ESA problems

[Mattc2012]

Hello, new to here so hope someone can help me.

 

I received my letter this morning telling me that i failed the interrogation and am fit for work. I have suffered with depression and anxiety for a number of years, and am currently on medication and attending counselling. I was also recently diagnosed with insomnia. I scored a big fat 0 .

 

Does anyone know what the next steps are? I read somewhere a while go that you can 'demand' to be put back on the assessment phase rate whilst your appeal goes through. Does anyone know if that's true?

 

Thanks for your help.

[honeybee13]

Hello there and welcome to CAG.

 

If you're on ESA, I believe they are obliged to pay you the assessment rate.

 

My best, HB

[Roz111]

Whilst you are appealing Matt you will be put on assesment rate.you dont need to demand this it will be done,unfortunatley it will be a reduction in benefit but at least you will have something coming in.

[Mattc2012]

Hello there and welcome to CAG.

 

If you're on ESA, I believe they are obliged to pay you the assessment rate.

 

My best, HB

 

Thanks HB.

 

Do you know how to go about this? They have said i need to appeal within 1 month. I doubt i will even have my medical report by then as they say i have to write and request it. If i put that i expect it within 10 working days, do they have to stick to it? I'm sure many people are aware of the DWP's incompetence with administration. For example they have sent me the wrong 'if you think our decision is wrong' leaflet. Doesn't fill me confidence when i need to request something back from them!

 

Thanks again.

[Mattc2012]

Whilst you are appealing Matt you will be put on assesment rate.you dont need to demand this it will be done,unfortunatley it will be a reduction in benefit but at least you will have something coming in.

 

That would be fine as long as i cn pay the bills! Should i put that in this letter just in case or do they hve to do it anyway?

 

Thanks Roz.

 

Also is 'asking them to reconsider' the same as an appeal?

Edited February 22, 2012 by Mattc2012

[honeybee13]

That would be fine as long as i cn pay the bills! Should i put that in this letter just in case or do they hve to do it anyway?

 

Thanks Roz.

 

Also is 'asking them to reconsider' the same as an appeal?

 

My understanding is that there are 2 stages to the appeal. First, you ask for the DWP's decision to be reconsidered by one of their decision makers. If that goes against you, then you are in the tribunal system for a hearing by an independent panel, the second stage.

 

HB

[honeybee13]

Hello again.

 

This sticky might help you understand a bit better.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

 

HB

[speedfreek]

I have suffered with depression and anxiety for a number of years, and am currently on medication and attending counselling. I was also recently diagnosed with insomnia. I scored a big fat 0 .

 

Does anyone know what the next steps are? I read somewhere a while go that you can 'demand' to be put back on the assessment phase rate whilst your appeal goes through. Does anyone know if that's true?

 

Thanks for your help.

 

Appeal and if you can enlist welfare rights, the CAB or charity like MIND or DIAL for advice and assistance.

 

It's not essential but if you can get the help then do it!

 

With reference to HBs' post you can ask for 2 things a RECONSIDERATION or an APPEAL; a reconsideration is where they look at the decision using the evidence provided again.

 

We generally advise that you lodge an appeal; as part of the appeals process is an automatic reconsideration which if the answer comes out the same it just then gets passed to the Tribunals Service where the appeal will eventually be heard.

 

By all means go for a reconsideration if and only if you think that you have a rock steady case plus the ability or evidence to back that up. If you go this route and the results the same you can then lodge a formal appeal.

 

Note you will only be paid the assessment rate once a valid appeal is accepted (please see the stickies for how to do that) and no payment is made during a reconsideration.

 

You also need to start asking your carers/health professionals you see for documented evidence to back you. Most will give this freely, if not you have to convince them that the DWP will not be contacting them and the likely hood of you winning an appeal is greatly diminished.

 

Something I've learnt today (which is why I have underlined & bolded part of the quote above) is that unless you are actively receiving or looking for treatment the DWP is now taking a very hard stance on this. No treatment = no problem as if you had a problem you would be actively taking steps to get treatment.

 

So the welfare rights person informed me today and today has been a very hard day.

 

Edit: - You can just call the usual ESA general number and request a copy of the ESA85 (ATOS Medical Report) mine arrived 2 days later.

 

Also you need to provide valid Fit/Sick notes for the period of the appeal - your 1st one should be back dated to/from the date of the DWP decision.

 

 

Edit 2 - If you are receiving any other benefit it is advisable to check with them (not ESA) if you need to inform them of this change. i.e. ESA stopping. Council Tax/ Housing Benefit / Local Housing allowance will/may suspend payments until you inform them & it may also have an effect on other benefits as well. You may get more or after a simple fill in a form have your rent paid on time. Either way it's a no brainer.

Edited February 22, 2012 by speedfreek

[lee100]

Guys, there seems to be some confusion regarding the ESA Appeal process here.

 

I'm on my second Appeal, having won my first Appeal a while back.

 

MissPinchie and Mattc2012 -

 

Forget asking for a reconsideration. The DWP will carry out a reconsideration automatically, when you send in your GL24 form, and request your Appeal.

 

Keep it simple.

 

1 / Download the GL24 Appeal form, and print it off from here -

 

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

 

2 / Keep your 'reasons for appealing' on the GL24 form brief. Outline your health condition, and state that the Health Care Professional at your Assessment made the wrong decision in deeming you 'fit for work'. State that you will forward supporting evidence, once you have it;

 

3 / Send it Recorded Delivery to your DWP Benefit Delivery Centre;

 

4 / You then have a good six months within which to gather your supporting evidence (GP's letter; Your own personal submission (See Honeybear's link for help with formatting your letter));

 

5 / As 'speedfreek' above points out, you MUST continue to send in Doctor's Notes. These must run concurrently while you wait for your Appeal Hearing.

 

Don't let it get you down.

 

It's the system, and it's out of our control.

 

Around 60 - 70% of claimants are winning their ESA Appeals, with representation.

 

It's a waiting game, and the more prepared you are (ie - armed with supporting evidence of your health condition), the more likely it is that you'll win your Appeal.

 

For representation, seek help from your CAB / Mind as 'speedfreek' has suggested.

 

Good Luck both.

 

Edited February 22, 2012 by lee100

[speedfreek]

I did tell them,and showed them,I was on anti d`s. I just can`t understand how someone can decide after a short amount of time that you are fit for work.

 

2 things here;

 

1, pills and potions are okay but you have to be now actively receiving/seeking help. If you are currently not receiving and extra help I suggest you visit your Doctor and insist on a referral to a specialist.

 

2, If your ESA85 states (who interviewed you at ATOS) anything but Councillor/Psychiatrist/specifically mental health trained (not the ATOS version of it) then they are very easy to discredit.

 

These are the thing I've learnt today off 1st my doctor; who gave me the ability to self refer myself today to the mental health team (been asking for months for this) and from the excellent welfare rights person who successfully did my 1st appeal and is currently writing up my second. He couldn't stress enough how important it is for me to get this in place. Without it and the evidence which will come from it they basically told me I would have little no chance in a tribunal.

[Mattc2012]

Thank you all very much for your advice and support. It's reassuring to know that it's not just me they're picking on, as that's how they make you feel.

 

@LEE100 Is it ok to send a letter instead of the form, as long as it states it's an appeal? (My printer is broken)

 

@MISSPINCHIE Keep strong and don't let this [edit] bring you down. I know how frustrating it is dealing wuth them, they offer you no help whatsoever. I can also sympathize with not leaving the house on bad days. Social anxiety didn't seem to register with the nice-as-pie ATOS 'professional'! I would call this system a massive joke, if it wasn't leaving genuinely ill people on the floor to fend for themselves. I hope you mnage to get sorted soon, and try to keep smiling!

Edited February 23, 2012 by honeybee13
Removing problem words.

[honeybee13]

@LEE100 Is it ok to send a letter instead of the form, as long as it states it's an appeal? (My printer is broken)

 

I don't think you have to use the GL24, I'm sure people here have sent letters instead.

 

HB

[lee100]

Hi Mattc2012

 

Yes, a letter stating that you wish to appeal against the decision is fine.

 

As Honeybee13 has correctly stated, other people on here have sent letters to the DWP BDC, and they were accepted without issue.

 

Good Luck.

Edited February 23, 2012 by lee100

[Mattc2012]

Thanks Lee and HB. Just spoke to a very nice woman at the DWP (for the first time ever!) who said that if i get it in by early next week, my payments will not be affected. I'm a little more at ease than i was yesterday. I've also requested my ATOS medical report, which should be with me next week. I'll keep checking back with updates if anyone else is in a similar situation. Thanks again for ll your help guys.

[lee100]

Great to hear Matt!

 

I'd ask your local JCP, if they can post your letter through their internal mail system (and scan it on their system, so you have proof of receipt) at the JCP.

 

You have to call your BDC and make an appointment at your JCP first.

 

Your BDC may try and fob you off, saying that they don't do this anymore / only in emergencies.

 

If you stand your ground, and emphasise that it is an emergency that you get your letter scanned at your JCP / posted by them, they may well grant you an appointment for tomorrow.

 

Good Luck.

[Mattc2012]

Oh ok that's handy to know Lee thanks. They have actully offered to put something in their internal mail for me before, but they didn't scan it in. Will get on to that this afternoon

[lee100]

Glad I could help!

 

[Mattc2012]

Hello,

 

First off thanks to everyone who helped me on CAG through the ATOS assessment and appeal process. Unfortunately, despite your tips and advise, i still had my appeal swiftly refused.

 

Ok please bear with me here as i want to include as much info as possible!

 

My ATOS medical was carried out on the 9th January 2012. I scored nil points. The decision to stop my ESA was confirmed by the DWP on 30th January 2012. I then appealed this and continued to receive regular payments until my hearing on 9th August. Before the hearing, i went to my local CAB, who advised me to re-apply for ESA immediately after the hearing, if it was refused. It was of course refused, so i reapplied a few days later via post. Now, i have recieved 2 unexpected ESA payments since i reapplied, so i assumed everything was ok with my new claim, and payments would just carry on as normal. However i have now received a letter stating that my ESA has been stopped from the 22nd August 2012 (But the last payment i received was on the 4th September?) I am now concerned that i will not receive any further payments.

 

Does this mean my new claim will be dismissed as my old one was still active? Or will my new claim still be processed? If this is the case, does anybody know what happens to payments, i.e will they continue as normal? HB has also wrote to me saying that this has also been suspended. I'm just sick of them all to be honest.

 

Any help would be greatly appreciated. Thanks muchly.

[Nystagmite]

However i have now received a letter stating that my ESA has been stopped from the 22nd August 2012 (But the last payment i received was on the 4th September?)

 

Your ESA is paid in arrears. The payment received on the 4th was for the 22nd August.

[Mattc2012]

Thanks Nystagmite. Do you know whether my new claim will go through or whether i need to apply again?

 

Also, does this letter mean that the tribunal has only just let them know the outcome of the hearing, So i won't owe them these last 2 payments?

Edited September 9, 2012 by Mattc2012

[RaeUK]

Your new claim should go through as a matter of course. However, if you are concerned in any way, simply give your BDC a quick call tomorow to see how everything is ...