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    • Hi Guys   Sorry for the delayed response   I have attached me Change of address letter and SAR which I am sending to EPS. I have redacted my information but apologies if I have missed something   I have also attached my snotty letter to Gladstone   Let me know if i am missing anything or need to change anything. I was thinking of sending the letter to EPS on Monday and then Gladstones on Wednesday   Also regarding @honeybee13, the comment about saying 'the driver' rather then I. I wasn't too sure how to implement this given i'd have to put my name in so they have someone to send the letter back to?    EPS Change of address and SAR Letter Redacted.pdf Gladstone Snotty Letter Redacted.pdf
    • Hi   I haveh ad a good re read of your Topic and do agree with BazzaS  that you need to take a step back from this and I can appeciate that you are not happy with the treatment that your relative has been given due to the sleeping pill being prescribed.   You mention the wait at the hospital of over X hours but you do not say if this relative went to a certain department with a GP letter or whether this was via the hospital A&E Department.   If it was via the Hospitals A&E Department you need to bear in mind the following:   1. This was during COVID-19 and protetions will be in place to protect both Medical Staff and Patients coming to A&E   2. The A&E Department will Triage every single Patient coming to that Department as to who needs instant medical treament to those who can wait a certain period but as this can be a fast flowing Department the Triage System can change minute by minute dependent on the amount of Casualties/Patients they have to treat.   IMO you need to approach this from the beginning as to why your relative was prescribed that specific medication with there medical condition and that GPs reasoning at that time. (was this fully discussed with that relative at that time, as you say they have capacity to sign a letter, did they understand what the GP was saying at the time about this medication and did they agree to the GPs decision to prescribe this medication if they have capacity and were the possible side affects explained)   My concern is you state they have Dementia then state they have capacity to sign a letter but we are unaware of what type of Dementia the relative has i.e. is it early onset Dementia as you need to be very careful if they have memory loss issues with stating they have capacity to sign a letter when there is no Power of Attorney nor Deputyship in Place for that relative.    
    • Be Wiser is the Trading Name of Atlanta 1 Insurance Services Limited, an Insurance Broker (see this link Privacy Policy look under 'Who we are': https://www.bewiser.co.uk/privacy )   Atlanta 1 Insurance Services Limited Autonet Insurance Nile Street Burslem Stoke-On-Trent ST6 2BA   Company Number: 03642372   Incorporated: 1st October 1998   Company Type: Private Limited Company   Directors: Craig David Ball (Appointed 22nd March 2005) & Ian James Donaldson (Appointed 20th December 2004)   Companies House Link: https://find-and-update.company-information.service.gov.uk/company/03642372   FCA Register: https://register.fca.org.uk/s/firm?id=001b000000MfWfKAAV (according to above link they have 36 different Trading Names)   As stated send them a Subject Access Request (SAR) asking for 'ALL DATA' that little phrase covers whatever format they hold that Data in and they have 30 Calender Day to respond and the Time Limit only starts once they have acknowledged reciept of your SAR and are not asking for further identification which can then extend the time limit.   In the Privacy Policy Link: https://www.bewiser.co.uk/privacy  (see 9. What are your Right for who to send your SAR to (in fact see below))   Data Protection Officer Atlanta 1 Insurance Services Limited Autonet Insurance Nile Street Burslem Stoke-On-Trent ST6 2BA   There Terms & Condition on ther website isn't really clear on Cancellation in the circumstances you describe but it does mention elsewhere about if you have a telematics insurance policy to refer to suplementary information which isn't on there website.   Do you have a copy of your actual Polict that they sent you that you could post up in PDF Format and make sure it is redacted please as the T&Cs on there website may be different to your actual Policy due to them being a Broker.  
    • opps you emailed them asking to cancel you should have simply let one more payment go out then cancel the DD. they've had their money and £100's more than they ever should have gotten. cancel the DD ignore everyone.    
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Hello,

 

My father recently had a tribunal which went against him, they said that he is mentally unfit for work but physically fit. Anyway... my father has serious back/leg problems and is unable to walk for extended periods of time and sit for extended periods of time. He also suffers from heart problems and nerve problems, I'm guessing that's due to all the stress hes been having to put up with.

 

anyway, he scored 0 points on his ATOS assessment, we then appealed and it was taken to the tribunal where he was given 13 points and as I said above, told he was mentally unfit but physically fit for work. We tried applying for ESA straight away but was told no because the tribunal went against us. (they stopped his benefit before the tribunal even took place might I add).

 

Edit: A little more info. My fathers GP informed my father that he is not to work and also sent letters to the DWP and of-course we had sick notes but they aren't even helping.

 

We're still unsure what to do next...any advice would be appreciated.

Edited by GwynbleiddUK
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February 2012

 

More than six months have passed since the decision that he was fit form work. As such, he should be able to make a new claim right away. Did they elaborate at all when he was told he couldn't claim? And critically, who, specifically, told him that. I don't mean their name or anything, just what job they do.

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More than six months have passed since the decision that he was fit form work. As such, he should be able to make a new claim right away. Did they elaborate at all when he was told he couldn't claim? And critically, who, specifically, told him that. I don't mean their name or anything, just what job they do.

 

It was february 2012 when ATOS gave him 0 points, it was last month when his tribunal went against him. He rang the following number Telephone: 0800 055 6688 and whoever he spoke to informed him that he wasn't allowed to claim ESA because the tribunal went against him.

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It was february 2012 when ATOS gave him 0 points, it was last month when his tribunal went against him. He rang the following number Telephone: 0800 055 6688 and whoever he spoke to informed him that he wasn't allowed to claim ESA because the tribunal went against him.

 

Hmm. Well, that is the new claims contact centre number. And yet I don't think the information he was given is correct. The Tribunal is based on his condition at the time of the Atos medical, which was well over a year ago. ESA rules (unless they've changed very recently, but I've certainly not heard anything about it if so) allow a new claim without restrictions six months after the DWP took the decision to find a claimant fit for work.

 

Critically, though, it's not really up to the contact centre staff to decide who may or may not make a claim. They should accept the claim if he meets the basic conditions, and leave it up to the processing teams to decide on eligibility. I'd suggest he tries again.

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Thank you antone, I'll get onto it right away. :) He said that when he applied he got a letter asking for a sick note which he sent in and he then rang a few days later and was told everything I've said.

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If you are medically unfit to work then the only thing you can do in this circumstance is to re-apply. As has been said, he's entitled to do so due to the length of time since his original ESA ceased. Quite often the new claim staff don't understand the system at all and I've had to explain it to them in the past.

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:GwynbleiddUK:

 

Do you know if your Dad's employment n support allowance (or possibly a previous award of incapacity benefit) was related to his household income or based on his national insurance contributions?

 

Either way your Dad's been misadvised by the claims line. But if his assessment rate was based on contributions, payments are time limited to twelve months which may be why they ceased before his appeal was heard. Payment of a new claim will depend on national insurance contributions (if any) during the two tax years ending April 12 or household income/savings. Does he have a wife/partner in work?

 

Unfortunately Med 3 (unfit) notes are only valid while waiting for an Atos assessment or the outcome of an appeal.

 

Kind regards, Margaret. :panda:

Edited by **Margaret**
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