ESA appeal won, but being made to go through it all again a month later

[desperate99]

hi, i suffer with severe depression, anxiety and social phobia. I was claiming sickness benefits with nno issues up until last october when they wanted to move me to esa.i was made to go for a medical assesment with atos, which surprise surprise i failed. Then i appealed and surprise surprise again i failed so it went to a tribunal. I had the hearing on 08/08/12 i won this tribunal and was instantly awarded ESA and it recommended i should not be reassesed for 24 months. However today is 13/09/12, and i have just recieved a letter telling me i have to start all over again with the questionaire and assesment with atos.

This is so unfair and surely they cannot do this to me again so soon, as it has only been a month. Dealing with all the messing about over the last year has left me in a very unstable emotional state, and i cannot go through losing all my benefits again and being threatend with homelessness. It seems ESA are wanting another person off from claiming and they they don't care weather or not its by suicide.

Somebody please help and tell me what i can do next, i must have some sort of legal rights. This is absolutely ridiculous and the situation has left me very desperate, so please if anyone can help that would be greatly appreciated.

[BankFodder]

Make a special application to the tribunal.

 

Also, include an allegation of harassment

[desperate99]

Hi, thank you for your reply, i'm not quite sure what you mean by speacial application to the tribunal.

[carcrazy]

btw

 

im going through the same crap for second time aswell

[desperate99]

hi, sorry to hear they are doing the same to you to. we must have some sort of legal rights, i suggest you do the same as me and contact a solicitor for advise, and may legal action. to be honest i'm really at a loss as to know what else to do. and i'm struggling to cope and keep up with it all.

[abc123def]

I read that although the Tribunal can 'recommend' the length of time before reassessment, it is just that, a recommendation and is not a requirement and it is within the DWP's rights to send out an ESA50 as soon as they please. But yes, it does feel like harrassment and is a waste of tax payers money. Not sure what you can do about it though. Just fill the form in perhaps writing in capitals on the top of each page "condition unchanged from successful appeal on 8th August 2012" might be an idea.

[estellyn]

I read that although the Tribunal can 'recommend' the length of time before reassessment, it is just that, a recommendation and is not a requirement and it is within the DWP's rights to send out an ESA50 as soon as they please. But yes, it does feel like harrassment and is a waste of tax payers money. Not sure what you can do about it though. Just fill the form in perhaps writing in capitals on the top of each page "condition unchanged from successful appeal on 8th August 2012" might be an idea.

 

yes, sadly, only a recommendation and not a directive - though it should be IMO.

[desperate99]

but to only leave it a month when a court of law suggests 24, really seems like it is personal and they are out to stitch me up.

[estellyn]

but to only leave it a month when a court of law suggests 24, really seems like it is personal and they are out to stitch me up.

 

No, it will be a computer generated reassessment it isn't personal. Do you have a copy of the Tribunal recommending no reassessment for 2 years? If so write a letter to the DWP enclosing a copy of the recommendation and request that the DWP abide by the Tribunal's recommendation. Explain that the stress of further reassessment on top the recent appeal would be very damaging to your mental health and is unecessary given the Tribunal's recommendation. In the meantime you will have to complete the ESA50, or your benefit may well stop. You may also want to contact your MP and ask them to contact the DWP on your behalf.

[desperate99]

they are basiclly preying on someone who is weak, vulnerable and an easy target. they could prevent alot of stress, anxiety, worry and possible hospitalisation or even death by sticking to what the courts have said, but they would rather push and push until i break. what a lovely and kind society we live in. NOT.

[estellyn]

they are basiclly preying on someone who is weak, vulnerable and an easy target. they could prevent alot of stress, anxiety, worry and possible hospitalisation or even death by sticking to what the courts have said, but they would rather push and push until i break. what a lovely and kind society we live in. NOT.

 

I really do understand, its a crappy system that the government put in place to prey on the weak, while the well off get tax cuts. Sadly its what we have to work with right now. The weakest and the sickest are rarely in a position to be able to effect a change in the system.

[fightingback99]

It might help to put the info about the Tribunal when you fill in your next ESA form, but i think if the DWP feel like it they can get round this on the technicality of the Tribunal appeal was based on an assessment from October 2011. It's now nearly a year later and things may have changed.

 

They seem to have sewn up most eventualities on this ESA process and left themselves a lot of room to manouevre. Wonder if they're so inventive why they can't sew up all the tax loop holes or pin down the bank issues which cost billions each year.

[della2]

It might help to put the info about the Tribunal when you fill in your next ESA form, but i think if the DWP feel like it they can get round this on the technicality of the Tribunal appeal was based on an assessment from October 2011. It's now nearly a year later and things may have changed.

 

They seem to have sewn up most eventualities on this ESA process and left themselves a lot of room to manouevre. Wonder if they're so inventive why they can't sew up all the tax loop holes or pin down the bank issues which cost billions each year.

 

Yes that is exactly what I think. My dad was assessed for ESA and he failed. He appealed and won at a Tribunal with my help and was put in the Support Group.

 

However during the time it took for the hearing to take place, he received another ESA50, I filled it in for him, he had another assessment and failed that one! I have appealed again.

 

So by the time he had his hearing there was another appeal in the pipeline. I'm now waiting for a date for that one.

 

When I questioned it, they told me that the Tribunal decision was about how he was 15 months earlier and that in the interveneing period he was re-assessed. He had a prognosis of 6 months.

They did apologise but pointed out that the real problem was with the Tribunal Service for not getting the appeals dealt with in a timely manner.

 

I'm now waiting for another ESA50 that is likely to drop through the letter box as it is coming up to 6 months since he failed his last (the second assessment).

 

His benefit money that the Tribunal awarded him was for only 7 months and then went back onto the assessment rate.

 

The way things are going they will never be able to catch up and that there will always be two appeals running at the same time.

 

Thank goodness he will be 65 in 18 months when all of this will stop. However that will mean at least another 3 assessments and failures followed by another 3 Tribunal hearings.

[desperate99]

I realy feel for you and your dad, it is an absolute joke, and the worst part is there very little we can do about it. Today i spoke to my local cab, and they say unfortunately this situation is all to common and they are overwhelmed with similar cases. They have however agreed to come to my next assessment, and also they are going to help me get in contact with my local mp and the court appointed doctor that was present at my tribunal. Wether or not this will help remains to be seen, but maybe you should think about going down the same route. I really hope they sort this out soon as they are destroying vulnerable peoples lives.

Also be aware that the assessment people from atos are investigated themselves if they find more than 20% of people they see are unable to work. so these explains why they are finding so many people fit for work. An idependent study showed that 2% of people on sickness benefit were fraudulent, atos are finding 85% of claiments to be fraudulent or fit for work. Is it just me or is that unbelievably disgusting. As i said in an earlier post they don't care weather its by death or not as long as its one less person on thier books.

[desperate99]

*off Their books* i meant.lol

[fightingback99]

 

The way things are going they will never be able to catch up and that there will always be two appeals running at the same time.

 

Thank goodness he will be 65 in 18 months when all of this will stop. However that will mean at least another 3 assessments and failures followed by another 3 Tribunal hearings.

 

Grayling admitted that they're not giving enough time to some people before being reassessed, and something should be done.

 

But instead from next April if someone fails an assessment, the assessment rate won't be paid until after a decision maker has had enough time to reconsider. this could be by contacting GP's ,consultants (something which isn't always done at the moment) There is no set time limit for this reconsideration at the moment, and until the reconsideration is made a Tribunal appeal can't be lodged.

 

Grayling said this was to deter people 'being parked' on ESA assessment rate which is equal to JSA, without having to look for work. Obviously they hope more people will be forced to sign on for JSA as they can't afford to to be withut income while awaiting the decision process.

 

ATOS are just the expensive obedient hitmen carrying out our governments instructions . Very handy for IDS Cameron and Osbourne to subcontract this process to deflect some of the anger from theselves while this shambles of a process continues.

[worried33]

What a joke, people are parked on ESA assessment rate because they are not asssessing people properly.

[desperate99]

Grayling admitted that they're not giving enough time to some people before being reassessed, and something should be done.

 

But instead from next April if someone fails an assessment, the assessment rate won't be paid until after a decision maker has had enough time to reconsider. this could be by contacting GP's ,consultants (something which isn't always done at the moment) There is no set time limit for this reconsideration at the moment, and until the reconsideration is made a Tribunal appeal can't be lodged.

 

Grayling said this was to deter people 'being parked' on ESA assessment rate which is equal to JSA, without having to look for work. Obviously they hope more people will be forced to sign on for JSA as they can't afford to to be withut income while awaiting the decision process.

 

ATOS are just the expensive obedient hitmen carrying out our governments instructions . Very handy for IDS Cameron and Osbourne to subcontract this process to deflect some of the anger from theselves while this shambles of a process continues.

 

So your saying next time they do this to me, while they make their decision i would get no money what so ever? That is ridiculous, they can't do that. I am unable to work so cannot sign on to JSA, so basiclly i will starve and be made homeles?

Well that makes a very hard decision much easier...........

[45002]

Sorry to hear about been reassessed again soon after winning a appeal,cant help you much But just keep battling on.

 

Don't let the ATOSH grind you down...

 

Good Luck....

[grahamdavid31]

I would write straight away to tribunal services and tell them what has happened. They maybe able to help.

I think it couldbe a mistake by the dwp and atos. Do, contact tribunal services quickly, phone them first.

Good luck.

[Nystagmite]

Grayling said this was to deter people 'being parked' on ESA assessment rate which is equal to JSA, without having to look for work. Obviously they hope more people will be forced to sign on for JSA as they can't afford to to be withut income while awaiting the decision process.

 

Many won't get JSA as they're unfit for work. I used to know someone who said he's going to try to find a friend who receives mid or high rate care DLA and become carers for each other. That way, they don't have to sign on and don't have to deal with ATOS.

[della2]

Many won't get JSA as they're unfit for work. I used to know someone who said he's going to try to find a friend who receives mid or high rate care DLA and become carers for each other. That way, they don't have to sign on and don't have to deal with ATOS.

 

That is very inventive!

 

Maybe there is something in that - running ads in the local paper.

 

'DLA Middle rate Care recipient wants to meet similar or Higher. Age not important, would also consider Attendance Allowance at either rate for mutual benefit - Contact *******'

 

However, Carers Allowance will become more difficult to get once PIP comes in.

 

I care for mum and dad, 24/7. Mon - Fri, 2 hours in the morning, 2 hours at lunchtime, 3 hours in the evening. Sat - Sun. about 4 hours each day. Those are just the hours actually spent with them and doesn't include shopping, chemist, paying their bills, and a million of other things. Trouble is I cannot claim any financial help for any of that time as neither receive a qualifying benefit. But it still doesn't change anything, I still can't go out and earn my own money.

 

All joking aside about advertising as above, there must be thousands like me that care for relatives yet do not receive any financial support from the government - talk about care on the cheap!!

 

Ooppps sorry I have taken the thread way off subject so I'll zip mouth now!!

Edited September 15, 2012 by della2

[HadEnough]

Hi all, just thought I'd chip in with what I'd do/did, I'd write in EVERY space on the form that

" you've won your appeal on X date with a recommendation for 24 months and to leave me the F**K ALONE".

 

I don't say this flippantly, I have done this and far worse, just check my atos threads, it's worked for me.

 

I received a ESA 50 about 3 months ago which I thought was a bit early so I phoned them and asked what they were playing at, when I got nowhere I asked for a manager who wasn't available. When they phoned back they said sorry right away (obviously they had checked me /my claim out) and told me to ignore it, so it could be worth ringing and speaking to someone high up?

I only gained 3 months grace as I just received another today:sad:

 

Whatever you do I wish you luck.

[della2]

Hi all, just thought I'd chip in with what I'd do/did, I'd write in EVERY space on the form that

" you've won your appeal on X date with a recommendation for 24 months and to leave me the F**K ALONE".

 

I don't say this flippantly, I have done this and far worse, just check my atos threads, it's worked for me.

 

I received a ESA 50 about 3 months ago which I thought was a bit early so I phoned them and asked what they were playing at, when I got nowhere I asked for a manager who wasn't available. When they phoned back they said sorry right away (obviously they had checked me /my claim out) and told me to ignore it, so it could be worth ringing and speaking to someone high up?

I only gained 3 months grace as I just received another today:sad:

 

Whatever you do I wish you luck.

 

This wouldn't work if the assessor gives you a period of 6 months for the next review and the Tribunal chooses not to make any changes to that. You still get 6 months !

 

As in my dad's case he normally has 2 appeals running at any one time due to the slowness of the MOJ to hear those appeals.