ESA, Recordings and Payment while appealing

[WhyOhWhy13]

Hi, just wondering is these the new changes?

 

As I'm sure I'll get the dreaded form soon and after the last time, they lied through there teeth I want to be prepared for the changes.

 

So we cannot ask for a recording now?

Also if we lose it and don't get the 15 points, can we not get the basic rate while appealing?

How long is that for etc?

 

Thank You

[reallymadwoman]

So far as I know, nothing has changed over recording ESA assessments or payment of assessment rate whilst appealing.

[WhyOhWhy13]

So far as I know, nothing has changed over recording ESA assessments or payment of assessment rate whilst appealing.

 

So nothing is changing? Have I been reading the wrong bits?

As worried about getting the assessment rate while appealing, but hopefully won't have to go through that as I want a recording, not going in there without one

 

Thanks

Edited April 3, 2013 by WhyOhWhy13
more info

[antone]

Yes, you can ask for a recording. Also, you can legally make a covert recording for yourself as long as you don't post it up on YouTube or anything like that.

[sadone]

So nothing is changing? Have I been reading the wrong bits?

As worried about getting the assessment rate while appealing, but hopefully won't have to go through that as I want a recording, not going in there without one

 

Thanks

 

 

I thought I read on rightsnet recently that the appeal rate is to be stopped after October this year, and after that you have to apply for a reconsideration from the DWP (on no money of course) If they don't change their minds then you can appeal to the tribunal service.

[WhyOhWhy13]

I thought I read on rightsnet recently that the appeal rate is to be stopped after October this year, and after that you have to apply for a reconsideration from the DWP (on no money of course) If they don't change their minds then you can appeal to the tribunal service.

 

Oh so that is def happening in October? How can they do that? The appeal's take AGES

 

So were supposed to live on no money? Crazy

[antone]

Oh so that is def happening in October? How can they do that? The appeal's take AGES

 

So were supposed to live on no money? Crazy

 

As things stand, the DWP does an internal reconsideration and, if that doesn't go in your favour, it sends the case off to the Tribunals Service. Obviously if the recon does go in your favour, there's no decision to appeal and no need for a Tribunal. You were not paid until the adverse recon was recorded and the case was sent for appeal.

 

The new change will mean that you can't request both an appeal and a recon at the same time. You will have to write for a recon first, and only when you are formally notified of the result can you then appeal to Tribunal. Once the Tribunal accepts your appeal, your payments will restart and continue until the appeal is heard, so the change is one of procedure, not policy.

 

Of course, there are a couple of problems. Last time I checked, it wasn't known whether payments would be made while the recon took place (I'll assume not, but don't know for sure). And also there was no specified target or limit for how long the DWP's internal recon should take. It's hard to escape the conclusion that the sole purpose of this change is to discourage ESA appeals and coerce sick people into claiming JSA instead.

[WhyOhWhy13]

As things stand, the DWP does an internal reconsideration and, if that doesn't go in your favour, it sends the case off to the Tribunals Service. Obviously if the recon does go in your favour, there's no decision to appeal and no need for a Tribunal. You were not paid until the adverse recon was recorded and the case was sent for appeal.

 

The new change will mean that you can't request both an appeal and a recon at the same time. You will have to write for a recon first, and only when you are formally notified of the result can you then appeal to Tribunal. Once the Tribunal accepts your appeal, your payments will restart and continue until the appeal is heard, so the change is one of procedure, not policy.

 

Of course, there are a couple of problems. Last time I checked, it wasn't known whether payments would be made while the recon took place (I'll assume not, but don't know for sure). And also there was no specified target or limit for how long the DWP's internal recon should take. It's hard to escape the conclusion that the sole purpose of this change is to discourage ESA appeals and coerce sick people into claiming JSA instead.

 

Oh of course it is, just to put us off appealing, and get us off any benefit or go to JSA. Disgusting really

 

Though I've been through the process twice and won appeals twice, 1st time at the recon stage, and 2nd time at tribunal

But next time I want a recording (didn't know about them before)

Had to do a full on complaint last time, because the whole report was a lie, said I did thing's when I didn't. Told me I may have something (ovary cyst), but in the complaint, he of course denied every saying such a thing

 

Though obviously wasn't surprised, as all they know is to lie

[sadone]

It's hard to escape the conclusion that the sole purpose of this change is to discourage ESA appeals and coerce sick people into claiming JSA instead.

 

Just another example of the dirty tricks being used on the most vulnerable by this loathsome bloody government. I hope the whole lot of them burn.

[Nystagmite]

But you won't get JSA; because you're unfit for work.

[antone]

But you won't get JSA; because you're unfit for work.

 

Well, yes. Or rather, you can go and apply for JSA and point out that you shouldn't be denied because ESA found you fit.

 

So then you get sanctioned because of availability/ASE doubts. It's genius, it really is.

[RaeUK]

^^^ quite so. All the more reason for anyone expecting an ESA50 to start planning before hand. Gather and file any and all medical supporting evidence. The more you send with your form the better chance you have of not needing a physical assessment. And remember, evidence isn't just Consultant and GP support. It can include your latest prescription and even a condensed digest of information relating to your illness and it's affects that you have compiled from online sources. Amidst mine, I even included a standard peak flow chart from the manufacturers and annotated it with my score. It's up to the DWP DM to sort the wheat from the chaff. You cannot compile and send too much info.