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Problems after I lost my ESA appeal, please help


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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).

 

Agreed. Also, the DWP can be slow sometimes when it comes to updating guidance that's available in the public domain (like on their website).

 

One way that should get a definitive answer would be for you (rocker60) to try making a new claim again in a few weeks' time (i.e. once the six months are up). If they refuse to let you make a new claim, insist that they tell you which part of the law gives them the power to refuse you, or which rule or regulation they are adhering to.

 

It's also worth pointing out that it is the Secretary of State that has the authority to decide whether or not someone is entitled to make a claim to benefit, not the telephony operative that takes the call. They are not decision makers. It's always wise to politely request a call back from a team leader if you're unfortunate enough to get someone who won't budge or is being otherwise unhelpful.

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Nobodies brushing anyone off, worried33. Post #15 has a link to the official ESA DM policy, last updated Feb 2012. IF this has changed then we need to confirm official policy. The OP is offering anecdotal evidence that this is not only the case but that it has been implemented to their detriment. As this is such a fundemental issue with widespread effect then it needs to be verified or dismissed as rumour ...

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You misunderstand, worried. What I am saying is that is the last updated document, not that it verifies anything. However, I admire your belief in the speed with which bureaucracy can operate ... :razz:

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This is only my opinion and I mean no malice in any way:

 

I am very sorry to admit that I have not read absolutely everything that you have written Rocker as it is now nearly midnight and I am knackered. From what I have read though it appears that you have high anxiety and get stressed and panick at any changes or anything that is or can be percived to be negative. If this is the case then I am amazed that you have managed any conversations on the phone with DWP as I am a very relaxed person unless I am speaking to DWP. I see that you have a social or care worker of sorts and I know from my wifes past experiences that the level of help from these people can vary from the best you can get to a massive hinderance as they would rather be at home.

 

Although you struggle to go out I would recommend finding out about what you local council offer to help people with difficulties that need to fill out DWP forms (as mentioned before, the DWP phone jockeys don't have the authority to allow or dissallow your claim - they should just be there to advise what you MIGHT be entitled to claim for and send you the relevent application form or job centre appointment).In my area the CAB will help anyone with their DWP and other forms and if I was unable to get to them then I could look online for their local surgery and just to the 5 minutewalk there instead. As well as the CAB (also as meantioned previous) most

GP surgeries can point people in the right way for help and guidance, (Also with the GP,although you were offered help with physical pain, have you asked for or been offered help with the problems you have reagarding going out or coping with these stressful situations?) The suggestion of printing out this was a good one, I know when I needed help at my GP after a serious work accident I just didn't know how to put it into words - the physical pain was easy enough but everything else just seemed impossible to describe once I was in the chair. Also where I live is a benefit helpline that (although is funded by local council) offeres an unbelievale amount of help when it comes to sending you the forms you should be filling out even if there is a doubt over entitlement they will still send the form because if you don't ask you will never know. They even help with filling out the forms too - the main problem with DWP is that it doesn't matter if you are bed ridden due to only having a head and nothing else; if you don't use the right words then you don't get a bean. It would really be worth using your interent to look for what help there is in your area such as a 'benefit advice line' as you are very unlikely to get help from the DWP.

 

You are receiving the DLA and I am guessing it is Low rate Mobility from what you have written yet also from what you have written I am surprised that it is not high mobility - again this is where proper help with filling out the forms is needed - I screwed up with mine through writting what I could do if I was dosed up on painkillers and really pushed my self on a good day when I should have less ashamed and put the truth as to how s#!t it really was. Am I right in thinking that DLA can be re-assessed/applied for if the health conditions have changed or is this wrong?

 

Someone suggested a crisis loan - can anyone confirm that this process is a straight forward phonecall only affair?

 

Other than if you choose to apply for the crisis loan I would be tempted to avoid any phone calls with DWP and try to use forms printed off from the internet or through CAB or a benefits advice line. It is easy for a phone operater at the DWP to misunderstand your situation or even for them to assess your eligibility for a form depending on their mood that day but if you get the forms yourself and get help in filling them in correctly then they will get through to the right people and looked at properly.

 

A general question about ATOS check ups that might also help Rocker next time:

I have been to a few DWP medical checks at my local Job Centre a few years ago and I have been to an ATOS medical for my employer at the time however neither me or my wife have been to an ATOS medical for the DWP. In all my ATOS or DWP medicals the doctor/nurse took a statement and also wrote down their tests carried out and the results of each (i.e. couldn't lift arm above head) The thing I remember about those pages was that I had to sign them after they were read back to me at the end of the check up; is this still the procedure? If so, is there anything stopping you demanding a copy of them before you put your signature on them and then you and the doctor sign both copies? I now carry a dictaphone in my shirt pocket at DWP meetings (looks like a mobile phone though most mobiles have agood dictaphone function on them) my last DWP medical stopped my benefits but they denied to the tribunal that they ever took any notes, I won but it took a couple more months - would have been much quicker if I had those notes from the date of the check up.

 

I hope something here helps you and please don't take any offence at my presumptions.

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The thing I remember about those pages was that I had to sign them after they were read back to me at the end of the check up; is this still the procedure?

 

No, a claimant does not get to see or countersign any notes at the current WCA, everything is conducted via a computer using a tick box questionnaire, the HCP is the only person who sees what information is inputted, the claimant is not given any feedback whatever.

 

Things have changed quite a bit I'm afraid.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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No, a claimant does not get to see or countersign any notes at the current WCA, everything is conducted via a computer using a tick box questionnaire, the HCP is the only person who sees what information is inputted, the claimant is not given any feedback whatever. Things have changed quite a bit I'm afraid.

 

I suppose that way makes sense from an economy point of view but what a massive shame. Would I be right in thinking then that this information is available in full without having to go down the data protection act route? I thought I saw in another thread that you can request to have every bit of information DWP have on you without having to pay the £10 (I think) companies can charge. Though thinking about it, ATOS must have a file on Rocker so would he/she be able to request this under the data protection act for that £ charge?

 

I have seen in another thread about having medicals recorded professionally too - if this is happening now then it is something worth doing in the future if you get a chance Rocker.

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You can request the report free of charge, they send out how you were scored, what the HCP had written etc, I think they should send this info as a matter of course, but no as usual you have to ask for everything, there is another thread on here about recording assessments, no one so far is having much luck.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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As far as I recall, the DWP / ATOSH send out a short report with your scoring and brief explanation. When I have gone to Tribunal, the pack has then included the full report - dozens of repetitive computer generated pages of claptrap. I don't know if they send the full report simply on request or not. ...

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Thank you, for that info. Is there anything stopping Rocker from taking that report to their GP or a health professional to argue against it and is it possible to appeal against a tribunal ruling?

 

Is it true that ATOS have members that sit on the ruling side of the appeal table as before I thought it was just professionals in the field on the ruling side and anyone fighting for or against the appeal side sat... well.. on the appeal side of the table with you.

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im now in the same position 12 weeks on ESA benefit with a stomach hernia called in on the 29th of may by atos took with me doctors certificate valid for another two months minimum also a hospital letter stating im in for a repair operation on july 9th at 0700 in morning then obviously recovery could be upto 6 weeks after the op thought everything was fine then two weeks after check up by them recieved letter date12th june your payments for ESA have now stopped, i thought it must be a mistake so i waited to see if my payment went in on the 25th of june but nothing at all then the letters came housing no rent recieved last three weeks and council tax were is it i am in shock dwp letter your benefits have been cancelled because your circumstances have changed, im in hospital next monday for my operation how can i not qualify for esa im not fit for work but atos say i am, so what do i claim ive been threatened with eviction my bills have not been paid and ive had to borrow off family to buy food my last payment was 11th of june which is two weeks in arrears, jsa are not going to let me claim because im not fit for looking for work my ops next week then recovery i cant sign on what do i do for money,

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fattydave, I am going to move your thread to one of its own. I will leave a link here and also send you one via private message :)

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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