ESA 0 Points, now HB and CTB stopped :(

[djwillyk]

Hello i dont know if im looking for help or just need to talk to people about this, i had a work assesment in november which was a nightmare but i thought it must ust be a formality. I recieved the dicision last week and o points! The nurse who conducted it has missed everythin out, contradicted herself and even lied.

Im not going through a good time at the mo, my partner has to do everything for me (which im sure is pushing her to the point of leaving me and i dont blame her) and i really dont have the strength to deal with this.

I have already written to the saying i want to appeal and sent them a copy of all there discritors and how they affect me.

 

This nurse wrote things like "didnt rise from the chair" then a few lines later put "rose from chair then declined to get on the couch" how can she say i didnt rise from the chair then i did? I didnt decline to get on the couch i told her it was a bit high and it will really hurt me for days if i attempt it an somthing goes wrong to which she said "you dont have to do it if it will be painful"

 

I could go on and on about these contardictions and lies, like she had all my painkillers infront of her with the dosage written on (which includes morphine i have to use every day) and saw how i have to spend everyday drugged up and sapced out but still put "takes a moderate amount of medication hat has no affect on conciousness or ability to do day to day tasks safly"

 

Ive been in a state since i recieved this and really want to fight it but two days of writting a few letters has already made me need to double my dose of medication and has made me exhausted.

 

Why cant they see what is right infront of them, anyone who is truley ill does not choose this and like me must hate every minute of it and wish there was and easy way out.

[Guest]

many of us on here have been through similar by courtesay of the atossers and their messical assessments...there is lots of help on here and am sure those that can help will be answering soon.

[djwillyk]

Sounds like the useless nurse wasnt a one off then. I phoned them up to check they had recieved my appeal and the bloke had the gall to tell me im better off trying for jsa to which i told him

"im sure they would love it if when i sign on they ask me what did you do this week to look for work and i replyed nothing due to the fact i soiled myself 6 out of the 7 days and i was in so much pain i had to use alot of morphine and other opioids that i thought a train was trying to get in the attic"

His reply was "oh, ok maybe jsa is not right for you right now"

 

[honeybee13]

Hello there.

 

Here is a link to the forum sticky about appeals and tribunals. It has a link to the DWP descriptors and a template for a document you could submit to the tribunal.

 

To fill it in, you need to go through the Atos report and find all the mistakes or contradictions. This is what you use to add to the template.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?383390-Benefit-Fraud-Please-help!!

 

My best, HB

[Sparks_]

Did you have it recorded, did someone go with you?

[djwillyk]

Thanks for the reply, i have read most of this, im just drained already. now today the help we get with rent and council tax has been stopped.

I really dont understand how or why they do this?

 

I have written a letter with all the descriptors challenged (and i mean all of them) but surley this nurse should be held accountable for just writting codswallop or none of the above apply.

[honeybee13]

Thanks for the reply, i have read most of this, im just drained already. now today the help we get with rent and council tax has been stopped.

I really dont understand how or why they do this?

 

I have written a letter with all the descriptors challenged (and i mean all of them) but surley this nurse should be held accountable for just writting codswallop or none of the above apply.

 

Hello again. I think for now you should save your energy for the fight to get your benefits being paid the right way. I'm sure the guys will help you.

 

At this stage, I would hold off the complaint about the nurse and concentrate on getting an appeal together. Hopefully others will help you with this and your HB and CTB.

 

HB

[Sparks_]

You can claim HB and CT benefit through having nil income, contact your local council and tell them

[djwillyk]

I was told they cant pay hb until i am recieving a benifit? I got a very fast letter from atos today saying my complaint is being investigated, hopefully not by the same sort of proffesional that to the assesment!

 

On another note i found my partner crying in bed this morning (i have to sleep in the front room due to me not sleeping much and having to take medication all night) which was horrible and to be honest i dont know how she stays with me having to look after me 24/7, i wish she didnt have to go through this but on the other hand i would not be able to go on without her.

[honeybee13]

Hello again.

 

We have forum members who deal with HB and CTB, hopefully they will see your thread and add some comments.

 

HB

[Nystagmite]

You don't need to be claiming benefits to claim HB. There is something about a nil income claim.

[**Margaret**]

:djwillyk:

 

Twaddle; neither housing nor council tax benefit depend on receipt of other benefits. The criteria are low income and level of savings. If the info came from your local authority, you've been misadvised. If employment n support was your only income, ask for a nil income form or (if your local authority don't use them/you've a low income from other sources) say you need notify a change of circumstances.

 

(This confusion sometimes arises when income based employment n support is the 'passport')

 

Now, about that complaint to Shatos. By all means complain but I agree with :honeybee13: that getting your appeal and benefits sorted is more important. I've done the complaining to Shatos bit. After ten months I got half a teeshirt. As it happened, a very useful half teeshirt but it would've been useless without the prep for the appeal.

 

Have a cheery . Sincerely, Margaret.

[reallymadwoman]

I'll second Margaret's comments about the ATOS complaint - save it for when you really have nothing better to do than watch paint dry because it will prove about as useful.

[Guest]

having been there and done it...agreeing with Margaret

[speedfreek]

I 3rd it

 

Go to Council fill in a change of Circumstance form (get a few spares their might be one online if you look) print off 3 months of bank statements and write a simple declaration of no income.

 

Mine usually goes I will be appealing this decision until that time I will be living of my savings etc.

 

When ESA rate re-instated fill in new form telling Council ESA now back in payment.

 

When/IF you win appeal fill in new form telling the Council of this.

 

Although the DWP might tell you it's done automatically, you fill in form for the Council which at the end states (and you have signed this) I will tell the Council of any changes!

 

They are two separate and distinctly different entities with their own rules. Sign the form you bide by the rules you've agreed too.

[djwillyk]

Thanks for the replys, had a bad day yesterday so had to take copius amounts of medication and didnt know what day it was

 

Anyway the council will not budge till they see a letter from the dwp which i recieved today so will have to get someone to take it down for me.

 

Mp got back to my partner and says he cant help untill after its been through appeal?

 

landlord has sent a letter saying that our rent is overdue

 

its all stacking up and grinding me down but trying to take it bit by bit.

 

I did have a call from dwp saying not to worry as the appeal rate esa was being paid and a decision maker will look at it again.

 

a few questions,

 

has a decision ever been overturned at this stage or will it be the long haul appeal?

 

is the appeal rate the same as what its been since i claimed? (i first claimed in march 2012 and didnt have assesment till november 2012 so was always at assesment rate)

 

I really appreciate all the help im getting here it really is keeping me going

[speedfreek]

Ta few questions,

 

has a decision ever been overturned at this stage or will it be the long haul appeal?

 

is the appeal rate the same as what its been since i claimed? (i first claimed in march 2012 and didnt have assesment till november 2012 so was always at assesment rate)

 

I really appreciate all the help im getting here it really is keeping me going

 

sometimes but not often it all depends on how well you talked to the person from the DWP who called and if you supply any more evidence. It's a bit of a lottery at this stage but some get lucky although it's not too much of a disaster as the majority of us win at tribunal in the end.

 

Yes the appeal rate is the same and that starts being payed again from when your appeal is accepted. It's back dated too so you get paid the full amount from the time it stopped.

 

You haven't said if you've asked for a reconsideration or if you have formally appealed?

 

Since you have a partner do they live with you or form any part of your claim for HB/CT/ESA?

 

Your council sound like right muppets too as a nil income declaration is all that is needed to get their payments going again. They do not in any way shape or form need confirmation from the DWP. That too will be back dated to the time it stopped so although late their will be no lost payments.

 

Have a quick read on the shelter website http://www.shelter.org.uk/ then cross reference that with your local councils one as there's 3 of us here saying that they are talking carp! A shelter advisor on the free telephone help line will often go out of their way to help so if you get stuck give them a bell.

 

I've been through ESA and nil points twice now; 2 appeals etc so......

 

Try and split up things so 1, council HB/CT 2, DWP ESA 3, Complaint

 

Keep them all separate as each is easy to deal with when looked at as a separate issue which they are.

[**Margaret**]

:djwyllik:

 

Housing and council tax benefit:

 

Poor communication, poor staff training, I don't know; but your council should've sent a nil income/change of circumstances form for you to complete and return with accompanying proof of the change. From where you're at now you can repeat your request for a form, or simply write a letter to send with the letter you've received from Jobcentreplus. Explain that employment n support was disallowed but will be reinstated at assessment rate because your appeal's been accepted. If it helps there's a template at;

 

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/change_of_circumstances_affecting_housing_benefit/reporting_changes_affecting_housing_benefit/

 

Appeal:

 

Somehow, we've managed to put up the wrong link for the appeals template. Try;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

From what you've written you've lodged a formal appeal which means the decision will be reconsidered by a different decision maker. A few decisions are revised at this stage (slightly more likely if you've further evidence) but the majority are referred on to the Tribunals Service. Currently, the average wait for a hearing is 6 - 12 months.

 

Can't see any obvious role for a Member of Parliament at the moment. What help did you ask for?

 

Allow yourself some time off.

Sincerely, Margaret.

Edited March 3, 2013 by **Margaret**

[djwillyk]

Had a phonecall from the decision maker today and she was very nice and asked me a few questions like "how long did it take you to walk from the waiting area to the assesment room" to which i told the truth "about five minutes" its only about 4 metres but thats how long it took as my partner could not help me. Hopefully she has all the information she needs there now and can see what i live like

 

I had another letter saying how they will be backdating since i appealed and a months worth at £113?

 

One question does anyone know the esa rates assesment and main phase for me i live with my partner and 2 year old child?

 

This has perked me up a little because im sure they will see the errors of the hcp that did this assesment.

[Nystagmite]

One question does anyone know the esa rates assesment and main phase for me i live with my partner and 2 year old child?

 

Income based ESA is £111.45 for a couple during the assessment phase. Money for your child will be paid via child benefit and child tax credits.

[djwillyk]

Income based ESA is £111.45 for a couple during the assessment phase. Money for your child will be paid via child benefit and child tax credits.

 

Ok thank you, what about main phase? my partner is trying to work it out as i cant with my head the way it is..

 

On another note i this morning had the most sleep (4 hours) ive had in months, still need more though

[Nystagmite]

That depends on which group you're put in.

[djwillyk]

No new news on this yet apart from me not getting more than 2 hours sleep a night at the mo so head everywhere.

[djwillyk]

As if by magic now HB have decided we ow them £111 and are reducing our HB by £42 a month to pay it i dont know how they think we can afford this at the mo!!!

 

Do they ust pick on the easy targets??? if i wasnt as ill as i am i would be in there office kicking up a fuss but alas, no stregnth

[matt v atos]

As if by magic now HB have decided we ow them £111 and are reducing our HB by £42 a month to pay it i dont know how they think we can afford this at the mo!!!

 

Do they ust pick on the easy targets??? if i wasnt as ill as i am i would be in there office kicking up a fuss but alas, no stregnth

 

It may be a overpayment of HB when your ESA stopped and now HB want this back