ESA Knockback

[estellyn]

I disagree eith estellyn. I was in support group for 6 months but had to switch to income based when I passed the 365 day for contributions based. I was awating an appeal for 13 months and lost it. I will make a fresh claim for esa when the DWP finally get round to notifying me that my benefit has stopped, even though they have already stopped by payments.

 

In those circumstances, if you had no prior linking ESA claim, your 365 day limit should have ended 12 months after your support group entitlement ended - ie one month before your appeal.

 

Just because something happened to you, doesn't mean it was right.

[Charlie996]

Update.

 

I received a letter from DWP asking me to send any additional information and evidence.... That way they can decide whether to reverse the decision or take it to the tribunal stage.

 

Both my Consultant And my GP are writing strong letters for me to send in.. So this is what I will be doing.

 

It will take a few days maybe a week to get this all together so will this be in time ? How long do I have to provide this information ?

 

I could go to loggerheads with DWP and argue till Im blue in the face but this would just be detrimental to my health which frankly is poor at this time.

 

Should I send Estellyns letter in with this information ? I fear it will create a Me against Them situation ??

 

My thoughts are to try to get the decision overturned and send Estellyns letter in if this does not happen ?

 

Advise please as I'm a little lost..

 

Thanks.

[**Margaret**]

:Charlie996:

 

Your benefit delivery centre will wait 14 to 21 days for the letters from your doctors. Suggest you write your national insurance number on each sheet and send them recorded delivery so you can prove receipt, after you've taken copies for yourself.

 

The letter asking for a reconsideration of their decision not to pay assessment rate can be sent at any time, with or without the letters from the doctors. I'd have posted it first thing Monday morning. No reason for it to be a you against them situation. The letter is a perfectly reasonable request for them to pay you the correct benefit at the right time and in my experience these disputes are easier sorted in writing than via phone calls.

 

Try to relax on the , best wishes to you and your wife, Margaret.

[estellyn]

Update.

 

I received a letter from DWP asking me to send any additional information and evidence.... That way they can decide whether to reverse the decision or take it to the tribunal stage.

 

Both my Consultant And my GP are writing strong letters for me to send in.. So this is what I will be doing.

 

It will take a few days maybe a week to get this all together so will this be in time ? How long do I have to provide this information ?

 

I could go to loggerheads with DWP and argue till Im blue in the face but this would just be detrimental to my health which frankly is poor at this time.

 

Should I send Estellyns letter in with this information ? I fear it will create a Me against Them situation ??

 

My thoughts are to try to get the decision overturned and send Estellyns letter in if this does not happen ?

 

Advise please as I'm a little lost..

 

Thanks.

 

Send the letter in seperately, or it may get missed that it's a different decision that you're challenging. If you don't send the letter in you will miss the normal deadline to challenge the decision. With appeals taking so long in some areas, you could find yourself without benefit for a long period of time.

[**Margaret**]

:Charlie996:

:estellyn:'s right. My sentence should have read ' ...... at any time within a month of the decision, with or without ......'

:estellyn:

Thanks for correcting the omission. The letter you prepared is best sent sooner rather than later but I've a feeling :Charlie996: wants them to consider the medical evidence first.

 

Margaret.

[Charlie996]

Once again yesterday I had to phone after receiving some forms that were sent to me that were supposed to be sent to someone else !

 

Again I explained the situation and again I received a call back late yesterday afternoon but this time from a patient pleasant person...

 

He did understand what I was saying but is totally adamant that I will receive no further payments until either the decision is overturned Or an appeal is heard.

 

My consultant is very supportive and is sending a letter to sent in.

 

I finally got to speak to my GP just this morning as he has been on leave for a few days . He seems reluctant to write a letter saying they cannot cope with the workload of doing so many letters as they are asked for them every day almost......

 

He says I should go to CAB and get advice. I have explained that this I cannot cope with and finished up in tears once again..

 

I cannot cope any more with this .. I am just at a loss on what to do.. It seems sending in Estellyns letter will be pointless as DWP are just so adamant on this point..

 

Margaret is right I was hoping that with support I could get the decision overturned without stirring them up.....

 

Thanks.

[estellyn]

Once again yesterday I had to phone after receiving some forms that were sent to me that were supposed to be sent to someone else !

 

Again I explained the situation and again I received a call back late yesterday afternoon but this time from a patient pleasant person...

 

He did understand what I was saying but is totally adamant that I will receive no further payments until either the decision is overturned Or an appeal is heard.

 

My consultant is very supportive and is sending a letter to sent in.

 

I finally got to speak to my GP just this morning as he has been on leave for a few days . He seems reluctant to write a letter saying they cannot cope with the workload of doing so many letters as they are asked for them every day almost......

 

He says I should go to CAB and get advice. I have explained that this I cannot cope with and finished up in tears once again..

 

I cannot cope any more with this .. I am just at a loss on what to do.. It seems sending in Estellyns letter will be pointless as DWP are just so adamant on this point..

 

Margaret is right I was hoping that with support I could get the decision overturned without stirring them up.....

 

Thanks.

 

Charlie, I've dealt with hundreds and hundreds of appeals and the DWP are always adamant they're right - until the decision is overturned.

 

You are dealing with two different issues - one is the issue with the ATOS assessment, the second is the decision that you've received your 365 day entitlement. You need to challenge both decisions - the letter is sufficient to send, when you get a response come back to us and we'll help you with that. But you really do need to send it. From what you have told us you are entitled to assessment rate ESA for up to 365 days while appealling your WCA.

 

Of course it is your choice, and if you think you can do without the money until your appeal is heard (which could be a year away) then you have the option not to bother.

 

I understand how stressful this is for you. What can it hurt just sending the letter? You lose nothing.

Edited October 18, 2012 by estellyn

[**Margaret**]

:Charlie996:

 

Understand how you feel, I really do. Like lots of others I've been there. But you've nowt to lose by sending that letter in. Won't make a scrap of difference to their reconsideration of your medical evidence.

 

'DWP are always adamant they're right ......' especially if one's arguing with them over the phone. Way, way too stressful.

 

Few weeks ago (in connection with an underpayment of arrears) they were telling an acquaintance in my self help group that 2+2 = 3. Once we'd sent a letter explaining our sums they agreed that 2+2 = 4 and paid the outstanding arrears.

 

Back onto that , Margaret.

[Charlie996]

Right decision made !! I will be writing and posting Estellyns letter tomorrow and sending it in by recorded delivery..

 

Only issue is I cannot find the exact dates that I went onto ESA............ How important is that date ? They will have all the information anyway ??

 

Could You please help me with re wording the letter to indicate I cant remember the dates as I dont want to make a hash of it ??

 

Sincere heartfelt thanks !

 

The letter....

 

Dear Sir or Madam,

 

RE: ESA, NINO (insert national insurance number)

 

I am writing to request a reconsideration of the decision dated (insert date) that I have exhausted my 365 day time limit on contributionbased ESA.

 

I dispute this based on the following facts:

 

No days spent in the support group, or in the assessment phase directly prior to being allocated to the support group count towards the 365 day time limit.

 

I initially claimed ESA on (insert date), and was on the assessment phase until I was allocated to the support group on (insert date). I then stayed in the support group until my my most recent WCA decision on (insert date).

 

I have never spent any time in the WRAG group which does count towards the 365 day time limit.

 

Therefore I have not used up any of my 365 day time limit until the day of my most recent WCA decision, and should be paid ESA at assessment rate while appealling my WCA decision.

 

I have had several difficult conversations with DWP staff about this, who do not appear to understand the legislation as it applies to this matter. the phone calls have caused me much distress. I would appreciate that this matter be dealt with as a matter of urgency.

 

Regards

 

(insert name)

[**Margaret**]

:Charlie996:

 

Just to let you know I've seen your decision.

 

Would be very presumptuous of me to alter a letter :estellyn:'s prepared. I've seen her around this evening, so hopefully she'll notice your post and reply.

 

Margaret.

[estellyn]

Hope this helps, you should have the date on the letter telling you the 365 day limit had been exhausted - so I've left that one in.

 

 

Dear Sir or Madam,

 

RE: ESA, NINO (insert national insurance number)

 

I am writing to request a reconsideration of the decision dated (insert date) that I have exhausted my 365 day time limit on contributionbased ESA.

 

I dispute this based on the following facts:

 

No days spent in the support group, or in the assessment phase directly prior to being allocated to the support group count towards the 365 day time limit.

 

I initially claimed ESA, and was on the assessment phase until I was allocated to the support group. I then stayed in the support group until my my most recent WCA decision.

 

I have never spent any time in the WRAG group which does count towards the 365 day time limit.

 

Therefore I have not used up any of my 365 day time limit until the day of my most recent WCA decision, and should be paid ESA at assessment rate while appealling my WCA decision.

 

I have had several difficult conversations with DWP staff about this, who do not appear to understand the legislation as it applies to this matter. the phone calls have caused me much distress. I would appreciate that this matter be dealt with as a matter of urgency.

 

Regards

 

(insert name)

[grahamdavid31]

I do not know what to say. Iam very sorry for you. Would it be worth you contacting your local MP for help.

He maybe able to write on your behalf.

 

Best wishes

[Charlie996]

I managed to find roughly the dates so put them in as approximates..

 

They will have all the dates anyway and as I understand it its the point we are arguing not the dates...

 

Greahamdavid.

 

As in the posts above I just cannot cope with seeing people like my MP who like my GP is likely buried under a pile of similar things.. I wish I could cope but my mental health is very poor now and have been given more medication...

 

Thanks again and I will let you know what happens next !

[Charlie996]

As a wee update..

 

I sent the letter Estelyn kindly wrote for me..

 

A few days later I sent in a letter A very very strong letter from my Consultant who was absolutely furious at the situation . The letter explained the treatment I am on and states very clearly that I am unable to work and will continue to be so for some months to come at best..

 

A few days after this I sent an even stronger letter written by my GP who demanded to know how such a decision could be arrived upon..

 

The result ??? You guessed it nothing......... Not a word !

 

My sick line was about to run out so I made sure a fresh one was sent in 2 weeks ago. I did not receive the usual brown envelope to send it in so sent it to the usual address.. Now I am concerned that they have received it .. In fact it is worrying me very much..

 

So should I ring them to make sure they have got it ? I do have a photocopy of it and should be able to get a replacement if needed.. Or should I just let it lie ? Calls to DWP cost me just over £40 so far !! Not funny when one has no income.

 

All my working life so far (38 years) I worked hard. Paid my taxes and NI in the belief that if ever I hit the skids the safety net would be there for me... How foolish was I........................

 

Thanks.

[debt4get]

I would ring otherwise the first thing you will know is that your money wont arrive at bank...check they got the damn thing!!

[Charlie996]

I would ring otherwise the first thing you will know is that your money wont arrive at bank...check they got the damn thing!!

 

I am getting no money at all anyway at the moment..

[anna15]

Hi Charlie,

 

I really can't offer advice as I am just preparing for my tribunal in 2 weeks time but wanted to say I really am shocked at what I have read.

 

I feel people with mental health issues are being ignored and made feel they don't have a voice. I know ppl with other disabilities are also being made feel they are wrong to apply for esa/Dla. I am probably at where you are just now as when gp refused me a report I too burst into tears. It's not easy for some of us just to approach professionals for help. I will be keeping my fingers crossed this terrible mess gets sorted as you have enough problems without dwp adding to it.

 

Take care

 

I am getting no money at all anyway at the moment..

[Charlie996]

Hi Charlie,

 

I really can't offer advice as I am just preparing for my tribunal in 2 weeks time but wanted to say I really am shocked at what I have read.

 

I feel people with mental health issues are being ignored and made feel they don't have a voice. I know ppl with other disabilities are also being made feel they are wrong to apply for esa/Dla. I am probably at where you are just now as when gp refused me a report I too burst into tears. It's not easy for some of us just to approach professionals for help. I will be keeping my fingers crossed this terrible mess gets sorted as you have enough problems without dwp adding to it.

 

Take care

 

Can I wish you all the very best for your appeal tribunal !

 

I have had massive support from the medical people which include the Consultant psychiatrist, The Consultant therapist that I see every two weeks and my GP..

 

My GP was however reluctant to get involved until he received a letter from the Consultant psychiatrist at which point he went ballistic at DWP.

 

He the GP that is explained that he has to write letters on behalf of his patients on an almost daily basis in support and because of the ridiculous way all people on ESA are being treated by DWP and ATOS !

 

The ATOS medicals in everyone's opinion has little or no capacity for dealing with those like us suffering from mental health issues.

 

I'm 55 now. I worked very hard all my life and never had a days illness up until I had the accident.. If I had health issues like with the diabetes which I have had for 35 years or a couple of broken ribs ect I simply worked through them..

 

Depression though is a completely different thing altogether !! I would trade what I go through for any amount of broken bones !

 

I did rather foolishly make an attempt on my own life.. But if I'm honest it was really a cry for help... I do now contemplate suicide but would make sure of success if I try again..

 

I am truly at the bottom and have been for a couple of months now.

 

Thank you DWP for your help.

 

Sorry I'm getting angry again.

 

Please do not if you can allow your self or outside influences to place you in the position I am in !

 

I do genuinely wish you the very best !

[anna15]

Charlie,

 

You don't have to say sorry for getting angry as you are only expressing how bad these people can get to us. Thank you for your best wishes I do appreciate it.

 

I have undergone some massive surgery in relation to cancer at a very young age (30). After all my ops and overcoming a year of being ill I was at a place where I done okay. I handled appts then, going out was not an issue. I am no way saying I would go through that he'll again as I couldn't but I am saying mentally I coped and was not a recluse. When this horrid illness set in it blew me off my feet and I am now not coping. My friends are out partying while I can't get over the door. Yes like you I have tried the cry for help too but after it I was terrified at how low I had got. I spoke to my amazing husband who helped me get help. I am a long way away from being well but believe I will never do such a thing again.

 

Charlie hang in there and you will get through this. You sound like you have a lovely wive too and together you's will work through this illness.

 

 

 

 

Can I wish you all the very best for your appeal tribunal !

 

I have had massive support from the medical people which include the Consultant psychiatrist, The Consultant therapist that I see every two weeks and my GP..

 

My GP was however reluctant to get involved until he received a letter from the Consultant psychiatrist at which point he went ballistic at DWP.

 

He the GP that is explained that he has to write letters on behalf of his patients on an almost daily basis in support and because of the ridiculous way all people on ESA are being treated by DWP and ATOS !

 

The ATOS medicals in everyone's opinion has little or no capacity for dealing with those like us suffering from mental health issues.

 

I'm 55 now. I worked very hard all my life and never had a days illness up until I had the accident.. If I had health issues like with the diabetes which I have had for 35 years or a couple of broken ribs ect I simply worked through them..

 

Depression though is a completely different thing altogether !! I would trade what I go through for any amount of broken bones !

 

I did rather foolishly make an attempt on my own life.. But if I'm honest it was really a cry for help... I do now contemplate suicide but would make sure of success if I try again..

 

I am truly at the bottom and have been for a couple of months now.

 

Thank you DWP for your help.

 

Sorry I'm getting angry again.

 

Please do not if you can allow your self or outside influences to place you in the position I am in !

 

I do genuinely wish you the very best !

[estellyn]

If you can, or get someone else to for you, phone up just to check that the latest appeal and the med cert have been received, and ask that the decision maker get emailed to confirm that they are dealing with your appeal re the 365 day time limit as a matter of urgency. Unfortunately there are delays in dealing with appeals and your second appeal could still be sitting in someone's in tray.

[Charlie996]

If you can, or get someone else to for you, phone up just to check that the latest appeal and the med cert have been received, and ask that the decision maker get emailed to confirm that they are dealing with your appeal re the 365 day time limit as a matter of urgency. Unfortunately there are delays in dealing with appeals and your second appeal could still be sitting in someone's in tray.

 

So glad I took this advice !

 

DWP have lost everything I sent them !

 

The original appeal against stopping the benefit despite me being in the support group..

 

Letters from the Doctors everything !!!

 

It has taken me all day to get together copies and write yet another letter trying to explain what is going on.

 

I sent every single letter by recorded deliver and yet still they say they have received nothing.

 

I'm so upset and completely distraught at the situation I'm in as in effect I feel I am starting all over again.. I am so low and depressed by this now. I have again been brought to tears by a flaming system that just simply does not care one bit !!

 

Sorry.................

Edited November 22, 2012 by Charlie996
spelling

[estellyn]

So glad I took this advice !

 

DWP have lost everything I sent them !

 

The original appeal against stopping the benefit despite me being in the support group..

 

Letters from the Doctors everything !!!

 

It has taken me all day to get together copies and write yet another letter trying to explain what is going on.

 

I sent every single letter by recorded deliver and yet still they say they have received nothing.

 

I'm so upset and completely distraught at the situation I'm in as in effect I feel I am starting all over again.. I am sow low and depressed by this now. I have again been brought to tears by a flaming system that just simply does not acre one bit !!

 

Sorry.................

 

I really feel for you Charlie - dealing with the DWP can be time consuming and incredibly frustrating. You may want to send a copy of everything to your MP with a covering letter explaining how poorly you have been treated - might get things moving.

[Charlie996]

I really feel for you Charlie - dealing with the DWP can be time consuming and incredibly frustrating. You may want to send a copy of everything to your MP with a covering letter explaining how poorly you have been treated - might get things moving.

 

I really am sorry but I just cant cope with anymore.. I think for the sake of my health which is poor that I will just have to give in...

 

Thank you for your help I genuinely appreciate it

[Nystagmite]

I hope you're ok, Charlie. Do you have anyone who can help you? I think you really need someone to fight this for you.

[estellyn]

I really am sorry but I just cant cope with anymore.. I think for the sake of my health which is poor that I will just have to give in...

 

Thank you for your help I genuinely appreciate it

 

Charlie, I really think you need more mental health support, is your psychiatrist or GP aware of the stress you're under? Do you have a CPN? I really think you need extra help, I'm worried about you. If I can help in any way, please post on the thread - if you need additional letters written, which I know you struggle with, I'll happily do it for you and you can just fill in the details. We need to get this sorted out for you.