Jump to content


ESA refused. No income. No food after Saturday.


2ltr16valve
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3108 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

I got sacked from work due to unsatisfactory attendance on 02/12. I have applied for ESA and sent a med 3 that covers me until 02/14. Just spoke to esa on phone and been told that because my previous claim was disallowed 06/2013 I am not allowed any payments until I go for a ATOS medical.

 

Now. My new claim is for a completely different reason to my last one that atos told me to go back to work for. Although my new condition was caused by the old one as i have back problems which cause mobility issues. The lack of mobility while I had a chest infection caused me to develop severe phnumonia, an I now have breathing problems with repeated chest infections and shortness of breath.

 

I can not survive on no income. All we have is child tax credits and child benefits paying ATM

It's less than a week before Christmas and I can't even feed my children past this weekend.

To be honest. I just feel like ending it all here and taking all my medicine !! Between the bedroom tax. No income and the £1000+ rent arrears I just can't do this no more :(

 

Ty

Link to post
Share on other sites

]Hi all

 

I got sacked from work due to unsatisfactory attendance on 02/12. I have applied for ESA and sent a med 3 that covers me until 02/14. Just spoke to esa on phone and been told that because my previous claim was disallowed 06/2013 I am not allowed any payments until I go for a ATOS medical.

 

Now. My new claim is for a completely different reason to my last one that atos told me to go back to work for. Although my new condition was caused by the old one as i have back problems which cause mobility issues. The lack of mobility while I had a chest infection caused me to develop severe phnumonia, an I now have breathing problems with repeated chest infections and shortness of breath.

 

I can not survive on no income. All we have is child tax credits and child benefits paying ATM

It's less than a week before Christmas and I can't even feed my children past this weekend.

To be honest. I just feel like ending it all here and taking all my medicine !! Between the bedroom tax. No income and the £1000+ rent arrears I just can't do this no more :(

 

Ty

 

To rule out one reason why they won't pay you yet.

 

Have you missed any previous ATOS medicals at All ?

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

Have you missed previous ATOS medicals at All ?

 

 

No none. Previous claim medical was about 18 months ago. Went to that and was found 'fit' according to atos.

I appealed and in June this year I could not make the appeal hearing due to a hospital appointment I could not change. They decided to hear it in my absence anyway even tho I asked them to reschedule it. They said they agreed and to go back to work.

I did just that. Got sacked 02/12 for reason above. An now just reclaimed for a different reason.

Previous reason was chronic back pain which I still have.

New claim is for 'brittle asthma and reoccurinng chest infections"

 

Ty

Link to post
Share on other sites

Hi

 

What's the cause of your chronic back pain, what an MRI showing, what did the consultants offer you in the way of treatment.

 

Back pain is from serious rtc January 2003. MRI showed soft tissue damage. Treatment was pain mgt injections and pain killers I still take (tramadol).

That was the old claim tho that failed at appeal in June. ??

 

New claim is for breathing problems. I use nebuliser every 4-6 hours daily.

Link to post
Share on other sites

I have just done some reading....

 

Now looking around my claim this month is for a completely different condition than my previous claim, although my previous problem is still there it is not my 'main' illness.

 

If I have read and taken the info in right, if you claim ESA within SIX months of a negative work capability assessment then they wont pay you until a WCA..... this is pretty much same as what I am being told.

 

BUT... because I am claiming for a NEW condition the Six month rule does not apply ? is this correct as I think it is..... if so, can someone point me in the right direction of the black and white dwp rule please as I am expecting a call back tomorrow from a mgr.

Link to post
Share on other sites

What type of investigations are being made into your breathing difficulties?

 

How long have you had them?

 

What type of medication is being used in your nebuliser?

 

Has your GP looked at your tramadol use because it can make breathing difficulties worse!

 

Lastly how will your breathing problems relate to descriptors in order to make a successful claim?

Link to post
Share on other sites

What type of investigations are being made into your breathing difficulties?

 

How long have you had them?

 

What type of medication is being used in your nebuliser?

 

Has your GP looked at your tramadol use because it can make breathing difficulties worse!

 

Lastly how will your breathing problems relate to descriptors in order to make a successful claim?

 

CT scan thats shown thickening of the Bronchi tubes.

Salbutamol and Ipratropium bromide. I also take turbohaler 400 (Budesonide 400)

 

Yea doctor has checked the usual medicines that affect general asthma and they do not affect me in the same way, my condition is classed as COPD although differs slightly.

 

I am not sure about the descriptors - but I suffer frequent chest infections ~4-6 weeks which last 3-4 weeks before they clear... if they clear, I have been in hospital as an emergency admission twice this year with pneumonia and treated by GP and out of hours numerous times.

 

When I have not got a chest infection I get breathless with just walking, I can not do anything remotely strenuous without feeling like I am being suffocated. When I have a chest infection I can just about breathe let alone do anything else, just getting up to go to the toilet is an effort that causes me to sweat profusely and have to hold onto my partner for support as I get so dizzy.

Link to post
Share on other sites

:2ltr16valve:

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

You need reg 30 (2) as interpreted by;

 

http://www.cpag.org.uk/content/esa-repeat-claims-and-appeals

 

As the article says, decision makers don't tend to read the exceptions. Hopefully you'll get a speedy revision on this one, whether via the phone tomorrow or via a mandatory reconsideration.

 

If not, the quickest way to get a claim into payment is to close your current claim and reclaim from six months after the date your appeal to the Tribunals Service was dismissed. (Not saying my suggestion is fair and just, it isn't. :evil: But it's the quickest way for an unwell claimant to get money for food, fuel and rent.)

 

:panda: Best wishes, Margaret.

Link to post
Share on other sites

:2ltr16valve:

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

You need reg 30 (2) as interpreted by;

 

http://www.cpag.org.uk/content/esa-repeat-claims-and-appeals

 

As the article says, decision makers don't tend to read the exceptions. Hopefully you'll get a speedy revision on this one, whether via the phone tomorrow or via a mandatory reconsideration.

 

If not, the quickest way to get a claim into payment is to close your current claim and reclaim from six months after the date your appeal to the Tribunals Service was dismissed. (Not saying my suggestion is fair and just, it isn't. :evil: But it's the quickest way for an unwell claimant to get money for food, fuel and rent.)

 

:panda: Best wishes, Margaret.

 

 

Many thanks Margaret.

 

So if I reference the legislation section 30(2) that should prove they have to pay me before new WCA ?

Link to post
Share on other sites

The link below is for Bristol Council.. but you should check with your own Council to see if they provide the new type of Crisis loan.

 

http://www.bristol.gov.uk/page/financial-help-and-benefits/emergency-payments-local-crisis-and-prevention-fund

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

The link below is for Bristol Council.. but you should check with your own Council to see if they provide the new type of Crisis loan.

 

http://www.bristol.gov.uk/page/financial-help-and-benefits/emergency-payments-local-crisis-and-prevention-fund

 

 

This is what my local authority have I think if I've found right thing.

 

http://lessbarkinganddagenham.org

Link to post
Share on other sites

This is what my local authority have I think if I've found right thing.

 

http://lessbarkinganddagenham.org

 

Looks like it, yes, so keep it in mind. But follow Margaret's advice above, because as far as I'm aware, the rule that says you can't be paid until a WCA takes place if you reapply for ESA within six months applies only to those who are simply applying for the same condition (and then only if the condition has not worsened).

 

In your case, you are applying for a different condition. Contact them ASAP, as DWP offices in England will be closed 24th-26th Dec.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

:2ltr16valve:

 

Yes. A paraphrase of reg 30 (2) (b) (i);

 

Among the conditions for being treated as having limited capability for work within six months of a determination that the claimant doesn't have limited capability for work is that, 'the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination'.

 

And if all the other conditions for entitlement are satisfied, Jobcentreplus should have paid this claim anyway for any illness that a doctor's prepared to write Med 3 (unfit) notes for. It's probably at least twelve months since their determination of fit for work, and the six months run from the date of disallowance. Not the date of the decision by the tribunal panel, which only remakes or confirms the original decision.

 

Even if one knows this legislation backwards it can be very difficult to argue it over the phone, particularly if you get an inexperienced processor or decision maker or have issues with phones. So read the legislation and the CPAG article to make sure you completely understand it all, then write out the argument with the dates so you've some notes to refer to during the call. And personally, I'd follow up the call with a fully referenced written argument as part of a request for mandatory reconsideration.

 

Fingers crossed for you, Margaret.

Edited by **Margaret**
Link to post
Share on other sites

Hi all,

 

Good news, all resolved today. A manager called me this morning and said that for some reason someone has pushed the 'wrong button' and my payment was there all along. He does not know whats happened or why I was told what I was as there is nothing on the system to say I would not receive any payments before a WCA.

 

Thank you all for your help, very much appreciated. Its humbling to know there are people there to help when no one else will.

Link to post
Share on other sites

Oh this is very good news indeed. I hope the person who pushed the wrong button is being sent for retraining!

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thank goodness for that! You must be so relieved. :)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Oh this is very good news indeed. I hope the person who pushed the wrong button is being sent for retraining!

 

I doubt that very much, the people that make these 'decisions' don't actually see the real world situation and are making decisions on health benefits that they have absolutely no knowledge about. Heads you win, Tails you lose.

To be honest a Driving Test Examiner is actually more qualified to judge people than a DWP decision maker, at least they know when a person is capable of driving.

 

Pete.

Link to post
Share on other sites

I doubt that very much, the people that make these 'decisions' don't actually see the real world situation and are making decisions on health benefits that they have absolutely no knowledge about. Heads you win, Tails you lose.

To be honest a Driving Test Examiner is actually more qualified to judge people than a DWP decision maker, at least they know when a person is capable of driving.

 

Pete.

 

They don't. They see a pile of paperwork and it will be one of many piles of paperwork they have to deal with that day. The obvious solution would be to employ doctors to do the job, but a) they cost more money than DMs; and b) they'd probably be more sympathetic and hence award more benefits. We can't have that, can we? :sad:

 

Not that there are no sympathetic DMs, of course - plenty of them are decent people. But without training, with inadequate information, and with a huge workload, they get the decisions wrong often. About 40% of the time, according to tribunal results.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

How much extra do all those tribunals cost, not only in money, but the difficulty they cause the people entitled to those benefits? How many don't feel able to go through the appeal process too?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...