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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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ATOS assessment journey


estellyn
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Hi Everyone,

 

Some of you will know me as I post regularly on the benefits forum.

 

Today I received that which those of us on ESA dread - the ESA50 form. I went to open the innocent looking white envelope and noticed 'Atos healthcare' on the back and my stomach sank. Yes, even a former benefits worker dreads the prospect of the assessment process starting again. I've been on ESA for several years and have had two assessments, the first one placing me in WRAG, the second in the support group. I have yet to have to appeal for myself - but there is always a first time.

 

I thought it might be useful to some to have a thread following the process through (to appeal if necessary) - I'll put as much detail in as I can about how I approach the ESA50, Atos assessment and appeal, and any issues that arise. Like a blog, I suppose, but in a thread. I was thinking of how to make a positive out of another assessment, and thought of a blog, but felt I'd rather share with my friends here.

 

Sorry if it proves boring and unhelpful. I've never written anything like this before, so please bear with me.

 

So my initial thoughts on receiving the form were unrepeatable. But then my thoughts turned to what I'm going to need. I have no evidence at home about my conditions, so first I thought I'd contact my GP surgery for my medical records, as these would have test results and consultant letters etc. I phoned my surgery and the receptionist stated to put my request in writing, that there was no fee (though she didn't seem entirely sure, I was expecting a £10 fee) and no she couldn't tell me how long it would take - the secretary would contact me once they had my request to give me a timescale.

 

My initial aim will be to provide as much information as possible with the ESA50 (including the content of the completed ESA50) to try to not have an Atos assessment if possible. I doubt very much I'll be successful, but thought it was best to at least try. There is also the problem that the ESA50 needs to be back in a month, and I may not get the medical records before I need to send it back.

 

So today's job, is print off a letter requesting my medical records - making very sure I put in the letter what the records are for, as I don't want them to delay thinking I'm planning on complaining against a doctor.

 

Tomorrow I'll start on the ESA50 form.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi Estellyn,

 

Thanks for taking the time to do something like this.

 

I myself panicked when I received my ESA50 back in Sep. I sent it back with no medical evidence, omitted one of illnesses due to embarrassment and it didn't even occur to me to seek advice from here (or any other site) before filling it in. That was my first ever ESA50 and I've got the dreaded medical next week.

 

This thread is going to be a goldmine for people like myself.

 

I hope all goes well for you, and thanks again

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This is a GREAT idea estellyn I will certainly not find it boring and am sure others will agree. Thankyou for being prepared to take the time to do this, it will no doubt help and give support to others, helping them not to feel alone with it. I will read with interest.

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Estellyn good luck but also a word of warning.

 

It seems some descriptor changes have been sneaked in since the end of last month.

 

The rule where aids such as a wheelchair could be used to deny points now has been extended to other descriptors eg. they can pretend you have a guide dog to deny blind people points.

There is also a change to do with not allowing a mental illness to give points on physical descriptors and vice versa.

 

I will post the source link if I find it again, was posted on the rightsnet site.

 

here

 

http://www.rightsnet.org.uk/forums/viewthread/4173/

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Yes, I wish you all the luck in the world.

 

Unlike you I had over 40 pages of reports from various sources, consultants, GP, Social Services/OT, CMHT etc etc plus I was recently awarded DLA HRM & MRC + IIDB award of 40% disabled due to mental health conditions and submitted that info as well.

 

None of that made any difference though, I was still called in for an assessment after being on ESA for the past 3 years in the Support Group. The assessment resulted in 0 points and recently I was told by the DWP to claim JSA or go back to work!

 

They do seem to have tightened it up no end.

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Thanks for the support everyone! Glad the thread might be of a little use.

 

up2mears - good luck for your assessment.

 

Worried33 - yes I'm aware of the changes and will be keeping them in mind as I complete the form and attend the assessment. But thanks for the concern, I appreciate it.

 

cleaver - I do have have plenty of info about my conditions - it's just contained in my medical records, as they don't appear to send patients copies of consultant reports where I live. But I really do sympathise with you having 40 pages of medical info and still having to appeal. I suspect that the ATOS assessments are highly dependant on who you get as your assessor. I covertly recorded my last two assessments, but plan on requesting an official recording for this next one (as well as covertly recording). I hope that official recording will encourage any of the more dodgy assessors to up their game. Though saying that, the two assessors I've had so far have been very thorough, nearly an hour each assessment. But yes if things have tightened up, this time may not be easy.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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... Unlike you I had over 40 pages of reports from various sources, consultants, GP, Social Services/OT, CMHT etc etc plus I was recently awarded DLA HRM & MRC + IIDB award of 40% disabled due to mental health conditions and submitted that info as well. ...

 

That's an awful lot of supporting evidence apparently ignored ... :???:

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That's an awful lot of supporting evidence apparently ignored ... :???:

 

 

Yes my sentiments entirely!! But yes that was what was in the bundle I dumped on the assessors desk when I walked in.

 

It wouldn't put it as far as ignored, I would say that both ATOS and the DWP considered it all irrelevant!!

 

Three years worth of test results, reports, etc for all of my conditions. A lot happens in three years - equivalent to over 13 letters/reports a year covering 9 medical/mental problems.

 

Maybe I should have been more selective and concentrated on one or two of my conditions instaed. He didn't read one page of it before the assessment. I might as well not have bothered as it certainly didn't affect the assessment result.

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hey don't appear to send patients copies of consultant reports where I live.

 

Have you requested this? I asked for a letter from my ENT GP. He explained that it may contain some "medical jargon" but wasn't happy to send it. CMHT on the other hand were awkward about it and I had to write a letter to beg them to send it. Only took them 5 months to give me something.

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Can I also suggest you go see your GP if you havnt seen him/her in the past couple of months and explain about the assessment, mine likes to be kept up to date with my health and hospital stuff also a general chat about the form.

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I agree with Sparks_ that is a good idea, I have farily frequent catch up appts with my GP, it keeps him in the loop and aware of my health issues and how they affect me day to day. Also he has permission to speak to my daughter at any time about me, without me being present, if either of them are concerned in any way about me. I do believe this all helps when atos/dwp come knocking on his door.

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Thanks everyone, yes I do see my GP regularly - in fact when repping for clients it was the main reason that ESA (and dla) appeals would fail - when they hadn't seen their doctor in a long time. So good point that needs to be highlighted, if you have an illness or disability that means you may one day need to claim ESA or DLA, see your GP regularly. And once put in an ESA group, it's no good to stop seeing the GP because you no longer need 'sick notes' - when assessment time rolls around again, you'll have problems if your GP has no idea how you've been.

 

What I do when I see my GP, is that I type out exactly what my problem and query is, this way I don't forget to tell him anything. The GP seems to like this as it saves time and he keeps the typed sheet to scan onto my medical records - this way I'm not reliant on what the doc writes at each appt (I've seen clients suffer from a doc just writing a bare minimum, and not relaying all the issues the client had), and have a good history of my health issues at any point in time in my medical records.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Yes my sentiments entirely!! But yes that was what was in the bundle I dumped on the assessors desk when I walked in.

 

It wouldn't put it as far as ignored, I would say that both ATOS and the DWP considered it all irrelevant!!

 

Three years worth of test results, reports, etc for all of my conditions. A lot happens in three years - equivalent to over 13 letters/reports a year covering 9 medical/mental problems.

 

Maybe I should have been more selective and concentrated on one or two of my conditions instaed. He didn't read one page of it before the assessment. I might as well not have bothered as it certainly didn't affect the assessment result.

 

So you managed to walk in holding/carrying a bundle..

Not read all of your thread but did you go alone.

Just wondering how you managed if you did.

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Thanks everyone, yes I do see my GP regularly - in fact when repping for clients it was the main reason that ESA (and dla) appeals would fail - when they hadn't seen their doctor in a long time.

 

My counselor is private (almost 8 months low cost @ £10 a week). I have today just had to ask her if she can do a report on me if asked. She wasn't sure and need to ask the counseling co-coordinator of the place she works out of.

 

This is the same place my current GP practice has it's practice counseling contract with!

 

The coordinator is also the same lady who 4 weeks after arranging me my private counselor, called me to offer me 6 weeks NHS counseling thanks to a request by IAPT.

 

Confused hell yeah!

 

Now I'd like lines of communication set up between my GP and counselor. You'd think that would be easy eh? Erm no :lol:

 

You will also find that you can spend 6 months with a GP practice contracted counselor but except for the fact you've seen them every now n again and a couple of referral letters that are very basic. There is absolutely nothing on your patient record.

 

You have to request your GP and all NHS records once a year. Also SAR the DWP and get what they hold on you!

 

Even if it is on your patient record a GP will not understand it as the G in GP stands for General so DWP medical hand book of conditions and there effects on you..... expect the same!

 

Now all my counselors have helped me with these benefit things but they are further removed from the benefits system than GPs who as we all know ain't got a clue!

 

You have ti train them :madgrin:

 

Mine after 8 months understands the withdrawal of legal aid, the fact it takes me 12 months from the ESA50 landing on my door step to be awarded ESA. I'm now introducing the fact in 2014 DLA which pays my rent and the sessions with her will be gone as I don't qualify for PIP.

 

I leave the known universe when that ESA50 lands on my doorstep (as for most) and I've had the amazing Brixton Advice Center handling things for me. Nathan this time and Simon Howells previously I wouldn't be typing here if it wasn't for them!

 

To all those who said Welfare Right getting people benefits by lying... Simon scared the living **** out of me !

 

I had written I can not visit new places or new people! He said to me where are you? Who am I? I went....

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So you managed to walk in holding/carrying a bundle..

Not read all of your thread but did you go alone.

Just wondering how you managed if you did.

 

Yes I carried the bundle under my left arm and struggled in with my stick in my left hand.

 

The assessor invited me to go infront of him and when I came to the door I stopped for him to open it for obvious reasons.

 

I let the bundle fall on his desk and I sat down and told him - 'there have a read at that lot!!' which he ignored and started the assessment. His first question was what was my medication and how much and when do i take it. I told him to look at the ESA50 and repeat script that was on his desk!

 

My wife drove me there and sat in the waiting room whilst I had the assessment.

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  • 4 weeks later...

OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

 

And then forget to keep a copy ....

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in

 

I've done that every time! Panic overcomes me and it takes an imminent deadline to create action, mind you, the action last time was for a MIND advocate to get together with a CAB volunteer to complete it while I sat there. If there is a next time, I plan to gather help more quickly.

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

 

Full marks for honesty, Estellyn. :) I hope you get it sorted.

 

HB x

Illegitimi non carborundum

 

 

 

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:That Unfit For Purpose Form:

 

Although I wasn't exempt from the personal capability assessment, twas the first time I'd had to complete a questionnaire for myself.

 

Spend three and a half weeks trying to complete their boxes, on extra copies of ESA50 downloaded from the internet that turn into paper

:plane: :plane:.

 

Give up on their silly boxes. Four nights left to write about four areas of activity that have applicable descriptors. Manage between a half and two sides of A4 per activity. One activity per night.

 

Completely forget about evidence, extra sheet for meds,

and request for audio recorded messical :doh:,

as husband rushes off to hand deliver form to regional Shatos office

(for us, about 20 minutes away).

 

Trust to guardian :angel:, Margaret.

Edited by **Margaret**
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Glad I'm not alone in form fiascos :-).

 

I have started now, and plan to send husband out to the post office tomorrow for a guaranteed next day delivery.

 

One thing I have noticed so far that bears mentioning on this new 2013 form (not sure if it was on the last one), is that the choices of 'tick box' for the mobilising descriptor are tricksy, and either badly designed, or deliberately designed (if you get my meaning). There is no box to tick saying you can mobilise less than 50 metres - the first option is 50 metres - meaning anyone ticking that box is saying they can mobilise 50 metres or more. I dealt with this by creating my own tick box and putting beside it 'between 0 and 20 metres' and ticked that box, along with the 'it varies' box, and then explained my mobility issues further in the space below.

 

Just a heads up to anyone completing the ESA50 now to be aware of.

 

More later, one of my cats is now sitting on my ESA50 demanding my attention.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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One thing I have noticed so far that bears mentioning on this new 2013 form (not sure if it was on the last one), is that the choices of 'tick box' for the mobilising descriptor are tricksy, and either badly designed, or deliberately designed (if you get my meaning). There is no box to tick saying you can mobilise less than 50 metres - the first option is 50 metres - meaning anyone ticking that box is saying they can mobilise 50 metres or more. I dealt with this by creating my own tick box and putting beside it 'between 0 and 20 metres' and ticked that box, along with the 'it varies' box, and then explained my mobility issues further in the space below.

 

There are other examples of this on the form or there used to be. One that springs to mind is the 'going out' one in mental health - no option for someone who never goes out.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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