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ESA Knockback


Charlie996
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They don't care about how much tax and NI you paid as such.

 

You might be able to request a sar and find out how long you were on which rate for.

 

I realise they don't take into consideration our previous records or how hard we worked..

 

I don't even know what an SAR is..

 

I'm sorry but I just cant fight them any longer. I wish I had the strength too but I just cant . Sorry.

 

I with the help of my wife filled in the appeal against the decision to not pay the lower rate ESA but as it seems I was on ESA before this claim that DWP may be right not to pay... So will not send it in now.

 

I'm just so tired and confused I have to give in

 

Thanks.

Edited by Charlie996
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  • 2 weeks later...

Really confused now..

I have received a for called ESA50 and it seems to be asking questions about limited capability to work and it seems to be saying that I'm on or was on either a disability benefit or incapacity benefit and asking all the questions to which they already have the answers ??

Sorry to ask again but I have some questions...

 

What is this ESA 50 form ?

Why do they want answers to questions that have been asked and replied to time and time again. They have recent letter from my Consultant and doctors explaining how I am at this time?

How long before they even look at the picture and decide if I have to go to a tribunal ? It is nearly six months now since they stopped my benefit... ?

On the ESA50 form it says failure to complete the form may result in the benefit being stopped !But they have stopped it six months ago ??

 

Again I apologize but this is causing me quite some distress here.. so many questions but I do need help please..

 

As always Sincere thanks !

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The ESA50 is the form you fill in to decide whether you need an assessment and to decide which group you're in.

 

The wording "your benefit may be stopped if you don't fill his form in" is standard. They also pay your NI contributions; so if you don't receive any money and just the NI, that will stop if you don't fill the form in.

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Fill in the ESA50 - get help if you can with the form. This is a standard reassessment for your current claim, and there is the possibility that you could be put back in the support group and payments would resume. Make sure you write on the form that you want any assessment recorded. This form is entirely seperate from the appeal process and you need to send copies of any medical evidence stapled to the form as it is dealt with by different decision makers.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Ok thank you both. It is confusing.

Can I ask why I would want any meetings to be recorded ? though to be fair it would have been great if the last meeting I had to go to if recorded would have helped me prove what a complete sham it was. Will asking for any meeting to be recorded slow down the already very slow procedure.

 

We are moving house soon as it has become impossible to stay where we are now for both myself and my wife. this means moving back to the Midlands from here in Scotland. So will it be possible to have a hearing down south after we have moved ? Or will it mean coming back to Scotland to sort it out..

 

For the first time in 18 months I feel strong enough to at least attempt to attend a tribunal if they decide that is what must happen. This is as a result of the first class treatment I have been fortunate to receive from the medical team who have looked after me through the past few very very dark months..

 

Once again the help and information from you all here is something I am extremely grateful for .. Thank You .

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:Charlie996:

 

Glad to hear you're feeling a bit better. :-D

 

If necessary, a tribunal hearing could be relocated to the Midlands.

 

'...... it would have been great if the last meeting I had to go to if recorded would have helped me prove what a complete sham it was.'

 

Think you've answered your own question. Should Atos decide on another face to face assessment it may be delayed by asking for it to be recorded. Unfortunately, there's no correct answer as to whether a recorded assessment will avert an appeal, but nothing ventured nothing gained. If I were you I'd ask for a recorded assessment on page 2 of the ESA50. Should the waiting become too stressful you can change your mind and ask for an unrecorded assessment.

 

Sincerely, Margaret.

Edited by **Margaret**
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:Charlie996:

 

Glad to hear you're feeling a bit better. :-D

 

If necessary, a tribunal hearing could be relocated to the Midlands.

 

'...... it would have been great if the last meeting I had to go to if recorded would have helped me prove what a complete sham it was.'

 

Think you've answered your own question. Should Atos decide on another face to face assessment it may be delayed by asking for it to be recorded. Unfortunately, there's no correct answer as to whether a recorded assessment will avert an appeal, but nothing ventured nothing gained. If I were you I'd ask for a recorded assessment on page 2 of the ESA50. Should the waiting become too stressful you can change your mind and ask for an unrecorded assessment.

 

Sincerely, Margaret.

 

Thank you...... Again thanks to all !

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  • 2 weeks later...

Can I ask for your thoughts on something please ?...........

 

I had to visit my Consultant last week. He inquired as to the situation ongoing with DWP. I said as yet no decision has yet been made as ti if it goes to tribunal or not.....

He then suggested that I apply for disability benefit which in his words has the capacity to look at mental heath where ESA does not.. He also said he would support this if I decide to apply.

I was taken aback and surprised by this and said surely disability benefit is for the disabled . He pointed out that due to the severity of my ongoing illness I am in fact disabled....

 

I've sat on this for a week and just don't know what to think or do about it..

 

I actually plucked up the courage to try and make an appointment with CAB but was told they cannot see me at this time as they cant cope with the massive influx of people currently standing at their doors.

 

Thanks

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What does he mean by "disability benefit"? There's disability living allowance (DLA) if your disability means you have care and /or mobility needs. And then there's ESA if your disability means you can't work.

 

Do you currently receive DLA?

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What does he mean by "disability benefit"? There's disability living allowance (DLA) if your disability means you have care and /or mobility needs. And then there's ESA if your disability means you can't work.

 

Do you currently receive DLA?

 

No I don't at this time get anything at all and have not since the DWP stopped the benefit.

I did say to the Consultant that physically apart from the back injury that has left me with only minor difficulties I am fit.. He said that in his opinion that I am at this time totally incapable of any kind or type of work and am disabled by this so he would support and encourage me to press on and apply...... I'm not so sure !

 

Im wondering if I should find the courage to phone DWP and ask what ever is going on with my appeal as its six months now and they have several letters from the Consultant and the GP and the Mental health practitioner who I see every two weeks.. Or will at usual just upset me and fall on deaf ears .....

 

Sorry but this is all so confusing...

 

Thanks.

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:Charlie996:

 

Your consultant is almost certainly suggesting you apply for disability living allowance, soon to be replaced, between April 13 and June 13, with a benefit called personal independence payment for new claims. Disability isn't just about not being able to walk or see. The effects of a mental health condition; no motivation to get up and dress, forgetting to take meds, not keeping oneself safe, etcetera, can be equally disabling.

 

Further info about disability living allowance at;

 

http://www.disabilityrightsuk.org/f2.htm

 

Further info about personal independence payment at;

 

http://www.disabilityrightsuk.org/f60.htm

 

Whether to chase your appeal? Up to six months for appeals to be processed is becoming the norm in some areas of the country. :x If it's easier for you, Jobcentreplus are usually happy to discusss whatever with a friend/partner so long as the claimant speaks briefly to confirm name and national insurance number.

 

Sincerely, Margaret.

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  • 2 weeks later...

Really desperate now...

 

The DWP have allowed the appeal and placed me in the WRAG group which of course means I get no money as I have had the 12 months allowed even though that time was in the support group.

 

I phoned in and was called back by a person from the appeals department who told me I should appeal against this latest decision and in effect appeal Again to be placed back into the support group..

 

I asked if this meant that the whole process would start over again with the need for letters from the Consultants and Doctors and I was told that yes it would.

 

So the whole struggle against the odds means that nothing has been gained. No one has listened ..

 

Please can you help me with what to don now ? I feel absolutely gobsmacked and really really down.

 

I kind of expected that the decision would stand and I would be made to go to tribunal but now it seems I have to start all over again. Im not sure I can cope with that !!

 

Thanks.

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Yes Charlie you need to appeal being in the WRAG group if you think you should be in the support group. I know how hard you're finding this, but it is a case of just sending in your evidence with the GL24 again.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Can anyone help with this one ? Its just so confusing ..

 

Thanks.

 

do as you have ben told submit the gl24 appeal form right away.

 

To give you hope when I appealed for SG, I only put in a few lines on the form and didnt submit any extra evidence, I just reminded them I met the SG descriptors.

 

It didnt goto appeal and about 6 weeks later got put in the SG.

 

Although my first appeal did get lost, the 2nd was after the 2nd submission, luckily they accepted my first was lost and allowed the 2nd even tho was outside the 4 weeks limit.

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Charlie, don;t you be giving up now. WHEN you finally win, you can then give yourself a huge pat on the back. If you can win this in your current state of mental health, imagine what you'll be capable of when you have recovered.

 

This is dreadful. But it is what all ESA applicants are required to go through now.

 

The one thing I am so pleased to hear - right at the start of this post you said you had a neighbour who worked at the CAB but you felt you couldnt approach him. It sounds like you did approach him and I am so very glad you did.

 

Two years ago one of my neighbours approached me, as I am a former housing officer. It took him a lot of courage, he was depressed as hell like you with Borderline Personality Disorder to boot. I immediately agreed to help him, as I would anyone deserving of it and having the courage to ask me. Because he found that courage he got to keep his home. I believe, you have found the courage to ask for help, so therefore, this will come out right in the end.

 

I fully understand how you feel like giving up on a regular basis; however, now turn the thing on its head and see that it is actually keeping you bobbing along.

 

Keep your chin up, stay calm, nothing can really get worse than it already is.

 

Thinking of you. X

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Thank you for those kind words..

 

I was never able to speak to the neighbour who works at the CAB.. I have this huge feeling of shame and have had throughout this whole episode.. It is another Neighbour who is really a friend of my wife who has helped us so far..

I.. When I say I I mean by that my wife finally talked me into making an appointment at CAB but when we tried to get one they informed us that they simply cannot take on any more cases due to the massive overload of people being rejected not only from ESA but many other benifits..

 

There is still the appeal in addition to this where DWP refused to pay me any money at all saying that I had used the 365 day allowance despite it being pointed out that I was in the support group and time spent in the "support" group does not count.. So this appeal I'm told has been sent to the Tribunal service ..

 

How much money does an appeal process cost ? I worry that money wasted on these appeals takes money from the fund that is used to pay benefits from ?

 

I cannot thank you all enough for the help and support you have given me !! It is NO exaggeration to say that without it I would be in a different place !

 

Again Sincere Thanks !

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  • 1 month later...

Just as a follow up to this endless saga..

 

I received a letter from the tribunals service saying that as I had not followed the district Judges instructions ( I promise I received no letter at all until this one arrived) my appeal had been struck off and no further action would take place..

 

In other words they have booted me off with no hearing ...

 

I have of course written to them telling them that the only instructions I had were to send more evidence to DWP which I did sending yet again more letter's ..

 

I do have a copy of the letter from DWP asking for this evidence so have enclosed that along with twelve .. Yes thats right twelve letters of support from the medical team that are looking after me..

 

So still I get absolutely NO help at all... Not a penny coin since last September....

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  • 2 months later...
  • 1 month later...

:Charlie996:

 

Unfortunately there are that many people waiting for appeal hearings. In some areas tribunal panels are sitting on Saturdays. Starryeyes waited twenty months from her Tatos trip to the appeal hearing against the decision. And the expected wait for oral hearings against (incapacity to employment n support) conversion decisions is fifteen months.

 

All you can do is make polite enquiries of your tribunal support centre to ensure that they've still got the papers, Royal Mail haven't lost any notification from them, etcetera. N wait, n wait, n ...... :yawn:

 

Margaret.

Edited by **Margaret**
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