ATOS Medical & New Council Tax Questions

[leilani]

Hi Peeps,

Hope someone can help me and give me some sound answers. In first week of February 13, I received a letter telling me my ESA had been stopped due to failing an ATOS medical (second one in two years) back in the first week October 12. I was told I could appeal, which I did immediately, and had to wait for nearly a month with no money.

 

Few weeks later after the mad dash to get the docs certificate and appeal in(GL24) so as not to lose out on my possibly now reduced benefit. I had got the docs they wanted in but it took well over a week to get on their system. Meanwhile, no money for me and told if your desperate go get a crisis loan! Great! I then get a letter stating they are looking decision that you have appealed against and if appropriate we will revise in your favour, if not we will send your appeal letter and papers to Her Majesty's courts.

 

I then get another letter stating that £557.86 being held due to possible over payment from the 4 months it took for them to tell me this significant information of failure at the medical.

 

I waited to hear back from them regards to this and when I would get next payment reduced or not and they actually rang me back and left me a message stating that they would be putting a payment at the reduced rate the next day. Which they did £142. At this point and a week later as directed by their letter in regards to overpayment they don't tell me over the phone categorically that my appeal has been accepted or whether they are still making a decision in my favour or not. Yet, they have now paid me, and so I ring to ask and they tell me oh you don't have to pay this back, you appeal has been accepted. Right...why didn't you write and tell me this...they tell me they wouldn't have done.

 

So, I am supposedly now on appeal. My money has been dropped to a figure that is almost impossible to live on per month. I was in a work related group and I still have to attend this regardless.

 

Yesterday, I receive a tax bill and housing benefit letter for the up coming April. HB appears to still cover my rent. (by the way) was homeless (at family) last year and at the time of the ATOS medical where I didn't even get a physical because he could see I was in discomfort and distress after literally being made homeless 4 days before.

 

Regardless...I am not presented with a bill of £210 to pay, £20 a month now to find, and when I ring to question this, I am told that I am not entitled to any discounts like before because I don't have the additional component. I then state well that's because I am appealing but I still have to attend. I am then by the council man, that they have had word from the DWP that my son is now living with me? Where the hell did they pluck that one out from. He lives 50 miles from me and has not lived with me since July, which is one of the reasons I was made homeless for so long because they couldn't find a property 1 bed suitable for my medical needs... I am then told if I don't write in to confirm this, I will be suspended! WHAT!!! I was questioning whether I was entitled to full Housing Tax due to my little income and I get landed with this.

 

So, I know there is a lot there but that's the kind of background. Anybody got any pointers for me on how to proceed? Would truly appreciate it.

[estellyn]

It is a horrible situation.

 

regards your son, all you do is write giving details of where he is living and since when.

 

With regards the council tax - sorry, there is nothing you can do, people on benefits all over the country are being hit with this new unfair system (had my letter a few days ago).

 

Regards the appeal, good luck. There is an appeal sticky on this forum, and if you need help with the appeal or have queries, just ask.

 

Regarding money they're holding due to possible overpayment - are they saying this is because they delayed in telling you that you'd failed the medical - this is their problem and legally not recoverable

[worried33]

Esttelyn I got council tax letter now.

 

I am now paying approx 34% of council tax.

 

My sister under same council was previously paying 0% and is now paying 22%.

 

I am paying more than her and she has 2 adults in her house. But to be fair both of us have had a sizeable increase on what we paid before.

 

The council are still pushing the line their funding from governm,ent has gone down 17% not 10%, and they say will be 30% within 4 years so more to come.

[leilani]

Thanks Estteyln for your feed back. Been to council and they reiterated that because I am not on the higher component regardless of being on appeal I have to pay. If I win the appeal it will be refunded. Doesn't help me and thousands of others...Indeed it is a horrid situation especially as we had only two weeks notice! Disgraceful!

 

As for the mention of my son, the bloke at the council didn't note down what he told me about him on my records, so there is no record of it and the benefits officer told me there was no issue with my son and didn't know where he got that info from. Now is the time the recorded phone calls should be looked at! Jerk, he was just wanting to make me more anxious than I was already was. We don't need people like that in our path.

 

So, the outcome of this is...put up with it and pay, spread the cost over 12 months instead of 10. The benefits officer was actually horrified herself at the new rules, and helped me figure a way to get a bit more money to help me. I am not on DLA but she suggested I apply and told me that DLA in certain areas of the country will stay that way for the time being, other areas will be turning to the new PIP. Mine happens not to fall in a county or area yet affected by it.

 

As for appeal...I know I have lots to sift through now I have the medical information of that day at ATOS so I will definitely look at the link you sent. Any info that comes up meanwhile that might be of help...please don't hesitate to let me know.

Cheers