ESA nightmare, please help

[katrina123]

hi

 

Have been on ESA for 2 years, have never been awarded it, been on assessment phase all that time,

have done 3 medical questionnaires, 3 atos medicals, 'failed' all 3 times, appealed every time, tribunal stage

never reached or decision never been made to award ESA to me, every time jobcentre say their atos medical

reports were not up to standard, not fit for purpose, ie they made mistakes, so they send me back to the

beginning stage.

 

They have said if i go on JSA or find suitable work now I will NOT be entitled to the backpayment

of ESA for the 2 years, as their reports are not fit for purpose.

So it seems i would lose money because they have not done their jobs properly.

 

I was preparing for the tribunal hearing, and they pulled out at last minute.

I just want a conclusion, the whole ESA process is bad for my health and im fed up with it.

 

What if my symptoms are less than they were a year ago? or go on JSA out of esa frustration?

How can they ask me to do another medical now, but link it to the beginning 2 years ago?

they should treat it as separate claims.

 

I have a CAB caseworker, but he is not allowing me to come in and see him to go through it all.

They dont have time. Its all quick phone calls. I feel alone in this with no support or help.

I dont know what to do. Deadline for 4th esa50 questionnaire is approaching.

 

I need to be focusing on my health and getting better, not fighting this esa procedure.

 

Can anyone clarify my rights, or what i could do,

if i try helping myself by finding any sutiable work or go on jsa, i lose my esa from the past two years?

feels like they are trapping me on ESA.

The whole process is a pain, form, medical, fail, appeal, deadlines, reconsider, tribunal.

 

thanks for any advice.

[estellyn]

Hi Katrina, What do you mean by 'pulled out at last minute' ?

[katrina123]

tribunal hearing was going ahead, awaiting date, then get letter from jobcentre saying appeal revised in your favour, appeal will no longer proceed.

but when i call them they said its still going ahead, then staff say its not going ahead. So i dont know if tribunal hearing is still on or not.

They keep saying medical report not done properly so they start the whole process over again.

[estellyn]

tribunal hearing was going ahead, awaiting date, then get letter from jobcentre saying appeal revised in your favour, appeal will no longer proceed.

but when i call them they said its still going ahead, then staff say its not going ahead. So i dont know if tribunal hearing is still on or not.

They keep saying medical report not done properly so they start the whole process over again.

 

Hmmm, sounds like they might have accepted the atos assessment wasn't done properly, so will make you have another one.

 

Making a complaint probably your best option.

[Nystagmite]

You need to request in writing whether this appeal has gone in your favour.

[katrina123]

the atos faults were highlighted months ago, yet they leave it till almost tribunal date, to stop proceedings and start again.

they says appeal has gone in my favour, but what is the favour? there has been no esa award/damages/reward.

 

complain to who? Its the complaints to atos that have stalled this whole thing.

 

the letter does say you have appeal rights against the revised decision.

So best option is to appeal this decision and request tribunal goes ahead or to award ESA?

(i know its 1month deadline from letter date to appeal, yet they dated the letter exactly 1 month before the day i recived it).

 

thanks.

[estellyn]

the atos faults were highlighted months ago, yet they leave it till almost tribunal date, to stop proceedings and start again.

they says appeal has gone in my favour, but what is the favour? there has been no esa award/damages/reward.

 

complain to who? Its the complaints to atos that have stalled this whole thing.

 

the letter does say you have appeal rights against the revised decision.

So best option is to appeal this decision and request tribunal goes ahead or to award ESA?

(i know its 1month deadline from letter date to appeal, yet they dated the letter exactly 1 month before the day i recived it).

 

thanks.

 

You need to find out what the decision actually is in order to appeal it. The complaint would be to the DWP - saying the decision has not been made clear to you, and asking for a full written statement of reasons for the decision. Once you have that then you can decide what to do next.

[katrina123]

the decision/letter says the original disallowance for esa has been revised in your favour. You will be reinstated ESA at rate you

were reciving prior and arrears will be payable. (but ive always been on assessment rate) and that further medical assessment needs

to be done.

So sounds best option to appeal this decision? Do I have the right to continue to tribunal?

[**Margaret**]

katrina123:

 

What a totally unacceptable nightmare.

 

Your tribunals admin support centre will be able to confirm the status of your appeal.

 

Google Jobcentreplus Service Standards. Page 14 onwards of the booklet tells you how to make a formal written complaint.

 

Given the complexity of this particular fiasco, any chance your Member of Parliament will be sympathetic?

 

Sincerely, Margaret.

 

Not starting another debate with :estellyn: there's two separate issues here; As your claim's going round in circles a formal complaint about how you've been treated may help to get it sorted.

Edited September 4, 2012 by **Margaret**

[estellyn]

the decision/letter says the original disallowance for esa has been revised in your favour. You will be reinstated ESA at rate you

were reciving prior and arrears will be payable. (but ive always been on assessment rate) and that further medical assessment needs

to be done.

So sounds best option to appeal this decision? Do I have the right to continue to tribunal?

 

that letter does not tell you what the decision really is, you need to find that out first, otherwise you could find you'd been put in the support group or WRAG, with the understanding you would be immediately reassessed. can you phone up and ask which phase or group you are in, and when this was last updated so that you know its about the recent decision?

 

what I've seen happen is that someone has the decision go in their favour prior to tribunal, but the decision is not immediately processed, so they enquire about the status of their claim and are told contradictory things, because the system has not been updated.

 

have you had a call back by a decision maker or just spoken to the person on the helpline?

[katrina123]

what would I say to local MP? have never done that before.

when i called jobcentre they said they would call me back, when they did the person on phone wasnt too sure himself of what was going on.

i asked if i had been awarded esa, he said no, i need to do medical again, but he was asking me what my letter said, and it was diff to what

his computer was saying. He was sure that there would be no backpayment, he said if i go onto JSA or job I would lose all back payment.

He told me i was still on assessment rate. Not spoken to DM.

thankyou

[**Margaret**]

katrina123:

 

Even if your member of parliament's blue it's part of his/her job to sort problems with government departments. If you feel able to, make an appointment to see him/her during a constituency surgery. Take your paperchase with you and tell it to him/her how you've told it to us on CAG. Too daunting? Write to him/her instead or follow Jobcentreplus' written complaints procedure.

 

Friend, relative, support group for your condition? Anyone to help you with this? Praps through your general practitioner? This needs sorting, like a year ago.

 

Sincerely, Margaret.

Edited September 4, 2012 by **Margaret**

[katrina123]

thanks.

 

Help me.

 

Lost faith and confidance in CAB. They have been very difficult to deal with.

Cab are saying continue with process of filling in new esa50 etc. Dont think theyve come across a case like this so are just saying

do what jobcentre say.

 

Tribunal are saying appeal is still going ahead.

Job centre are saying its not.

Job centre say no extra esa component awarded, still on assessment phase, need to do medical again. So the appeal they say has gone in my favour, but I fail to see how it has.

 

So best option to appeal this decision and complain?

ie request to continue to tribunal or award ESA component and backpayment as you would when appeal goes in claimants favour.

 

So not been put into support group or WRAG.

 

Never spoken to DM. ....CAB may have, not sure.

Always a call back or esa helpline.

 

I need serious help and support in all areas of my life, and im not getting it.

No progress, just pain and confusion and anxiety/stress.

 

Where do i stand with backpayment? is it limited to 3 months? or goes to very beginning of claim? or only to date on appeal paperwork ie the most recent appeal..?

[**Margaret**]

katrina123:

 

Whatever else happens you need to complete that ESA50 and send it back within the deadline to secure your employment and support assessment rate. Failure to return the questionnaire without good cause will allow Jobcentreplus to close your claim completely.

 

At some point during the last two years (although from your past and present posts it's difficult to see where) you must have received a decision from Jobcentreplus that you've appealed to tribunal. If you've phoned, or written to, the tribunals admin support and they've comfirmed your appeal is still pending you can pursue it. Without asking Jobcentreplus.

 

For whatever reason Citizens Advice can't support you through this and, with the best will in the world, there's a limit to the advice that can be offered over an internet forum. Is there an alternative welfare rights service in your area? Or a support group for your condition? Town Halls and libraries often hold contact details.

 

'So best option to appeal this decision and complain?'

 

Yes, but I think you're going to need some face to face advice to help you cope.

 

Sincerely, Margaret.

[SWLABR9]

Your MP should be handling this, it's what they're there for. It's them that design these stupid systems so when it all goes wrong it's up to them to sort it out.

[estellyn]

Of course this could be a cheeky way of delaying appeals:

 

claimant appeals saying the Atos made mistakes. Just before Tribunal DWP say 'we agree ATOS made a mistake in your case - here's a new assessment', but of course if you fail the WCA the appeal process starts again, so greater delay.

 

I've been thinking about this and if it were me I would do all of these things:

 

Complete the ESA50 (you don't want your current ESA stopping, as Margaret points out)

Make a complaint to DWP stating their decision hasn't been properly explained and you want a written statement of reasons.

Appeal the decision, stating that you wish to continue on to Tribunal - on the grounds that you want a Tribunal to decide your capabilities on the date you were previously assessed, as the dWP seem to be unable to do this and assign you to WRAG or support group.

Contact your MP and detail situation, giving copies of relevant paperwork.

[**Margaret**]

katrina123:

 

'Make a complaint to DWP stating ......' In writing!!!

 

This fiasco has gone way beyond the call centre or the helpline. Theory is that you can expect a written reply within fifteen days.

 

Next time you go to your doctor for a MED3 (unfit note); ask if s/he knows of a local orgaisation that can offer you some support.

 

Margaret.

[worried33]

its one of those situations where if you dont know the right person it wont get fixed without a written complaint or MPs help.

 

my recent sicknote situation anyone in the BDC or callcentre just accepted what the computer was saying I was lucky that I have a direct contact to a dWP manager.

 

I agree with estellyn it is sound advice.

[katrina123]

thanks to all here.

Update, complained to DWP, received letter pretty much saying nothing is wrong and its standard procedure, not sure whether to take next stage for complaint now, whether worth it or not.

MP is contacting jobcentre on my behalf.

Wrote to tribunal, they replied saying it was me who delayed proceedings and the appeal has been lapsed and stuck out /stopped and no longer happening and they are happy with jobcentres responses to me. Can write again to higher up judge to ask for appeal to go ahead, not sure what to do.

Do i really want previous appeal to go ahead or shall i just await new medical result and follow procedure? ....eg if fail, appeal, if win ESA, accept the result.

Also appealed the decision that said appeal gone in my favour, which was misleading as they just made me do medial and esa50 again with no conclusion.

[**Margaret**]

:katrina123:

 

Whatever Jobcentreplus are saying, it's not standed procedure for a claimant to endure two, or is it three, work capability assessments without the implementation of an outcome decision. For now, I'd wait for them to reply to your Member of Parliament.

 

From what you've written it's impossible to know what's happenened at the Tribunals Service. To give you the chance to object you should've received written notification that Jobcentreplus wanted the appeal struck out.

 

Did you look for an alternative welfare rights service or a law centre? As I said before you need more specialised support than can be offered over an internet forum.

 

Sincerely, Margaret.

Edited November 1, 2012 by **Margaret**