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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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ESA Assessment failed advice?


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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

Illegitimi non carborundum

 

 

 

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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?

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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?

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  • 2 weeks later...
  • 1 month later...

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.

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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.

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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?

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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.

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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

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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  • 2 weeks later...

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

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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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

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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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.

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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 :lol:

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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 :lol:

 

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.

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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.

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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!

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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?

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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.

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

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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