ESA Stopped for failing to attend appointment. Can somebody please help?

[bs0lth]

Well another day spent trying to sort this out.

 

I was told yesterday that my appeal had been ok'd and I needed to attend the medical before any money could be paid

 

So today, armed with what the Local council said I was back on the phone. trying to get my medical fast tracked, they are still dragging their feet on this one... cant be paid until I attend the medical but they cant fast track it fast enough...

 

Local council is not helping... they say its up to the DWP to actually help me

 

DWP saying the only way I can get any money at all is to actually sign on to JCA but I have to be fit for work... who is going to employ me is another question and doubt my physchatrist or doctor would be happy sginging me off never mind..

 

I cant get a short term benefit advance because its not a new claim but it is a new claim and they dont know if they will pay me anything until the results of the medical are back...

 

I really really have no idea what to do... think I am going to have to sign onto for JSA

 

ah one other thing... the call saying that the appeal has been upheld really meant that it was put onto the computer and they acknowledge that its on the computer not as I have been told by 6 people yesterday and today that its been ok'd

 

Was told today that they would be arranging payments again but it could two weeks...

 

this is chaos...

[honeybee13]

Hello again.

 

I'm wondering what the guys think about involving your MP. It has worked for other people here.

 

HB

[bs0lth]

Hi HB

 

I was seriously thinking about my MP, to be honest I have been told so much rubbish, today its been a case of go to you local authority, you can apply for crisis help then when that runs out just apply again. I was talking to somebody from the local office who said this.. they said well if you can only apply once there are charities to help. I asked who they were and they said your local council can help. I have allready asked that question and they said there are non in this area... is a complete nightmare

[Guest]

Contacting my MP would be a definite if this were me....seriously.

[45002]

Contacting my MP would be a definite if this were me....seriously.

 

Ruby_Tuesday correct,Contact your MP....seriously.

 

http://findyourmp.parliament.uk/

[bs0lth]

Hi HB

 

I have jsut sent an email to my local councilor hopefully he might be able to help... cant hurt matters

[Guest]

Am not sure but I think its your local MP you need on this, I thought that councillors had different areas of help that were more to do with local area and services etc.

[honeybee13]

Hi Ruby. I hadn't thought about councillors, but one was helpful recently to a cagger who became homeless I'm wondering if it's worth contacting both.

 

HB

[bs0lth]

Hi Ruby_Tuesday

 

Thanks, I have emailed him with a brief outline of whats going on, I have also requested the DWP send me out copies of the letters they are supposed to have sent out. I have had nothing in writing at all about the reasons for not being reconcidered etc. lets hope that something will give.

[bs0lth]

the whole argument as well is that the DWP are saying that because I got one form then I should have got the other.. but this was said verbally over the phone and I cant get them to put it into writing

[bs0lth]

Am not sure but I think its your local MP you need on this, I thought that councillors had different areas of help that were more to do with local area and services etc.

 

I think you are right I have been on the council website looking at what they do...

[bs0lth]

Another update..

 

I have just had an email from my MP, he has passed on my details and a copy of my email to another MP as he says its a national matter rather than a local matter and she is a better person to deal with it. He said he will keep in touch and if both of them have to work together to help they will.

 

I just need now to hear what the other MP has to say, hopefully she will be able to help or at least give me some advice.

 

I would never in a million years have thought about contacting my MP but lets see what happens now.

 

Thanks everyone..

 

[speedfreek]

I'll repeat my advice in my last post 33

 

So try and split this up into parts;

 

1, Get that WCA fast tracked and sorted.

 

2, Have a look locally for welfare and any council or charity support for your day to day living expenses and housing. You might also find somebody if you're lucky to help with this too.

 

3, write down a simple time line of what has happened? e.g.

 

1, letter received - DWP - failure to attend BF232 notice

2, telephone call - ATOS - asked about failure told decision not reversed.

 

Keep it short, sweet and simple (include dates to) as you're drip feeding more and more information with each post. That's not a problem, though for clarity once that's done it will give everybody a clearer picture of what we are up against. This will also help you with the appeal and with 4

 

4, start writing a complaint to ATOS/DWP

 

 

Now keep going with 1 but move 2 to a must do today.

 

The reason we didn't advise going for a ST Benefit advance as we didn't think you were receiving benefits. We hoped you were but....

 

There a lot of info in this sticky on what the Council DWP can provide and how to apply for it. Your local council should have info specific to their schemes. So worth a look. http://www.consumeractiongroup.co.uk/forum/showthread.php?388866-Amendments-to-the-Social-Fund-2013(1-Viewing)-nbsp

 

 

Now keep updating that time line of events in 3 as once you get 1 and 2 sorted you can work on the complaints. You can't proceed with these until really after you get the SAR back which can take 40 days. So keep on top of it and put a diary date in so that you don't forget. Remember too you can also use all of this plus the information in the SAR to add stuff into your appeal. You have until 2 weeks before it's listed so there's no immediate rush. Sort out 1 and 2 1st.

 

 

Now this time line can be used now to help with getting help off the MP

 

These 2 fact sheets may also help to explain what has happened and what should happen next often an MP (and yourself) need a bit of help understanding the process and what happens.

 

http://www.cpag.org.uk/content/esa-repeat-claims-and-appeals

 

http://www.newcastle.gov.uk/benefits-and-council-tax/welfare-rights-and-money-advice/employment-and-support-allowance-sanctions-

 

 

Remember keep it short sweet and to the point. So 1, brief explanation of your situation, 2, time line of events, 3, what help you would like and 4, what the consequences could be if you do not get help.

 

The complaints/appeal will be the same except replace 3 & 4 with explaining why their decision was wrong.

 

 

I've got counseling today so I'll be in no condition except maybe watching football later.

[bs0lth]

I have just been contacted by the decision maker from the appeals section...

 

Amazing the level of incompetence that has been going on, this was supposed to be a decision maker from the ESA section but never mind...

 

11 people I have talked to over the last three days and each one tells a different story....

 

for over two weeks I have been trying to get my claim fast tracked to a medical... they still have not even started on that....

 

I have been told my appeal was accepted and upheld and they were processing payment... what in fact they actually meant was my appeal had been received in the post, and was accepted as a valid right to appeal and would be passed onto the appeals department.

 

I was told that my claims had been merged and the old one reopened.... that was a load of rubbish, the old claim is still closed until the time that I go to tribunal and then they will reopen it

 

I have been told that my claim will be looked at by the appeal section before forwarding it to tribunal stage, and if they think the decision is wrong they can over turn the decision

 

I am shocked that I have talked to so many people who have misread what was put on my file and told me a complete load of rubbish, I dont understand how what has been written can confuse so many people. and how out of all 11 that I talked to there was only one that got it halfway right.

 

I am also shocked that asking to talk to a decision maker, I have been fobbed off with other people that have no idea what is going on, my last two call backs have not been decision makers so I wonder how many of the last 5 weeks call backs have been the same.

 

three of the calls to ask for call backs have not been logged in the system. I did them from the job center and I laughed yesterday when the security guard said see you tomorrow when they fail to call you back again...

 

the appeals desision maker is going to try to get a decision maker from the esa dept to call me back as she thinks that there are more letters than I think that have gone missing, I need to actually be able to record the next call is there software or something that somebody can advise me about...

 

I am also waiting to here from somebody about getting my claim fast tracked, that is still sitting still.... and nothing at all has been done about it.

 

this is a mess... how do you lodge an official complaint....

[speedfreek]

this is a mess... how do you lodge an official complaint....

 

Now that's got to be the understatement of the century!

 

As for complaints all in good time my fine fellow. You need to focus on the important here and now for the time being! No distractions it's about trying to get you a bit of support and safety.

 

To that end is there a GP or somebody caring for you say CMHT/Social Worker you can approach for help as well? They may be able to help with getting access to care to get you through (counseling etc) and services; charity, food bank or even Council ones!

 

Just keep updating that time line with what is happening. It's far easier to show people on paper in writing what's going on, plus once you're secure and all the information is in then! and only then! it's complaints ahoy me hearty!

[bs0lth]

Hi Speedfreek,

 

Thanks for your reply, I have been trying to get my new claim fast tracked, I have been into the jobcenter to use their phone, and I keep asking if it can be, they keep telling me that they will look into it, I keep asking if it has been processed for fast tracking yet and they keep telling me they will look into it. It is one of the reasons I have demanded a call back so that somebody might be able to get the thing fast tracked, its my main priority at the moment as there is nothing else I can do until I get other information.

 

I have been onto my local authority to try to get them to help, The guy from the crisis team is trying to help, however, there are no charities in my area that can help with day to day living expenses, I am trying to find somebody to help online, but coming up with nothing at all,. the crisis people are going to call me back today with hopefully somewhere I can go for help...

 

I can still apply now for my 3 days worth of food and £10 of gas and electric but in the great scheme of things its not really enough.

 

I need to clarify a couple more things about the esa... to be honest I think I am going to wrap it, looking at the HMRC site yesterday I can register as self employed, work 20 hrs a week and can qualify for working tax credit with the disability element. Which means I can get virtually what I was getting on ESA. I should also be able to get help with my council tax as well. If I do this I maybe able to get a paying lodger to help out as well.. need to look at this in greater detail to see exactly what they will need.

 

I may still be elligible for the return to work benefit, however, I doubt I will get that unless I win my appeal, but the appeal will still go on... so I am now thinking about it. HMRC says that processing it at about 14 days....

 

being self employed will also mean that if I get wobbly head again then I can work around it and not have to worry about my employer... also what I am thinking has very minimum start up costs and I have all of the equipment all ready so could set it up quickly.

 

I am working on the list of who says what says who.. timeline... I will post it when its sorted completely... it is helping doing it putting it all into perspective.

 

I want to complain, the size of the incompetence is outstanding, 10 phone calls over the last two weeks and only 1 got the information halfway right... i know that there are changes, but come on the wording used has to be the same and the same meaning applied...

 

mind saying that .. how many JCP staff does it take to get ATOS's phone number?

 

 

in my case 5 and even then I was given the wrong one I had to call the benefits helpline

[speedfreek]

Well I know less about that than this.

 

Others will be alone to help so do some reading until then.

 

Time for me to prepare for counseling.

[bs0lth]

Speedfreek you have been a great help, I followed the link to Newcastle council, and its made interesting reading, pity Im not in newcastle, I searched my councils website for similar information but nope nothing there.

 

Hope your counseling goes well...

 

I am learning.... fast.....

[Guest]

Well you have done the best thing I think in writing to both, councillor and MP. Covers all angles lol. And they will have to reply to them, who in return will then contact you with the details they have been given. Interesting to see what happens. Whatever happens I think you will have shown what a shambles of a system this is that allows this situation to occur. Seriously, none of us would knowingly put ourselves in this position of having no money due to just not attending for no reason, or ignoring the letter, or saying we didn't get it. Too many people are not receiving these letters, its not just a one off rarity, that is either due to complete incompetence or dodgy methods........Good for you and I hope they get a kick up the jacksi as they say lol

[bs0lth]

Hi Ruby_Tuesday

 

I just do not know what to do anymore, the lady I talked to this morning was really nice, I understand that they have systems in place, I understand that they have rules. I understand that I have to attend these meetings, medicals or appointments. Any sane person would not ignore a medical, not when there is so much at stake by ignoring them. Speedfreek gave me a good link this morning, reading it, its says that if the DWP are aware of mental illness then they should try at least twice to get the information from you before stopping benefits... erm that did not happen.

 

I cant take any credit for thinking about my MP this was my local councilors idea, he forwarded on my email to him to get them involved as he realised that I was going to need more help that he could give so hopefully all of us working together might be able to do something.

 

What has driven me nuts is all they say parrot fashion is that you failed to turn up for a medical...

 

not one of them has taken on board that i cant turn up for something I know nothing at all about... I am not psychic, mind you I often think they think I am.

 

I have also written to ICE which investigates mis information etc by the DWP or JCP I have received an email back this morning asking for further information and they said that if they can not help at this stage then they can give me information on what I need to do next so that they can get involved.

 

I really cant find where you can make an official complaint, maybe today I will find it..

 

but need to get on with other stuff first

[Guest]

ministers@dwp.....top of the tree.

[bs0lth]

ministers@dwp.....top of the tree.

 

but if you shake the tree you only get monkeys falling out

[bs0lth]

:lol:or nuts:lol:

[bs0lth]

I have just had the nice lady from the appeals section phone me back again. She wanted to make sure that the decision maker from ESA had called me as she had requested. She was very supprised to hear that they had not and she was going to talk to them and make an official overdue request to get them to call me in the next hour...

 

I also downloaded an app for my phone, it automatically records calls as soon as they are answered, and this call has been recorded so I now have a record of exactly what she said.

 

What she has just said is even though I have a valid appeal logged with them, I can talk to the decision maker and ask them to have another look at the reasons for not attending. She suggested that I go through all of my concerns first then ask them to relook at the decision, they can actually over turn the decision if they think it has not been handled right... then all they need to do is tell the appeals dept that they have over turned their decision based on further information....

 

ha so keep your fingers crossed about this, I might just be able to get it sorted...

 

not holding out hope though....

[Guest]

Good luck and great about the app....I didn't know such things existed lol but then I live in a simple world.

 

I think the monkeys and their nuts have long ago fell out of the tree lol .......