ESA some help please

[**Margaret**]

:Ali71:

 

CAG has a guide to appealing disallowance of employment n support allowance at ;

 

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

 

If you've the technology, there's a downloadable and printable GL24 at;

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

Employment n support allowance comes under the generic term of 'benefit'.

 

Both the GL24 (if you can't print a copy) and a copy of your ESA85 should be available via telephone request from your benefit delivery centre. If they don't show within a few days repeat your request in writing.

 

Cos of the way Jobcentreplus process appeals, you'll need a new Med 3 (unfit) note to evidence your claim for assessment rate ESA until your appeal's decided. You may need to explain to your doctor that you're appealing a fit for work decision. If your doctor agrees that you're unfit for work, ask him/her to backdate the note to the date of disallowance. Assessment rate during reconsideration of fit for work decisions remains payable for appeals lodged before October 13.

 

Section 8 of the GL24 needs to be as detailed as possible with any supportive evidence you've already got, but don't delay sending it to wait for your ESA85 or supportive evidence. If necessary, basic reasons will do for now.

 

Sincerely, Margaret.

[swinginapig]

Hi

Not as far i was aware im in northen ireland and benefit system does differ over here.

I recieved assesment rate.

And my assesment was recently in april. But ues continuous sicknotes are required.

As of April 2013 any appeal a claimant makes automatically goes to a reconsideration with DWP, no payments are made in this time, this process could take an indefinate period, once DWP have made a decision, if not in your favour it then goes to a Tribunal appeal, I think but not totally sure assessment rates can then be paid....sick note still have to be sent to DWP to keep the claim open.... I stand corrected if things have changed from what was reported in the media in 2012...

Edited May 18, 2013 by swinginapig

[**Margaret**]

:Clarification:

 

From a freedom of info response dated February 13;

 

'Once mandatory reconsideration is introduced ...... However, if claimants appeal following the completion of the mandatory reconsideration process, pending appeal payments will be paid as now, and payment will include the reconsideration period.

 

...... the mandatory reconsideration process will not be in use until October this year in respect of ESA.'

 

https://whatdotheyknow.com/request/timescales_for_mandatory_reconsi#comment-35941

 

And another freedom of info response on the same subject;

 

https://whatdotheyknow.com/request/appealling_esa_in_october_2013

 

Not saying I agree with the changes, I don't! They're .

 

Margaret.

[**Margaret**]

:Ali71:

 

Later this year, Government intends to extend something called 'mandatory consideration of revision before appeal' to employment and support allowance, but you don't need to worry about it for the moment. If your doctor agrees to write Med 3 (unfit) notes Jobcentreplus should pay assessment rate employment n support for the duration of your appeal. (Subject to a time limit of 12 months for a contributions based award. After that you'll be able to apply for an income related award if you've no other income.)

 

Another contributor's mentioned reg 29. If you believe that work would risk your own or someone else's health, it's up to you to prove it.

 

Margaret.

[**Margaret**]

:Ali71:

 

Sorry, forgot about the tax credits. Unfortunately I can't help either. Your query's in the right forum so it's probably a case of waiting until someone who can advise you reads it.

 

Margaret.

[Ali71]

Thankyou Margaret,I will ring dwp first thing mon.just not sure about sick note as I already sent one off to the dwp to cover me 10th may-10th June.don't know if doc will issue me another.they'd already made there decision on the 25/04 but they didn't send letter letting me know until 14/05.so complete waste of time sending that note in.at my wits end with it all ! Thanks for the clarification on dates.

Ali

[swinginapig]

:Clarification:

 

From a freedom of info response dated February 13;

 

'Once mandatory reconsideration is introduced ...... However, if claimants appeal following the

 

 

 

 

 

 

 

 

 

 

 

 

completion of the mandatory reconsideration process, pending appeal payments will be paid as now, and payment will include the reconsideration period

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

.

 

...... the mandatory reconsideration process will not be in use until October this year in respect of ESA.'

 

https://whatdotheyknow.com/request/timescales_for_mandatory_reconsi#comment-35941

 

And another freedom of info response on the same subject;

 

https://whatdotheyknow.com/request/appealling_esa_in_october_2013

 

Not saying I agree with the changes, I don't! They're .

 

Margaret.

 

Right thanks for that Margaret, I stand corrected, goverment have obviously changed the goal post"s again...

[Ali71]

Hi

I failed my atos assessment got 0.Have been signed off sick since sept with depression/anxiety after the death of my father.Idiot at atos has basically said I'm absolutely fine esa65.waiting for esa85.Twisted it all and some things have been presumed and are not true.in the six weeks since this assessment my doc has doubled the dosage of my anti depressants and have seen a mental health worker at my GP & have been told I need in-depth bereavement counselling before I will start getting better.do I put this on gl24? & what else should I write? I find it hard to go out,get panic attacks and generally feel frightened at the moment.Do I say atos got it wrong?

Thankyou for any advice

[Ali71]

One more question.

do I ask to be paid assessment rate or is this automatic?

[Ali71]

Hi

I posted a question about filling in my GL24 but have had no answers.could anyone give me any advice as Ive never done anything Like this before.

Thanks

Ali

[honeybee13]

Hello there.

 

I'm sorry you haven't had any replies, not everyone here will know the answers. I'll merge this with your existing thread, you don't need a new one for every question you have.

 

If you want to bring your thread to the top of the forum again, type in bump, which means bring up my thread. That way people will see that your question still needs answering. Please don't start another thread for that.

 

My best, HB

[Ali71]

Sent GL24 off this morning didn't want to wait any longer for esa85 but it has just come through the post.atos has written 'I advise that work could be considered within 3 months' does this mean dwp decision maker over ruled her advice.shall I write to dwp adding more evidence after reading esa85.

Thanks for any replies.

[honeybee13]

Hello again.

 

I've merged more of your posts into this thread so the information stays together. I didn't realise there was another one.

 

HB

[Nystagmite]

Your appeal needs to be based on how you were at the time of the assessment and not now.

[wiseajak]

Hi alias i said on earlier post u need to state on ur appeal from GL24 that you want to be paid assesment rate it is not automatic. If you dont ask you dont get. If you done everything i advised everything will be fine

 

What ATOS advise and what the DWP do are 2 different things. The DWP aim to put everyone of benefit they can to save money, this is the government after all. You would have state this is ur further evidence. Now u have ur ESA 85 u can study it with a fine tooth comb and point out all the lies and forward the rest of you appeal to the DWP where upon it will go to automatic reconsideration...... Or so they say in 90% of cases they automatically say sorry we cantchange out origainl decision and tell you to sign on.

No, you write back and say thanks for the reconsideration and state you want all the details forwarded to the tribunals service and go from there

[wiseajak]

Hi alias i said on earlier post u need to state on ur appeal from GL24 that you want to be paid assesment rate it is not automatic. If you dont ask you dont get. If you done everything i advised everything will be fine

 

What ATOS advise and what the DWP do are 2 different things. The DWP aim to put everyone of benefit they can to save money, this is the government after all. You would have state this is ur further evidence. Now u have ur ESA 85 u can study it with a fine tooth comb and point out all the lies and forward the rest of you appeal to the DWP where upon it will go to automatic reconsideration...... Or so they say in 90% of cases they automatically say sorry we cantchange out origainl decision and tell you to sign on.

No, you write back and say thanks for the reconsideration and state you want all the details forwarded to the tribunals service and go from there

 

 

http://dwpexamination.wordpress.com/why-it-is-important-to-appeal/

 

 

Have a read of this!

[Ali71]

Hi

I did ask to be paid assessment rate on gl24.Iike u said I'm going to go through all the lies and presumptions that have been written & about the advice about 3 month return to work.I don't want to be off work but I need time to get better.I didn't put alot on the form thought I'd better get it in asap,but did say I would be sending further evidence.As for reconsideration 100% sure that's a NO.was very naive going to atos,wish I'd read about it before.15 min to tell me I'm not depressed.absolute disgrace!

Will my payments start again when they get gl24? No money for 3 wks now.not signing on.

Thanks for your help

[wiseajak]

Hi

I did ask to be paid assessment rate on gl24.Iike u said I'm going to go through all the lies and presumptions that have been written & about the advice about 3 month return to work.I don't want to be off work but I need time to get better.I didn't put alot on the form thought I'd better get it in asap,but did say I would be sending further evidence.As for reconsideration 100% sure that's a NO.was very naive going to atos,wish I'd read about it before.15 min to tell me I'm not depressed.absolute disgrace!

Will my payments start again when they get gl24? No money for 3 wks now.not signing on.

Thanks for your help

 

 

Your very welcome.

Yes Atos lie profusly! I dont knkw how they sleep at night!

They will write to you informing you of when ul get ur assesment rate and that will be paid to you throughout until an appeal has gone the full length.

 

Once at tribunal stage which is more then likely if you win which i hope you do, you will be back paid everything thy havent paid you. Take a while to get a tribunal date though so ud be looking at a substantial backpay if thats thr case.

 

However the DWP are known to send you for another assessment after your tribunal win even if the judge recommends no need to re asses in 3 years. Process starts again. They are currupt and B****ds

 

I hope you had alook. At the link i posted up.

Keep us informed were backing you 100%

 

Never give up!!!