kicked off ESA by Atos. - help to appeal please

[**Margaret**]

:MW35:

 

From your previous thread, Citizens Advice helped with a request for reconsideration but Jobcentreplus have upheld their original decision. So you should now have two copies of the 'mandatory reconsideration notice'. One for you to keep, the other to be enclosed with your appeal to the Tribunals Service.

 

You can write out your appeal, or complete an SSCS1 form. My personal preference is to use the form except for Section 5, which I find easier to do as a statement. For now you only need basic reasons. Send any evidence you've already got, but don't let waiting for evidence cause you to miss the deadline.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs001-eng.pdf

 

And the guidance to complete the form.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs001a-eng.pdf

 

Unfortunately Jobcentreplus aren't going to pay you assessment rate employment n support until the Tribunals Service have received and acknowledged your notice of appeal. Soon as you hear back from them, send your letter and Med 3 (unfit) note to the address on your last award letter. (Recorded delivery or at least keep proof of posting.) Did you ask the doctor to backdate the note from when the last one ran out? If so, you should receive payments from when your ESA was disallowed.

 

Best wishes, Margaret.

 

 

 

 

 

 

 

[RaeUK]

Thanks for the up to date info, Margaret.

[MW35]

Thank you Margaret very helpful, I am waiting for citizens advice to sort the appeal forms out for me and pick up my doctor's letter hopefully it should be early next week when I can send my appeal forms off, my sicknote that I got from my doctor last week is dated from 1 December for 13 weeks.

Thank you for your help

[honeybee13]

Hello there.

 

Has someone gone through the form that Atos filled in about you? When I had my tribunal, I went through that with a fine toothcomb and highlighted all the bits that were wrong and answers that contradicted each other. We put all that into our submission which is in the forum stikky.

 

HB

[MW35]

The citizens advice read through the atos form and said a lot of the report didn't make sense and contradicted itself, none of the questions I was supposed to have been asked were asked, as I was given a copy by citizens advice the points letter, I wasn't even indirectly asked the questions, I went back to citizens advice the yesterday with the referral refusal, he said he would sort the appeal out for me send me back the forms for me to sign and send with my doctor's letter.

[MW35]

I've still not heard from the appeal board after being kicked off ESA, but the appeal forms were only sent in about 10 days ago and with it being Christmas I expected a delay, I have a sick note from 1st December to be sent in when I hear from the appeal so I can get paid ESA while the appeal is going through, will I get back paid from 1 December or will they just pay me from the date they receive my sicknote?

Thank you.

[MW35]

anyone ?

[honeybee13]

Hello there.

 

I've merged your two most recent threads so we have a bit of history.

 

HB

[MW35]

how long do the appeals board normally take to get back to you? As I noticed they receive the appeal letter (ESA) as I used tracking on 30 December, but don't have a phone number to contact them, I have not had no money since 25 November and getting desperate.

Thank you

Edited January 8, 2015 by MW35

[honeybee13]

Hi. Do you mean the tribunals service? From your previous thread, that seems to be the stage you're at.

 

Where did you send the paperwork to? Maybe we could find you a phone number.

 

HB

[estellyn]

For you to get paid appeal rate ESA, the Tribunal Service would need to process receipt of your appeal and then notify the DWP who would then need to process your appeal rate ESA. Each stage of 'processing' can take weeks, and be aware there may be a backlog from the holiday period. Contact the DWP every few days to see if they have notification of the appeal and try to hurry them along once they've received it.

[MW35]

Thank you Honeybee, yes the appeals was sent to the tribunal I need to wait until I hear of them before I can contact the DWP with my sicknote to be paid at the base rate, well that's what I've been told anyway, the address was HMCTS, SSCS, appeals centre, PO Box 1203 Bradford BD1 9WP

Thanks

[dx100uk]

3 threads merged

 

 

please keep to one thread

 

 

dx

[MW35]

Thank you for the reply's I really appreciate everyone's help, it's good to know there are people willing to help out there,, will I get notified by the tribunal service also? And I have a doctors note from 1 December will I get back paid to that when it eventually gets sorted?, I also have a letter from my doctor explaining my condition to support my appeal but I couldn't get it in in time to send with the appeal due to the Christmas period I didn't want it not arriving on time, shall I send it in now or wait until I hear off them? Sorry about posting a different thread couldn't find the original.

[honeybee13]

MW, if you click on your username, it shows you all of your posts and all the threads you've started. That's how we find the old ones.

 

It's best to keep to one thread because the people trying to advise need the back story.

 

HB

[Conniff]

It's not DWP who set the rules - it's IDS and his lot.

 

Nice one Ian

[tommy456]

The WCA is not fit for purpose, and not everyone or their physical or mental illnesses will fit neatly into the WCA pigeon holes and they ALL know this and that is why so many have to go through all the hassle of appealing their zero point scores, the Idiot duncan smitt has even made that process harder by adding another layer of bureaucracy (Mandatory reconsideration) and no esa paid until appeal app received ,

IMO those who carry out the devils work are not innocent just because its their job any Doctor or nurse took an oath to put a patients best interests first not rely on descriptors and a computer program called Lima to determine if someone is able to work or not, do these people some who trained as doctors and nurses not have any morales ?

[honeybee13]

Could we keep the thread to advising MW please? They still have questions.

 

HB

[MW35]

Glad to say I received my letter from the tribunal today, the hering will be Cardiff do I send my doctor's letter to the Cardiff tribunal address, or the original address in Bradford where my appeal went?

Thank you.

[estellyn]

The original address unless it's too late to reach them before the hearing date.

 

Med certs still go to DWP.

[honeybee13]

I'm pleased you have the letter, MW. Progress at last.

 

HB

[Nystagmite]

You can send letters up to 7 days before the hearing date.

[MW35]

Am I right in understanding it can take months for the tribunal to be heard? If so I should have plenty of time to send the letter from my doctor to the original Bradford address then.

[honeybee13]

My tribunal took many months, but I believe they've been trying to speed things up.

 

But if you need documents to be there a week ahead of the hearing, you'd assume you'll have enough prior notice.

 

HB

[tommy456]

I was given an appeal date 1 week or so after they acknowledged receiving my application with the hearing date only 3 weeks away, So some appeal courts or whatever they are called are able to fast track people so don't rely on it taking months