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Roz111

ESA roller coaster starts again!!!.

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Hi all

I haven't posted for a while but after what I received this morning I thought I would let off a bit of steam here.

 

It was only in February after 8 long months of waiting I eventually won my ESA appeal and was placed in the support group

what a huge sigh of relief it was after struggling on assessment rate all this time,

 

unfortunately it wasn't the end and due to all the backlog in ESA appeals and back pays it took 2 months for my back pay and correct ESA support rate to be paid.

 

Which brings me to this morning

 

unfortunately it wasn't christmas cards that dropped through my door,

but a letter from ATOS and the dreaded ESA50 form:frusty::

 

.Despite the fact I am in the support group and was not due to be assessed for at least 12 months today it arrived.

 

When i should be looking forward to christmas with my 3 sons this is all i can think of now and the 16thjan 2013 when it needs to be back by.

 

the thought of another year going through this is torture but what can I do my illness prevents me from working so i am at there mercy.

 

So begins collecting all my evidence AGAIN and sleepless nights worrying about the medical and how I'm going to cope with it all......

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Hello there.

 

I'll move your thread to the benefits forum because you may not have replies in the Welcome forum.

 

My best, HB


Illegitimi non carborundum

 

 

 

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The ESA50 lands on the month approx 3 months before an assessment is due. That gives ATOS time to decide whether you need a face to face or not. So this is in their normal time scale.

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:Roz111:

 

Commiserations. Be our guest to :yell: as much as you like.

 

In Shato speak (for you) it's twelve months before the next assessment, that's to say, an ESA50 returned in January for them to assess you in February. (Subject to their appalling backlogs.)

 

If you've an ongoing condition and you asked for the full statement of reasons as to why your appeal was upheld, include a copy with the ESA50. Even if you've only the short decision notice, it can be useful evidence.

 

Sincerely, Margaret. :panda:

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Thanks so much starry eyes.I have been looking every where for my decision notice from the tribunal but as I am so frustrated I can't find it any where I keep all documents in the same place but this is the only document I can't find.phoned tribunal service for a copy but they said they only hold document for 6 month then there destroyed.He advised to ask DWP for a copy don't know how forth coming they will be though......

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:Roz111:

 

On the basis of nothing ventured, nothing gained, this is defo worth trying a subject access request to Jobcentreplus. Especially as they don't charge. Written request to your benefit delivery centre. (Address will be on the last letter you received from them.) Theory is a response within forty days. Last one I requested took sixty-two days! But, anything useful could beat the Shatos backlog. :-)

 

Good luck, Margaret.

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Oh this is so frustrating for you :-(. Merry christmas from them eh? Its the same with most letters they send as i always get them on a sat when there closed so cant speak to them. Good luck and i hope you don't need to go through all the appeals etc again.

 

Can i ask what that statement thing is though? Is it worth having? I have decision letter only. Thanks

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I really genuinely feel for you. I, like many on here, know only too well the stress this brings. I won my tribunal appeal in April and was put into support group.

 

A few months later, the dreaded ESA50 drops through the letter box. I returned it October 17th and am still waiting to hear if I have to go through the sham that is the WCA.

 

It's a great day when I see the postman walk straight on past my house. I dread every brown envelope that comes through the door. Will no doubt turn up a few days before Xmas, just for good measure.

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:anna15:

 

The full statement of reasons following an employment n support tribunal is, as the name suggests, a written statement from the judge (or more likely a tribunal clerk) of the reasons for the panel's decision.

 

Should you want the full statement of reasons for your decision, you need to apply to the Tribunals Service, in writing, within one month of the date of the decision. There's no charge. Dependent upon one's condition, a tribunal decision and the reasons for it can be useful evidence for the claimant next time Shatos come a calling. :biggrin:

 

Sincerely, Margaret.

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Margaret thank you very much. I am going to request that as i have dla appeal soon too and perhaps all this info may come in handy.

 

Thanks

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The ESA decision and statement of reasons would only be relevant to DLA if the medical and DLA form was filled in around the same time.

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Thanks nystagmite. They were filled in within 5 weeks of each other.

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The Tribunal make a recommendation as to the length of award before reassessment, but this is only a recommendation and the DWP can and do, do what they like. It's not uncommon for them to start the assessment process off again straight away once they hear of the Tribunal's decision to overturn their 0 points etc. and that is the most annoying scenario because it feels vindictive.

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I really genuinely feel for you. I, like many on here, know only too well the stress this brings. I won my tribunal appeal in April and was put into support group.

 

A few months later, the dreaded ESA50 drops through the letter box. I returned it October 17th and am still waiting to hear if I have to go through the sham that is the WCA.

 

It's a great day when I see the postman walk straight on past my house. I dread every brown envelope that comes through the door. Will no doubt turn up a few days before Xmas, just for good measure.

 

My sentiments exactly really thought I would have 12 mths at least breathing space but alas not the case.Even quicker in your case hun Im sorry to hear.In this case it wasn't a BROWN envelope arrive but a WHITE one when I saw ATOS on the back my heart sunk.I have until 16th jan to reply have a doctors appointment on the 3rd so will request a letter from her then.Only wish I could find my tribunal notification ARRRRRR.Will get in touch with my Welfare rights rep after christmas he was invaluable last time so hopefully he can help me again,but what with all the government cuts I'm concerned he will no longer be in a position to help.Have decided for my own sanity to not look at it till after Christmas and try to enjoy the festivities with my family.Cos it looks like the New year is going to begin very stressful......

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I can only say I fully sympathise with everyone who is facing reassesment. I do understand that ATOS send the forms out early but really it is not helpful due to the stress it brings when your should be focusing on your health rather that panicking about losing your benefits and then the stress of either fighting the decison or trying to find work which for people with even mild disabilities is almost impossible at present.

 

When I was last reassesed (new ESA50 only 2 months after being placed in the support group) I was sick with worry for over three months, I couldn't sleep and if I did I suffered nightmares and my health got worse. I really the times between reassesments is way to short as given the waiting lists for the NHS you can end up being reassessed before you even see the specialist your waiting on seeing. They need to give people a reasonable amount of time to improve, they need to recognise those who will never get better and people need to be sure that their WCA is fair and not just a device to remove your benefits.

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I just got my form today, a little ****ed off to say the least as i thought it wouldn't be due for at least another few months.

 

I was put in the support group in September (which was back dated to April, i think) and thought that would be it for a while. After calling DWP they told me that i would not need to send any sick notes in and should receive a form around March or April this year. When i called them this morning that said my review was due 2/01/13 and i should get the form back to them by the end of January.

 

My condition has not changed and frightened that they will stop my money as this is the only income i have.

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