IB to ESA assessment - never got appointment letters, missed assessment now a cutoff date for benefits.

[poollie1]

the OP was claiming IS/IB if he had had another COE then his claim would not have ceased. we would have just taken out his IB and DP, and he would have carried on, as a Lone Parent or Carer.......

He has stated it in his thread

 

That is why I said that I apologise if I missed something.

[worried33]

I rang today for a crisis loan but I need to wait until 2 weeks after my last payment. My new claim for ESA has been posted.

 

anyone have any ideas how long I would expect to wait for some kind of reply to my appeal? the appeal they did get was faxed and recieved last week on the 15th.

[poollie1]

I rang today for a crisis loan but I need to wait until 2 weeks after my last payment. My new claim for ESA has been posted.

 

anyone have any ideas how long I would expect to wait for some kind of reply to my appeal? the appeal they did get was faxed and recieved last week on the 15th.

 

No specific time limit, but people are reporting anything up to a year, in some cases 15 months.

[worried33]

so I wont get a reply at all saying its even been forwarded to appeal, I have to wait until an appointment is made?

[poollie1]

so I wont get a reply at all saying its even been forwarded to appeal, I have to wait until an appointment is made?

 

You should have some sort of corresponance from DWP stating your claim has been sent to appeal.

[worried33]

You should have some sort of corresponance from DWP stating your claim has been sent to appeal.

 

nope nothing, through this whole debacle its been horrific.

Edited March 23, 2012 by worried33

[worried33]

well remember I said I handed in a sick note along with an appeal at the job centre and they refused to give a receipt as well as let me keep the original, just had a callback and they have not got my sicknote. surprise surprise. This is obviously also going to affect my new ESA claim as I had put on that form I handed in the sicknote already.

 

an update.

 

2nd callback and still no sicknote found but my local jobcentre has been told to ring me back later, the guy I spoke to today was polite and understanding which was a nice change, he said he thinks its a joke that they can assume post has arrived without proof but he doesnt make the rules. He confirmed my documents have "not" yet been sent of to the tribunal service but they will be soon. Apparently its possible my appeal can be rejected which I find worrying as I thought everyone had the right of appeal.

 

So its now possible on my new ESA claim I have to spend more taxi fares to get a new sick note of my GP and then give it to the job centre again, will find out later.

Edited March 23, 2012 by worried33

[poollie1]

well remember I said I handed in a sick note along with an appeal at the job centre and they refused to give a receipt as well as let me keep the original, just had a callback and they have not got my sicknote. surprise surprise. This is obviously also going to affect my new ESA claim as I had put on that form I handed in the sicknote already.

 

an update.

 

2nd callback and still no sicknote found but my local jobcentre has been told to ring me back later, the guy I spoke to today was polite and understanding which was a nice change, he said he thinks its a joke that they can assume post has arrived without proof but he doesnt make the rules. He confirmed my documents have "not" yet been sent of to the tribunal service but they will be soon. Apparently its possible my appeal can be rejected which I find worrying as I thought everyone had the right of appeal.

 

So its now possible on my new ESA claim I have to spend more taxi fares to get a new sick note of my GP and then give it to the job centre again, will find out later.

 

It might be best to send sick note to the office that is dealing with your claim, always send everything Recorded Delivery.

[antone]

well remember I said I handed in a sick note along with an appeal at the job centre and they refused to give a receipt as well as let me keep the original, just had a callback and they have not got my sicknote. surprise surprise. This is obviously also going to affect my new ESA claim as I had put on that form I handed in the sicknote already.

 

an update.

 

2nd callback and still no sicknote found but my local jobcentre has been told to ring me back later, the guy I spoke to today was polite and understanding which was a nice change, he said he thinks its a joke that they can assume post has arrived without proof but he doesnt make the rules. He confirmed my documents have "not" yet been sent of to the tribunal service but they will be soon. Apparently its possible my appeal can be rejected which I find worrying as I thought everyone had the right of appeal.

 

So its now possible on my new ESA claim I have to spend more taxi fares to get a new sick note of my GP and then give it to the job centre again, will find out later.

 

Regarding the bolded part, you are correct - everyone has a right to appeal and the DWP can't arbitrarily deny you this right.

 

When an appeal is received, it's passed to the medical reference DMs, who check that it is a valid appeal (in other words, on form GL24 or a letter using the words "I wish to appeal", clearly identifies what is being appealed, and is signed.) They can't reject it simply because they disagree with what you say.

 

The next stage is that they will reconsider the decision, to see if they can change it in your favour without the need to appeal. If they can, then they'll notify you of the new decision and the appeal won't go ahead. If the DM sticks by the original decision, the case will be passed on to the Tribunals Service and the appeal will proceed.

[worried33]

It might be best to send sick note to the office that is dealing with your claim, always send everything Recorded Delivery.

 

then they just say its not arrived.

 

I sent appeal special delivery and they said they didnt get it.

[worried33]

Regarding the bolded part, you are correct - everyone has a right to appeal and the DWP can't arbitrarily deny you this right.

 

When an appeal is received, it's passed to the medical reference DMs, who check that it is a valid appeal (in other words, on form GL24 or a letter using the words "I wish to appeal", clearly identifies what is being appealed, and is signed.) They can't reject it simply because they disagree with what you say.

 

The next stage is that they will reconsider the decision, to see if they can change it in your favour without the need to appeal. If they can, then they'll notify you of the new decision and the appeal won't go ahead. If the DM sticks by the original decision, the case will be passed on to the Tribunals Service and the appeal will proceed.

 

Ok so as long as its submitted correctly the appeal will happen, thanks.

[worried33]

It might be best to send sick note to the office that is dealing with your claim, always send everything Recorded Delivery.

 

I may do this now if I cant get the fax number to send direct.

 

the one letter that did arrive ok was sent recorded, the one that failed was sent special, the one that still hasnt arrived was sent normal.

 

(so far 33% success rate).

 

I dread now having to send regular sick notes with many not yet arriving, horrific success rate of postal system.

[worried33]

ok they got my new claim so upto 66% success rate on post now. They told me they not prepared to even look for the sick note so that has to be sent again in now as well anyway.

[worried33]

ok so I got a giro for a crisis loan, no way to get it paid into a bank and its also limited to one post office which is in a pedestranised area in the city centre I cant get to. The system is as rigid as a lamppost.

 

They told me the crisis loan will only cover one period of living costs 2 weeks and after that I can get another one but they said if I dont have a benefit by then (which is looking very unlikely at the moment) they will arrange emergency income support.

 

I also rang up to check the status of my appeal as they havent yet sent it of to the tribunal service but they have had it for a week, they cant even give me an estimate of how long it will take to send it off and send all the documents. She just kept banging on about the 6 months wait, which I said yeah it doesnt take you 6 months to forward it on. Do the job centre expect me to just wait and have no correspependence receipt etc. for 6 months? I thought people got a portfolio of documents confirming appeal.

Edited March 27, 2012 by worried33

[worried33]

today I got my ESA form back, they complained about pages been in wrong order (was printed off from their online PDF) and missing sick note (the one they lost).

 

So now I have just filled in another form and enclosed the new sick note with the P45 as well.

 

No phone call to me about this issue, no mention of it when I rang them either, it seems they do everything by post only and with delays.

[worried33]

well I finally got a letter regarding appeal, it said they looking at it and will let me know if passed onto tribunal or revised.

[chloe01]

Hiya, this is just a bit of information as regards to my dealing with the DWP/Decision Makers. I had to fight for 5 years to get DLA middle rate as a new claimant from Spain. I am British born and bred. I have had countless submissions/appeals going back and forth to the DWP/Tribunal services. Each and every time my appeal went a little further a Decision Maker would write a submission to counteract my submission, which was then forwarded to the Tribunal Judge. NOT ONE OF THE DWP SUBMISSIONS MADE BY THEIR DECISION MAKERS WAS SIGNED THEY ALL CAME TO THE TRIBUNAL ANONYMOUSLY. This was then found to be an Error at Law and the DWP Perverting the Course of Justice.

 

My emails/posted documents/submissions/decision makers reports etc accumulated and in the end I had over 2,000 pieces of paper, and one very huge box to stick it all in!

 

Anyway, I won in the end and my DLA was back-dated.

[worried33]

I got my SAR documents today, the DWP sent it recorded (why dont they do this on appointment letters?) and its a huge pile of paper. About half as thick as a phonebook.

[chloe01]

I got my SAR documents today, the DWP sent it recorded (why dont they do this on appointment letters?) and its a huge pile of paper. About half as thick as a phonebook.

 

If you have requested a Statement of Access Request then the DWP have to make sure that you receive it, else they will be help accountable for their "failure to notify" if you did not receive it.

 

In my opinion "Appointment letters" are not sent recorded delivery as they want you to miss your appointment and it is in their favour that it "may" go astray. I believe that these appointment letters should be sent recorded delivery as lets face it, it will be their word against yours that it was ever posted to you to start with. If at all possible ask them to email it to you next time, if there is a next time.

 

I have countless emails that have gone too-and-throw between myself and the DWP.

 

At last count over 2,000 documents, posted by tribunal, me and the DWP, this of course includes many many emails that the DWP have an obligation to answer. By-the-way, they answer any emails in date order in which they are received.

 

I also asked for and received Statement of Access documents and yours combined with mine could of made a WHOLE PHONEBOOK

[worried33]

How you even able to email the DWP? I havent been able to find any email address. As a department they seem stuck in the stone age with their processes.

 

Also ofcom have told me they are leaning on the DWP to start using 03xx numbers and its a ongoing process.

 

I agree with your comment on the appointment letters, as I said earlier it seems with me they hit the jackpot, as now I get no interim payment whilst appealing and it was a very easy "fit for work" decision as a result. To them someone not turning up is the best possible outcome so why would they want to send recorded especially when the lopsided law doesnt require them to.

 

If anyone is wondering how I am getting by I am using my flexible friend capital one and had one crisis loan. Obviously that is a problem I am building up tho. I have spent probably over £100 on taxi fares and phonecalls combined just on DWP related stuff since this mess started. My sister had to make 2 trips to town to cash the giro as they didnt consider letters as acceptable ID so she had to come back for my bank card, that cost her a load in parking fees and petrol money, because they wouldnt put the loan direct to my bank account. Giros is so the 80s.

 

So its interesting that the DWP have stricter guidelines for sending out SAR's than appointment letters. when the latter has far bigger consequences.

[worried33]

got the ESA50 today during easter break, which to be fair quicker than expected given all the delays so far. Filled it in and sister posted, supplied much more info than the other one and some medical reports hoping they dont bother with an assessment. But I will starting from the end of next week be ringng every week to see if an appointment has been made instead of waiting for a letter that may not turn up.

 

I will also need to get a new med cert this week as first runs out middle of next week, will be hassle sending it as I have had no courtesy reminder letter with a prepaid envelope and they refused to send one to me over the phone before as well.

[hbpracticioner]

Hithought I would add my thoughts to this one !.I have been a Housing Benefit Practicioner for 20yrs. If IB has been stopped and there is a break in your ESA being award (for you not attending appointments), Housing Benefit should write to you to ask for proof of your income for the break in your entitlement, If you provide your bank statements and a written statement for the period they will have to treat you as nill income (unless you do have any other income coming in). This will mean you do not lose Housing Benefit and Council Tax Benefit for the period of the DWP mess.On the other side of the coin, if you really do need money for this period then you can appeal the ESA award when you get it, the letter will state you have 1 month to appeal but if this time as passed you do have a further 12 months (upto 13 months from the date of the letter) to request an out of date appeal, when you appeal the DWP will look at the decision again, if they agree with you they will revise the decision, if they do not agree they will uphold their decision, if you have specifically used the word appeal in your letter they will have to send your case to the Independant Tribunal Service, when this comes through as for a personal hearing, 9 times out of 10 the DWP do not turn up the tribunal as it will be local to you and not them !!.I have recently won an appeal for my partner for the same thing (missed appointments which we never received from ATOS).Sorry its long winded but hope it helps

[worried33]

I did contact housing benefit, provided statements and the letter which stated my money is to be stopped. However they ended up revising it as if I still get IB, its an issue but not my biggest one so havent got back to them yet as it is a "lot" of hassle seeing them.

 

The appeal has gone in to the DWP although I have yet to recieve any documents so I ssume they havent forwarde dit to the tribunal service yet. Although I have now got a letter saying they have recieved it.

 

I also did a new claim for ESA where I returned the ESA50 on saturday.

[hbpracticioner]

As long as you get the response from the DWP about the appeal being received thats a start, they will now send to their appeal team to look at the decision maker reasons and your reasons etc, if they overturn it they usually get back to you in a couple of weeks / if they dont you will get a letter explaining why with loads of docs attached ( this is their submission to the tribunal).The Tribunal will then write to you separatly with another form (QB64 (I think) asking if you need disabled access and whether you want a representative etc, (CAB sometimes represent or even some solicitors). they will also ask if you want oral hearing or personal hearing, go for the personal one and turn up !!.The date does take a bit longer to come through but you get your chance to speak in front of a judge and a medical expert, who look at the reasons for and against you will get a decision from them on the day.If you need any further advice you can send me a message .Good luck

[worried33]

thanks.