts & Tribunals Service. It is our job to make the arrangements for your appeal to be heard by an independent Tribunal.

 

Your appeal is with the HM Courts & Tribunals Service office shown at the top of this leter. Please contact this office if you have any queries regarding your appeal.

 

We enclose:

 

An enquiry form

An information leaflet about appeals

Information about when you can expect your appeal to be heard

A prepaid envelope

 

So I now have to fill in the form and return it. Am I still in the position where if I can get my doctor's letters they will pay me my ESA until the appeal?

[doktorjohn]

Yes you should be paid until the appeal.

[Mug of Coffee]

Thank you.

 

I have a quick question, I have to fill in the form and send it back but it asks if I have any representatives (off the top of my head, the form isn't with me right now), so should I put my doctor on there? I'm not entirely sure he will 'support' me because if he refuses the notes he might refuse this? And also I was receiving therapy at home and I'm pretty sure they would confirm I have anxiety so should I put their details on the form? I'm not receiving therapy from them any more.

[doktorjohn]

They mean someone to appear at the tribunal with you to speak for you.

[Mug of Coffee]

Thanks mate, I'll put nothing there then.