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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. 
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Problems after I lost my ESA appeal, please help


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Its woth appealing.

 

But be warned. Atos doctors somtimes sit on the panel to decide if ur appeal is upheld or not.

 

I had my appeal heard today. It was dismissed and my benefits have been stopped. It turns out the judge was e representivve of atos and a very good friend of the doctor who did my assement. He refused to even listen to me or accept medical evidence i had to prove i could not work. Ive also been turned down for JSA on the grounds im not fit for work.

 

It was JSA that put me onto income support in the 1st place after they gave me a 6 week assement. I had to stay at their centre for 6 weeks for a thourough test. They checked loads of stuff with a doctor their to keep an eye on me.

 

I had to do loads of work related test over the 6 weeks and put into a work enviroment to see how i coped. I passed out every day after an hour or so of working and spent a few days recovering before i could do anymore tests.

 

But ESA r refusing to accept that report only the one done by atos. From the paperwork i got from them. U r only unfit for work if ur terminally ill with less than 6 months to live. If u have 7 months to live then u dont qualify for ESA as u can still work till u die.

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The assment is not always done correctly. Mine was not.

 

I got their in a state of panic due to suffering from Agrophobia. I was taken into the office told to sit down. I was asked how i got their.

 

Then i was told to stand up and put my hands up as high as i could then told the assesment was over. That was it.

 

But on the report she said she gave me an eye test and didnt need corrective lenses. But i have prescrition glasses. She says i could squat without any trouble. But she never asked me to squat or she would of seen i cant bend my knees. She claims i could reach to just below my knees when i try to touch my toes. Again i was never asked to do that or she would of seen i cant even bend enough to reach halfway down my thighs.

 

The work aeesemntsa r a joke. The criteia they go on is u need to be terminlly ill with less than 6 months to live to qualify for ESA. It states that on a letter i got from them.

 

To top it off the ppl on the bench during my appeal hearing today also work for ATOS. So its not independe like it was supposed to be. They wnt into a lot speel about being independant of the DWP but also stated that ATOS doctors sit on the appeal panel.

 

The judge on my appeal also stated he was very good friends with the doctor who did my assement. So it was a very bias appeal and i didnt stand a chance.

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My appeal was a total joke. i knew within a few mins of arriving that it would be dismissed.

 

the judge was a very good friend of the ATOS doc who did my assement. And the dr on the panel works for ATOS.

 

They refused to accpept any evidence i had tp prove that i was not given the assements that was claimed in the ATOS report. The judge made it clear as sooon as i walked in that he knew the dr who did my assement.

 

He stated that she usually sits on the appeal panel with him. So much for an independant tribuneral. They were not interested in anything i had to say. They didnt even let me go over the report with them to point out what was or was not done during my assement.

 

The assement itself was a farce. I was in the loo being sick when i got their as i was having a major panic attack. But the dr said i didnt have any mental health issues and i was perfectly fine during the 26 min assement. She claims she called my name when she didnt as she was outside the loo when i came out and she just said follow me.

 

When in the office she told me to sit. She asked how i got their. Then told to stand and take my coat off. Then raise my right hand over my head then my left. Then she said all done i can go.

 

But her report says she did an eye test as well as a few other things that she didnt do. I tried to tell the judge but was told to shut up as she is a very good friend of his and wont have anything bad said against her. That was after all the speel about it being independant of the DWP and ATOS.

 

So why r ATOS ppl sitting on the appeal panel if its indepenant? I think they changed the appeal system cause to many were winning.

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Finaly got through to JSA after waiting for hrs on hold.

 

Just to be told i cant claim JSA cause im not fit for work just hrs after my appeal was dimissed.

 

ESA r refusing to pay me on the grounds im fit work. So why is JSA refusing to pay me on the grounds im unfit for work. They both have differnet ideas on who is fit and who isnt.

 

I asked what other benefits i can claim and they refused to even talk to me about it. JSA just tyell me to ring ESA. ESA tell me to ring JSA.

 

My support worker has diseapered so cant get any help from him. He didnt even bother to show up at the appeal. He isnt ansering his phone or replying to email.

 

I tried SARC as i was advised to but they wont help either. All they said was to claim JSA. So all ive got to live on now is my DLA of £82 a month. £24 of that goes to top up my rent after my housing benefit was cut.

 

If i could work i would. I hate being stuck indoors. I want to work but cant. I even tried voluntry work but couldnt even do that without major panic attacks and taking loads of painkillers. I lasted half an hr before i was passed out on the floor.

 

Im going to get kicked out of my home cause i cant afford to pay the £30 a month for electric to the landlord. Im already in arrears cause i havnt had the money to pay him since Jan cause thats when my ESA got stopped and put onto EESA during the appeal process. But that stops as of today and i have to pay back any money that was paid after today which is 5 days worth.

 

I can see a coffin or a prison cell in my near future. I cant handle life much longer. I cant sleep rough cause of agrophobia. I will be in consatnt state of panic and end up killing myself just to be free of it. The other alternitive is to do something to get me put in prison.

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No. I cant apply again. I have to wait 6 months from today as thats when the appeal was turned down. Or at least thats what i was told on the phone today when i tried to put in another claim. All they told me i can do is clain JSA. They then put me through to them. But JSA turned me down as well saying im not fit for work as i have a current sick note. therefore i can only claim ESA and they then passed me back to ESA.

 

I didnt even bother to wait for them to answer as i was in to much disdress. I was also tld i have to make a claim for JSA through the website as they no longer accept claims via the phone or jobcentre. But the website states that if u have recieved an ESA payment within the last 30 days u cant use the web form and have to ring.. I got my last EESA payment just over a week ago. Not sure if EESA is the same as ESA. Ive never had ESA as i was on income support with the disabilty bit added. I was on IB for about 10 years. But that got stopped about 10yrs ago after an assement and i lost the appeal then as well. I was turned down for other benefits that time as well. I was a bit healthier than and did manage to get a job which i held for 3 yrs before collapsing and advised by a dr not to work again as my health can not stand up to working for more than 1 hr a day.

 

That was 6 yrs ago and i claimed JSA again only for them to turn me down and i got put on income support. Their is no way i can get a job this time round. My health has gone downhill to fast. I find it hard enough just to get out of bed. I cant have a bath as i cant get out again. Last time i tried to have a bath i was stuck for 3 days. I dont have a shower so its hard for me to keep clean. I live on bread and cheese as it is cause i cant stand up long enough to cook. Im to weak to even do housework let alone get a job.

 

I did try some volunrty work to see if i could get a proper job but i collapsed and was taken to hospital after half an hr. And all that was, was walking a dog for a disabled person who couldnt do it themselves. My last job was a taxi driver. So could work the hrs i wanted as i was self employed. But i kept getting dizzy and passing out. So for my safety and other road users i gave up driving and hence my job was also gone.

 

I cant even bend my back enough to get in a car noe let alone drive. I cant use busses as i cant sit in the seats and my legs cant handle the bumps if i stand. So i have to walk everywhere. Im exusted just getting down the stairs to go anywhere. My appeal was turned down simply cause i walked to the courts. But as i dont live on a bus route and the court is only a 15 min walk for a normal walking speed but an hr for me it was easier for me to walk it. If i got the bus i would had to walk for 20 mins to get the bus stop then anther 30 min walk after i got off the bus. So they decided if i can walk that far i must be fit for work. But during cold weather i cant even go outside the front door before i cant breath.

 

I think i have a lung problem. Cause when ever the temp drops below 10c i have a lot of trouble breathing. Ive been that way all my life. If i could find a job working from home so i could work when i could i would be happy to do it. I even told the job centre i could work from home but they said no to that as it would cost to much money to train me. But i dont know what sort of jobs i could do from home. The few ive found hunting round the net all want a big down payment for the training. With no garuntee of a job at the end of it. They all sound like [problem]s to me.

 

I want to work. Im bored just sitting around all day with nothing to do and no one to talk too. I got a letter from a clinic who is willing to help me with pain mangement but its 10 miles away and i cant get their. My GP recomended it. They also will help with my agrophbia and socialphobie by doing counseling sessions with me. But as my support worker has vanished i cant ask him to take me their. I dont know anyone esle to ask who has a car. But even then i cant get in a normal car as i cant bend and twist enough to get in let alone out again. So it woul have to be something like a range rover type or a van. As the only ppl i know all live in the same house as me and they r all disabled and dont have cars and most r housebound i cant even think about asking them.

 

None of the local counsilling serves will take me unless i pay. Cause they only give free help to drug addicts and alcholics. The only NHS service is the 1 10 miles away. I know i need help but i cant get it. Plus my fear of ppl makes it very hard for me to get the help i need. Even my dr cant get near me to examine me without me having a panic attack. The dr at the assement didnt come near me. She stood on the opposite side of the room all the time. But even then i was in a state of panic. Just being in the same room as someone else is very hard for me. Working with others will cause me to pass out. Its happened in every job ive had. I even had to go to a special school with only 5 kids per class to try to give me an education. But even that was to much for me most of the time. So ended up in a bording school with my own room and the teacher would bring the school work to me in my room so i wouldnt have to mix with the other kids. I put that down to my foster mum refusing to let me play with other kids when i was little. She would beat the crap out of me if she saw anyone talk to me. As a result i cant go anywhere where their r other ppl around.

 

It got made worse when i was in the army. I got gang raped every night. The army quickly found out i couldnt work with others as part of a team. So they gave me my own room and put me on regimental police so i could work on my own. Not a good choice though as i was to shy and timid to arrest anyone. I was happy just walking round the camp at night looking for holes in the fence. But if i saw anyone doing something they shouldnt i would walk away cause i was to scared to aproach them. I still cant figure out why i was put in a special forces unit with my problems. Maybe cause the unarmed combat instrutores during basic traing could never put me down or that i was super fit and could run faster and further than anyone else.

 

The battle fitness test was done every 6 months and i was always 1st to complete it. We had a time limit of 8 mins to run a mile in full combat gear. I always did it in less than 5 mins. My fastest time was 4 mins 10 secs. I did a marathon in under 2hrs when i was 15. But it was cause i was too scared to run with everyone else. So i sprinted the 1st few miles to get as far ahaead as i could lol. I was picked for olympic training cause i was so fast. But as soon as i saw ppl watching me i just froze up and passed out.

 

I used to run everywhere as fast as i could cause i was too scared of other ppl. I cant get GF cause im tooo scared to go anywhere to meet girls. The few times ive had a GF i couldnt relax and had to sleep in a diff room than them. I was too scared to even put my arms round them for a cuddle even though i needed a cuddle real bad. I cant even talk to someone on the phone without panicking. The only way i can talk to ppl is online. But even then i cant make the 1st contact. I have to wait for someone to start talking to me 1st. I panic at job interviews so usually end up not getting the job. But its getting worse as i get older due to not having any contact with ppl. Ive been isolated so long i dont know if i could cope with having a friend. I havnt had a friend to chat to in the real world for about 6 yrs now. Even then i tended to sit in a corner trying not to be noticed. Its driving me crazy.

 

Now to top it off my benefits have been stopped and i just dont know how to deal with it. I need help to contact the DWP to get something sorted out cause i panic too much when im on the phone to them. I get confused and cant think of what to say. I get tongue tied and cant get the words out. Its making my depression get really bad. I had to throw away all my pain killers cause im getting scared ill take all them. My dr should never of given me 6 motns woth as she knows ive got a nasty habit of taking an overdose.

 

The only thing keeping me going now is the thought that my son will come looking for me when he is old enough. He is 6 now and i havnt seen him since he was 6 months old cause his mum refuses to let me see him. Im to scared to go to court to get access cause she said she will kill him rather than let me see him. Plus being in a court room full of ppl would cause me to have a major panic attack. Its the reason she wont let me see him. She feels that my depression and panic attacks will put him in danger. But she knows i would never harm him. I was always happy when i was with him. Didnt have a clue on how to bath him or change his nappy cause she wouldnt show me. But i loved holding him and playing with him. But when he was 5 months old she decided that i could visit him but not hold him. All i was allowed to do was watch him in his chair. I wasnt allowed to talk to him or sooth him when he cried. But then her 3 other kids had a go at her for the way she was treating me. They loved me and called me dad. They all said they would rather come and live with me than stay with her. So thats when she banned me from seeing my son ever again. Her daughter who was 13 at the time sent me a msg on facebook and told me how much she missed having me around.

 

The next thing i knew was the older boy who was 20 told me his mum found out his sister contacted me and she got thrown down the stairs and had a broken arm for contacting me. I was just starting to get over my fear of ppl. But that just made my fear even worse. Now i dont trust anyone at all. My family used to be all over me when i was working cause i was earning a lot of money. But as soon as i could no longer work and help them out by paying their bills or lending them money they turned their backs on me and dont want anything more to do with me. Their all scroungers so im better of away from them. They have all done benfit fraud and got away with. My bro has been claiming IB for years and working full time. He even got a mobilty car out of them. But not me. i was lucky to get JSA let alone anything else.

 

My older sis and i r the only ones disabled in the family. She has brain damage due to child abuse and im disabled due to child abuse. But were the only ones who cant get any ESA or IB. They sufferd child abuse as well but only mental abuse. Me and my sis got physical abuse as well. They r all capable of work as they all work on the side. My little sis was getting over £300 a week in benefits and working. Me i was lucky if i could get £50 a week.

 

I went by the book. If i worked i told them and the money i earned was stopped out of my benefit. I did agency work for a few years. So i was fully legal as i reported all work i did. Yet others can break the law and get away with it. I reported tham several times but nothing was done. instead they stopped my money. Its ppl like that who r costing those of us who r disabled and cant work money. Were getting r money stopped while they carry on getting theirs. They know how to manipuate the system to get what they want. But the vulnerable ppl like me dont know how to work the system and end up being thrown away. Sorry for the rant. But im so depressed im just trying to find an outlet.

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rocker, you've got one or two things wrong if you don't mind me saying...

The dying within six months thingy is simply special rules for those, well, dying within six months. Everyone else who's ill goes through the ESA system. Once you have been told you failed the ESA assessment, you have one month to appeal. I assume that time is now gone by. You can reapply for ESA as a new claim 6 months from the date you failed the assessment. Not the Tribunal. Or you can reapply at any time if your condition has worsened. SO get on and apply. Next time you fail, appeal and keep sending in sick notes. You'll then keep getting paid the assessment rate.

So, whatever you do make sure you phone up and apply for ESA ...

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I have been on the phone to ESA to make a new claim as im still signed off sick. But they said i have to wait 6 months before i can claim again. Iwas notified i failed the assement in jan. So i should be able to claim again now as its been almost 6 months. But they say i cant claim for 6 months after the appeal was dimissed. I know their wrong cause i have a letter saying its 6 months from the assemnt not the appeal. But they said on the phone its 6 months from the appeal date. They passed me onto JSA and told me claim that. But JSA said no cause im not fit for work as im signed off sick. I cant even get emergency payments. Ive been paid up till monday. But have been told i have to pay that back as im no longer eligable for it. Ive only got 4 slices of bread left and some cheese. Once thats gone i wont have any food to eat. I have to eat cause i have a kidney problem. I have to eat to be able to take my pills as they have to taken with food. Ive already had to throw away my pain killers cause im scared i will take an overdose. The £30 a week i was losing while my appeal was going through has meant i havnt been able to pay my landlord the bill money i have to pay him each month. He was willing to let it go while the appesl was going through cause if i won my money would be backdated so i could pay him. But as soon as he finds out i lost i run the risk of getting evicted.

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I am not sure if I have missed this in what you have said but have you ever tried claiming DLA? You clearly have difficulties with many activities of daily living if you cannot cook a meal or take a bath....

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You can certainly claim now, rocker60. As long as your GP supplies you with sick notes there should be no problem. I don't know who you've called and I am no expert. But I would first of all call the DWP BDC that handles my claim. This is on the letters you get from the DWP re ESA. In my case it is Chippenham BDC. They should agree with you and put you through to the new claims people - the new claims people do occassionally get it wrong! but persevere, you are entitled to it - if no joy, call the BDC again and ask to speak to a Manager, you may need to wait for them to call you back. Explain your position honestly, fully and politely and you should get help. Also enquire about a hardship payment. Sorry I can't do more for you ...

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And I would like to suggest that you print out the long post on here. Take it or send it to your GP and ask them to read it. You've poured your heart out to us, and manyof us on here can understand how you feel. We can help with the ESA/appeal/JSA, but, it is your GP who will help you the most with the illnesses. Once they have the full story of how you really are - because I'm betting you've never been able to tell a GP all of that in one go have you? I always suggest this to people who are worried about speaking to people - write it down - your GP will not mind.

 

I also noticed at my surgery the other day, that two of the 7 GP's are interested in mentalhealth problems. How about asking if you can see the GP in your own practice who specialises in this area? (Hopefully one of them will).

 

Good luck, keep posting, it WILL all come out in the wash. Take one day at a time. But please, keep yourself on here so we all know you are ok. XXXXX

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Ive got a support worker again now. They just rang me to say the rules have been changed about the wait before u can claim ESA again. Its now 6 months from the appeal decision not from the original decision date. So now u have no chioce but to claim JSA for 6 months before u can claim ESA again. My support worker is going to help me put in a claim for JSA tommorow and he has organised a food parcel to help me out till i can get JSA. My GP is off on maternity leave now and she is the only 1 at my pratice autherised to deal with me. Her locum is not allowed to help me with my current problem. He couldnt even give me the medical proof i needed for the appeal. My GP went off sick in Jan came back for a few days in april then went off on maternity leave for 6 months.

For anyone else having problems search for 2saints online and see if they work in ur area. If u find their web site use the online form and they will help u anyway they can. If they cant help themselves they will contact someone in ur area who can help. Thats what they did for me. If ur at risk of being made homeless they will step in to try and keep a roof over ur head as they mainly deal with homeless ppl and those at risk of being homeless. I only contacted them cause i didnt know who esle to turn too. I was homeless before and it was them who helped me then. But as im classed as vulnerable and also at risk of loosing my home they r doing everything they can to help me again.

The food parcel will arrive on friday and its food for 4 weeks. But they said its only basic stuff like tins and pasta. They dont do bread butter milk and stuff like that.

From what i remember from last time its food ppl have donated. But i also remember i couldnt eat most of the food as i hate pasta and meat which is what most of it is. But its better than no food at all.

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The rules haven't been changed

 

Search for 42484 in this document which has the following example

 

http://www.dwp.gov.uk/docs/v08-am10.pdf Decision Makers Guide Vol 8 Amendment 10 February 2012

 

42484 The condition in DMG 42203 about not being treated as having LCW within six months of a determination that the claimant does not have LCW only applies to a determination made following application of the WCA, or where the claimant is treated as not having LCW for a failure to return the questionnaire or attend for medical examination. It does not apply to a determination that the claimant is treated as not having LCW as in DMG 42480 - 42482.

 

Example 2

Amy’s award of ESA is disallowed from 7.7.10 after application of the WCA. She becomes entitled to ESA from 7.7.10 after making an appeal against the disallowance. Her appeal is dismissed on 15.12.10, and the DM treats her as not having LCW from 5.1.11. Amy makes a further claim for ESA on 10.1.11. This is more than six months after the previous determination that she did not have LCW following application of the WCA. Amy is treated as having LCW pending application of the WCA.

 

42485 Where

1. the claimant is

1.1 found to have LCW following application of the WCA (see DMG 42472) or

1.2. treated as having LCW (see DMG 42473) and

2. the appeal is withdrawn, struck out or dismissed (see DMG 42480)

the claimant is not treated as not having LCW as in DMG 42480 - 42482. Entitlement to ESA is not affected by the outcome of the FtT appeal.

 

Or in other words a new claim for ESA after 6 months from the original decision is payable at assessment rate. The tribunal/appeal decision does not restart the 6 month count down and is ignored for the purposes of determining when the 6 months starts and ends.

 

If the 6 month rule had changed I'd have expected to see a lot of chatter about it as it's a pretty big/fundamental change to ESA. Unless anybody knows any different then the above stands.

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Im not sure when it changed. I was told yesterday by a my new support worker who asked a specialised to check when i can claim again. I was told the rules changed in order to stop ppl claiming to soon after the eppeal was dismissed. I was also told the same thing when i tried to put in another claim for ESA. But as its less than 6 months since the original deciosion i have to wait anyway. I will know more when my support worker rings on my behalf tommorow. But i can only claim JSA not ESA. But JSA will be a problem as i will have to go the the jobcentre to sign on. But getting to the jobcemtre is a problem as its beyond the distance i can travel and i panic and pass out when im there do to too my fear of of ppl. I was allowed to sign on by post last time cause my DEA saw how much trouble i was having. But dont know if they will do that again this time. If the ESA does go from the decision date i still have 2 weeks to wait before i can claim again. But when i rang ESA they said its 6 montys from the appeal date not the original decision. My support worker thought it was from the decision as well but after checking was told its from the appeal date. Thats when the countdown now starts or so ive been told. My condition is getting worse all the time. But it has not been diagnosed by a doctor as everytime they get close to working out whats wrong they stop looking into it without any reason. I was aked why i want to know. I said its so i know what to expect and what effect it will have on me being able to work. I was told that reason was not good enough and they would not carry on looking into the problem or look for a treatment. I was originally told it was ankilosing sponditis. But the blood tests said it wasnt. The LCW Dr has put that i have thoracic kyphoscoliosis with some loss of lumber lordosis. How she disgnosed that i dont know cause she never examined me. But after looking them both up online i see they r both very simular. Their is a treatment for them but in involves a major operation on the spine that in some cases leaves the patient paralysed as it involves removing bits of spine and replacing them with new bits or pinning the bits of spine together. All ive been told by a specialised is that my spine is twisted and bent in the wrong places therfore i have restricted movement and i walk slightly sideways putting a lot of pressure on my knee joints which often collapse and pop out of place. I could of been born like it or it could of happened when i was a baby due to child abuse. From what little i got out of my foster mum it was the latter. Plus ive had several family members tell me my older sis and i was abused as babies by r mum. Probably why i was born in prison as my mum was in for child abuse on my older sis. Cant think why social servises allowed her to keep me when she got out of prison as she went on and abused me and my younger sisters. Maybe thats why my medical and social services records have been sealed so i cant see them. It also means i cant get the correct diagnosis or the correct treatment. It also explains why only my GP is allowed acces to my medical records and no other Dr at my surgery is allowed access to them. There r about 10 Dr,s at my surgery which i can see at any time for minor stuff. But when it comes to getting treatment only my own GP can autherise it and she is off for the next 6 months and has been off for 5 months already. So it wont be till late this year before i can see her again to try and get the medical evidence i need to prove im getting worse. She was going to give me the evidence i needed for my appeal when i last saw her in jan. But then she went off sick. Think she had a baby as she is now on materity leave till the end of the yr. I asked all the other Dr,s at my surgery but they all said only my GP can do it. I did have a full WCa done about 10 yrs ago by the jobcentre. That involved me staying at 1 of their centres for 6 weeks. They determined from that, that i was not capable of working for more than 2 hrs a day That test involved work related tests as well as how i coped outside work in a social envorment and how i coped around my home. After that i was signed off work permantly as they said my condition will only get worse. But the DWP has decided not to recognise that report as its to old. But a yr after that i had a another assement done like the ATOS 1 where they decided i was fit for work and had no disabilities at all. Now their doing the same again How can a 5 min assement override a real assement done by ppl trained to carry it out with real Dr,s onsite 24/7 for 6 weeks? Durung the long assement i was always getting rushed to hospital after i collapsed. Not just during the work test either. i colapesed during social times and at meal times as we all had to eat in a large dinning room. In the work test i was put in a work situation with others doing the test. I would always pass out after 2 hrs due to stress of being around others. There were only 10 ppl working on the same place as me. They moved me to a diff area so i could work on my own. But every time the supervisor came to check on me i would pass out. Thats how bad my fear of ppl is. if im left on my own i can work. I tried therapy which worked for awhile and i managed to get a job as a taxi driver for 3 years. But after a passenger pulled a knife on me and someone else pulled me out of my car and beat the crap out of me it put me right back to the start and has made me even worse. I was just starting to get over that when my housemates in the last place i lived started breaking into my room and threatening me cause they wanted money and food to feed their drug and booxe habbits. Im now to scared to even open my door let alone go to the shop. But im forced to go out to get things i need and im in a constant state of panic. I start to panic just thinking about having to go out. It took me an hr to get to the WCA cause i was constantly vommiting and not able to breath. It should of only taken 15 to 20 mins to get their according to the report. The dr could see how much of a panic i was in and stayed as far away from me as she could. But she failed to put that in her report. When she came close to help me stand up cause my spine locked up after i was sitting for a few mins i nearly passed out and she had to move away again. Again she failed to put that in her report.

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  • 2 weeks later...

I had it confirmed today by several indepenent benfit advosors that they have changed reclaiming ESA too 6 months from the appeal decison date. I was told the DWP was getting fed up with ppl reclaiming ESA as soon as the appeal was dismissed as most appeals take about 6 months to go through. Apparanty it got changed a few weeks ago. But i Hve found a nice person at JSA who is going to let me claim JSA till i can put another claim in for ESA. But he said he shouldnt do it as its quite clear from my benefit records im not fit for work and he is going to lie on the JSA form to make sure i get it lol. He is also giving me a disability employment advisor who is better trained to help ppl who r too sick to work but forced to get JSA. But i will still have to wait upto 2 weeks for them to decide if i can get JSA or not. But i am getting food parcels from a local food bank to help me out till then. But they can only give me food for a max of 4 weeks. 2 saints r also going to get me a new support worker and a carer to help me. So im finally getting the help i need. Im just hoping i get A JSA payment before my next brighthouse payment is due. Dont think i could handle geting 1 of their nasty calls ive read about on here lol.

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I am not sure about anyone else but I am finding it hard to accept that the laws and rules mean that people fall between the cracks...too well for ESA and too ill for JSA.

 

Don't get me wrong, I mean accept not believe unfortunately...

:x

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I think it's ridiculous. Common sense should be applied here. Unless you have an IS entitlement, what are you meant to live on? You can only get so many crisis loans.

 

Since when did anything show evidence of Common Sense in the benefits system? I think it has been banned I believe! :lol:

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I had it confirmed today by several indepenent benfit advosors that they have changed reclaiming ESA too 6 months from the appeal decison date. I was told the DWP was getting fed up with ppl reclaiming ESA as soon as the appeal was dismissed as most appeals take about 6 months to go through. Apparanty it got changed a few weeks ago. ...

 

With respect, rocker, perhaps you'd be kind enough to ask these 'independent benefit advisors' to give you a link to the DWP ESA guidelines that include this change? They may find it a bit difficult ...

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I wouldnt brush him off as it wouldnt surprise me one bit of this change was implemented.

 

I think to me its obvious there will be people declared fully fit by the ESA test and then are not well enough to satisfy JSA requirements and as such have no income (claiming DLA is not available to everyone).

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