Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2998 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

  • Replies 262
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

How long does it take before ESA close a claim down after getting appeal refused. My appeal was heard on 26 November and my claim is still live.

 

A few weeks would be normal. If they overpay you because they failed to implement the Tribunal decision in good time then that overpayment would not be recoverable.

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

  • 3 weeks later...

I am really really shocked and annoyed with how the Judge dismissed my appeal. I got my statement from the judge today and was SHOCKED to see what was on it.

 

The main bit that is wrong and libel actually is as followed:

 

The tribunal's judgment was that the appellant was neither a credible nor reliable witness. Our judgement was that the evidence he described was was given an exaggerated fashion with a view to self interest; We considered that the appellant gave his evidence simply to secure entitlement to benefit and did not provide the tribunal with an accurate picture of the extend of the disablement he experienced from his diagnosed conditions. We consider that a such view was buttressed partiuclary by the clinical finding and observations made in the course of the examination which in our judgement did not bouch the degree of difficulty which the appellant contented was the position.

 

This has really annoyed me, I went in and told them simply what my disability is. What my problems are i never went in with some elaborate story to make out my condition was worse than it is. I just told them what i suffer and how i find certain things difficult. I find judgement to be libel actually. My doctors letter backs up what is wrong with me.

 

What advice does anyone have. i feel like going mad!!!!

Link to post
Share on other sites

Not sure but ill quote what the rest if the report says

 

On the balance of probability we preferred the evidence as set out within the HCP's report *what is a HCP report* We did so having carefully considered all of the evidence within the report and having done so we were satisfied that the HCP was correct and find that no descriptors applied.

 

We would emphasise that when considering evidence the tribunal, where appropriate made use of the medical knowledge inherent within it.

 

We comment that our judgment on the appellant's evidence applied to both the descriptors which he contended applied to him and also to both his oral and written evidence where it was in conflict with that of the HCP.

 

I have no idea what HCP is. Everything in my WCA i basically just relayed that information and the additional questions asked. I didn't say anything fake or exaggerated, I was sitting there a nervous wreck so i wouldn't have it in me to go in and lie and make up stories. I also have citizens advice reps, I had 2 in with me who can vouch for me.

 

The the reason they told my citizens advice rep to why they refused isn't on the sheet. "They basically said he has no social experience to know how he would cope" So how do i know i cant cope. I told them i cant talk to people, i dont talk to people. i dont go places im not familiar with cause i worry. i dont go out anywhere, i dont socialise with anyone. I dont know what there playing it.

Link to post
Share on other sites

HCP = health care professional. It's the person who carries out the assessment for ESA.

 

I have to admit, this whole thing confuses me:

they said that you have o social experience, therefore, you have no idea how you'd cope. Yet, you would, at some point in your life, have come into contact with people and would know from there whether you can cope or not, depending on the situation, of course.

Link to post
Share on other sites

I am going to wait till citizens advice open in the new year and take the report to them.

 

Because the judges statement for refusal has really annoyed the hell out of me. Saying im lying just to get benefits.

 

It's the junkies and alcoholics that go in and play up and end up getting everything. I just want help to get better from my mental health issues. They basically just ignored my doctors letter which backs me up. I am going to go on a war path with these people!!!

Link to post
Share on other sites

I wasn't lying, And there's no proof i was. I have citizens advice reps to back me up.

 

So according to the statement from the judge he being libel towards me. And it's like a biased judgement based on I dont know what. But they didn't base their decision on my medical condition.

 

I supplied a letter from my doctor which basically states i have depression and anxiety, and agoraphobia with a constant low mood and i dont like to go out. with chronic asthma that gets worse around this time of the year because of the cold air but controlled with inhalers. My medication has been changed like 5 times since february and it's not helping me.

 

I've booked an appointment with my doctor for the new year. I am so annoyed actually.

Link to post
Share on other sites

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Long ass link coming up to a usefull PDF

 

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0CDMQFjAD&url=http%3A%2F%2Fwww.dls.org.uk%2Fadvice%2FFactsheet%2Fwelfare_benefits%2Fdisability_living_allowance%2FDisability%2520Living%2520Allowance%2520Appeals%2520%25282011%2529.pdf&ei=HHCoVLb3FuuP7Aagi4HwDg&usg=AFQjCNGSOp1IjE997UQyllYts9e4OSvRBg&bvm=bv.82001339,d.d2s

 

An error in law can be a number of things.

 

a. The tribunal were wring in their application of the law ie misinterepted a previous decision or statute

 

b. THERE WAS NO EVIDENCE TO SUPPORT THE DECISION THE TRIBUNAL CAME TO

 

c. The tribunal made the decisions after getting the facts wrong in the case.

 

d. A Breach of Procedure/ Breach of natural justice

 

e. The tribunal did not give adequate reasons for its decision.

 

f. If the tribubal accept a government medical report such as the one performed by ATOS over one of your GPS without giving good reason.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

  • 4 weeks later...

Apparently i couldn't appeal to upper tier even though the judge and dr slandered my name and treated me like a ******.

 

So anyway i've forgotten about all that, My appeal was november 26th, And my esa is still being paid to me. Is this normal that they continue paying. My sick note runs out on 18th february. Is this an error on their behalf or something or are they waiting for my sick not to end before ending my claim.... Confused.

 

Soon as they close my claim, i will just reapply for ESA. But i heard if you apply for ESA under the same condition after 6 months they send you for a medical quicker than the first time you apply is this true.

 

I even emailed my MP and she basically said i've exhausted all appeals processes. I'm not going to call DWP and tell them that i was denied my appeal, im not an admin for DWP so surely they cant come back and say it was an overpayment.....

Link to post
Share on other sites

If you apply for esa again within 6 months of your original fit for work decision (following your atos assessment) then you won't get paid until you've had another assessment, or unless you can prove significant deterioration of the same condition or show a brand new condition that wasn't previously stated. Otherwise usually best to wait until 6 months has past. Whether you get reassessed more quickly, I don't know.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

If you apply for esa again within 6 months of your original fit for work decision (following your atos assessment) then you won't get paid until you've had another assessment, or unless you can prove significant deterioration of the same condition or show a brand new condition that wasn't previously stated. Otherwise usually best to wait until 6 months has past. Whether you get reassessed more quickly, I don't know.

 

I got my decision from DWP that i failed my atos medical on 23rd july, So 24 of january is when i was told i could re apply using the same illness, So that's 6 months from the decision date.

 

But im just curious to why DWP are still paying me ESA even though my appeal was refused.

Link to post
Share on other sites

Delays, lost notice, things like that possibly.

 

Be careful though with continuing to receive the ESA - yes for a period of time following the appeal it is reasonable for the claimant to believe that the Tribunal's service will inform the dwp of the outcome of the appeal and that any delay might be due to workload, christmas etc. However, past a reasonable time, you should really let them know - just in case the notice was lost.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

  • 2 weeks later...

So today i called DWP/ESA and they told me my claim was closed as of today 12/02/2015. I had my appeal refused on the 26th of november and that was them just closing. While speaking to the agent i said will reclaim using the same illness and she told me it's from the decision of the appeal. I told her thats incorrect and it's from the decision of the medical which was the 23rd of july 2014.

 

So can i make a new claim for ESA now for stress and anxiety and asthma which was on my previous claim that got refused.

 

Also can you take sick notes to the JCP and get them scanned for new claims or does it need to be sent back in the envelope, i want to try and get my claim processed as fast as possible.

Link to post
Share on other sites

It was meant to be 13 weeks; but I don't know of anyone who has waited just 13 weeks.

 

Have you received an ESA50 yet?

 

I have never waited more than a few weeks after submitting ESA50, does seem to be a postcode dependent wait, although maybe I got prioritised for whatever reason.

Link to post
Share on other sites

I phoned ESA today and there adamant that the 6 month rule applies from the tribunal date and not the original medical refusal.

 

I am kinda annoyed and worried now. I was told by citizens advice i could reapply for ESA on 24th january as that's six month from the original date. Now im being told i cant reapply till 6 months from 26th of november 2014. My original esa medical was 23rd july.

 

Can someone help me cause im really stressed out now.

Link to post
Share on other sites

I phoned ESA today and there adamant that the 6 month rule applies from the tribunal date and not the original medical refusal.

 

I am kinda annoyed and worried now. I was told by citizens advice i could reapply for ESA on 24th january as that's six month from the original date. Now im being told i cant reapply till 6 months from 26th of november 2014. My original esa medical was 23rd july.

 

Can someone help me cause im really stressed out now.

 

Have you applied? As long as you've applied,then you can always challenge the decision if they make the wrong one - A relatively quick procedure.

 

Who is the person you were talking to? was it a phone monkey on the helpline?

 

There are changes to this coming, but not until April.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...