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    • jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
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    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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Informing DWP of changes - when?


Nystagmite
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lol!

 

A few more questions:

 

1) Am I still required to attend the work programme whilst signed off sick?

 

2) Can I still volunteer whilst in the assessment phase?

 

 

1. As far as I know the WP would only apply if you were placed in WRAG not Support group..assuming your question is regarding ESA...and only then after assessment 13 week (yeah and the rest!!!) period. Would also depend on what the decision said about your return to work status..ie within 6m or whatever....

 

2. I gather that as long as you declare what you do they welcome volunary work being done and in fact for ESA purposes that can exclude you from the risk of a placement.

 

:-)

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Thank you :) The WP question was more about during the assessment phase.

 

 

The assessment phase has little involvement from JCP unless you want it let alone WP! I am going to look back on those times with a pang of regret when my WCA decision arrives soon, I know....:|

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lol!

 

A few more questions:

 

1) Am I still required to attend the work programme whilst signed off sick?

 

2) Can I still volunteer whilst in the assessment phase?

 

1) If you are placed in the WRAG you can be required to attend WFIs and a few other things (sorry, I can't recall what they are because the rules seem to change weekly) but AFAIK participation in the WP is not mandatory. If, however, you do volunteer for the WP you can be sanctioned if you don't comply with its terms. If you're placed in the Support Group all work-related activity is voluntary.

 

2) Yes, you can.

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.

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  • 2 weeks later...

Confused:

 

Closed JSA claim on July 2nd. Sick note runs from the 2nd; so the lady wrote my last day for JSA was 1st. Received letter from JSA yesterday stating that JSA claim has been closed because I'm claiming another benefit.

 

Letter from ESA yesterday says claim allowed from 6th, something about waiting days.

 

I'm sure I was told that assessment rate is paid up to week 13 (or 14) / whenever you get assessed. If assessed after week 13 / 14, the component is back dated.

 

I'm not even on week 2 yet and have already been sent a form to fill in.

 

I do not know what to do now. I understand that not sending in any more sick notes means no more ESA. I want to work and need to work. I am unsure if I should fill this form in? I've been given until August 10th to fill this form in.

 

In reality, I should get into the support group and am seriously limited to what job I can do; due to damage to ears and sight loss. (many noises are painful)

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Nystagmite, thats bad luck that you have received your ESA50 so quickly. Unfortunately, you must complete the form and send in with as much supporting medical evidence by the deadline. I would send it by Special Delivery around 7 or 8 August. If you do a bit each day it wont be so daunting. I have to complete my mother's ESA50 everytime as I am her DWP appointee. I cannot emphasise enough to send in supporting medical evidence and ask your GP for a letter although you may have to pay for it.

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When you sign on to ESA there is a three day waiting period where they do not pay you anything...this seems to apply whether you are moving benefits or not....seems that they have taken 2nd as the last day if 6th is first day of ESA claim.

 

And yes it does seem very early to have the form but as joeblogs says, it has to be done...:|

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Nystagmite, this happened to me too, from what I had read about all the delays I thought when I claimed I would wait months to receive my 1st ESA50 but I got it just a week or so after I made my claim. I had filled it in and was assesed well before my inital 13 weeks were up and although I was successful I of course had to wait several weeks for my full payments to start, in fact I am barely into my "offical" ESA time and I am already being reassesed. I think depending on where you are they are very up to date and even ahead of schedule with the process. To be honest I am not sure how useful this is leaving people just a bit longer might give them more time to recover and get better, and for those who won't get better it and for all really it is a huge strain.

 

I know for me the minute that form comes through the door its all I can think about worrying about it, my health and the future when really I should be focusing on getting better, I swore that this time I would do my paper work calmly, send it off and not panic about it but how can you not?

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this seems to be fairly normal..but getting the form and then waiting for assessment seems to vary widely about the country...my daughter who is now on ESA for depression had her form on week 2 we are now onto week 16 and no sign of assessment date...she did have one date but that was cancelled by them..and told her to wait and they would be in touch.....

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Confused:

 

Closed JSA claim on July 2nd. Sick note runs from the 2nd; so the lady wrote my last day for JSA was 1st. Received letter from JSA yesterday stating that JSA claim has been closed because I'm claiming another benefit.

 

Letter from ESA yesterday says claim allowed from 6th, something about waiting days.

 

I'm sure I was told that assessment rate is paid up to week 13 (or 14) / whenever you get assessed. If assessed after week 13 / 14, the component is back dated.

 

I'm not even on week 2 yet and have already been sent a form to fill in.

 

I do not know what to do now. I understand that not sending in any more sick notes means no more ESA. I want to work and need to work. I am unsure if I should fill this form in? I've been given until August 10th to fill this form in.

 

In reality, I should get into the support group and am seriously limited to what job I can do; due to damage to ears and sight loss. (many noises are painful)

 

You are lucky!!

 

When I first put a claim in they arranged a face to face assessment with ATOS BEFORE I had to return the ESA50!! In fact I actually returned the ESA50 the day after the assessment was carried out and I was still within the time limit of returning it!!

 

When asked about it I was told that the assessment was arranged because of the condition my GP put on the 'sick note'.

 

This clearly shows that despite what was supposed to happen - review in the light of the information contained in the ESA50 to see if an assessment is appropriate, doesn't always happen.

 

The assessor knew nothing about me when he started the assessment other than what was shown on the 'sick notes'. It started badly - I couldn't even remember what medication I was on and what the dosage was, and then it went from bad to worse, when I was told not to elaborate too much with my answers as he preferred a 'yes' or 'no' reply! So I did!! Managed '0' points for my trouble.

 

I'm hoping that the review at the end of this year will be a little more fairer in that I am able to send the ESA50 back before they decide to have me in!!

 

Ironically one of conditions I have and one of the drugs I take, according to their list of who to call for a face to face assessment, precludes me from having a face to face assessment as I am in Cat 1.

Edited by hensteeth
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On the form, it asks for GP details. I am registered at a GP surgery; but am not registered with a particular doctor. I was told for DLA to write the name of the surgery in the first line where it asks who your GP is. Do I do that for the ESA50?

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Will you be asking for any WCA you are asked to attend to be recorded?

If so, put in the ESA50 in 'other information' I think it's page 56 but could be wrong. Nothing flash just plain simple, I want my WCA to be recorded.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

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SKY TV and the penalty charge - how far will it go?

 

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Just a thought Nystagmite, when you see your GP next week would he/she be able to write a letter in support of your illness and possibly say that you are too ill to attend a WCA? Also you can complete the ESA50 by downloading the PDF version and typing it rather than getting writers cramp (you probably already know this but thought I would mention it)

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OOPS! Sorry don't know where I got 56 from then......... thanks for correcting me:-)

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Thanks. :)

 

I have the PDF version on my PC. I will be asking for my WCA to be recorded. I am going to get a letter and am going to ask my GP to argue that going back to work will make my physical and mental health worse.

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That's great news, the more people who ask for a recording the better.:-D

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Your GP should put down how your illness etc effects you in day to day life, what you can and (more relevant!!) can't do because of it.

 

Having claimed DLA you'll have a good idea of what is required, just bare in mind that you need to match the ESA descriptors - not just show you're ill. Try and take some time to look them up and show how you match each of the relevant ones and have your GP back that up in his/her letter.

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Unsure what to do now:

 

Saw GP today and brought up the stuff about ESA / fit note. He has said that I should be ok to go back on to the work programme, despite the ongoing issues I'm having with them. (given their attitude, I do not believe this is ever going to be resolved and they're just going to make everything as hard as they can)

 

He gave me a fit note stating I am fit for work (nothing's changed) and that adjustments need to be made. He said that I should still in my ESA50.

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Nystagmite think of it this way

 

If they didnt send you the form you have to send in sicknotes (which for me was a real pain) and you stay on assessment rate for as long as you in that situation.

 

If they send you form and you have WCA, then if you fail you appeal probably gap in payments whilst waiting for appeal to be processed but then you back on assessment rate and sicknotes as you were anyway, but if you get the points then no more sicknotes and higher money. So as a new claimant I would want the form earlier not later, especially as now your GP is been uncooperative meaning without this form and a passed WCA your payments may well stop.

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Thanks. He knows I'm ill and it's extremely unlikely I'm going to find a job which fits my requirements.

 

There is no way I can take part in the work programme and he knows there's no alternative - I have to take part. I can't.

 

He claims it's because he doesn't want me to spending my life on benefits. Where have I ever said that's going to happen? I just need a few months off to sort myself out.

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