DWP knocked me off ESA because i couldn't attend my medical

[missy2006]

Last June i was supposed to go for my ESA medical but my son in law died on the same day with cancer

so obviously i had to be there for my daughter as much as i could,

 

 

phoned the medical people up explaining why i couldn't attend.

They said they would send another appointment out which was took until May 10th (Sunday) but before then my back had gone off

and i was bed ridden so i had to phone them up and explained i was in bed with a bad back

,the person was fine about it and said they would send another appointment out

 

 

on Tuesday 19th May i received a phone call from someone from the ESA who by the way was very nasty to me on the phone,

said your benefits have been stopped because i hadnt attended the medical,

 

 

i had to go for an appointment with someone at jobcentre plus on Thursday 21st May.

i went yesterday with a struggle and had an appointment with a lovely lady who as soon as she saw me struggling

that she said there wasn't anything she could do for me because in order to get jobseekers allowance

the person has to be fit for work, and she said its clear to me your not fit for work.

 

She said i had to get back in touch with ESA and to try and get back on.

Today i phoned a lovely man who said he would put in an appeal with ESA to get it reinstated

and if the appeal wasnt successful i would have to go to a tribunal.

 

 

What was alarming was he stated i wouldnt get any money at all until i get a decision which he stated could take upto 2 weeks.

 

How am i supposed to live with no money coming in bar what i get in DLA,

my housing benefit has been stopped so how am i supposed to pay that.

 

 

I feel iam being penalised for being disabled,

i suffer with mental health issues as well so not only am i in constant pain

i feel like killing myself with the added stress this is causing.

 

 

Maybe that's what this government wants people that have Mental Health issues

or physically disabled killing themselves just to get the figures down.

[Sparks_]

Missy contact your local council and tell them you wish to restart your HB due to nil income,

I think there is a form you need to fill out. Sorry cant help you with the esa though

[missy2006]

Thank you Sparks i will get in touch with them.

[missy2006]

Can someone help please

i received a letter from the DWP stating they were not allowing my appeal so where do i go from here.

The woman at the jobcenre plus stated iam not fit for work yet these people at the DWP state im not eligible for being on ESA.

Their excuses were that i had missed appointments in the past which was in 2013 which i cant remember

but obviously i wouldn't deliberately miss an appointment because of the threat of being sanctioned.

 

What has me upset the most is that they said one of the times was in 2014 when my son in law

who died on the very day of my medical assessment from cancer at the age of 27,

 

 

they said in this letter that he was just in hospital so it wasn't a good enough reason to miss the medical which is disgraceful,

as he had died 3 hours prior to my ATOS appointment

 

 

.How could i go to anywhere but to be with my daughter at this time she had just lost her husband.

I had every intention of going to the ATOS medical my sister took a day off work to take me so i wasnt not intending to go.

 

 

So iam left with no money bar the DLA i get to live on, ive had to borrow money from my sister to help tide me over until i can get some money.

 

I have the woman from the jobcentre plus words ringing in my head stating that in order to be eligible for jobseekers allowance,

a person has to be fit for work, actually going out looking for work which iam not able to do,

so how exactly do i get benefits when one person says im not fit for work (jobcenre plus) and the other stating im not eligible for ESA (DWP).

 

 

Exactly what can i do, can i go to my GP and ask them to help me in some way which i doubt they can anyway

who exactly can help me get this sorted because as ive stated in a previous post i feel iam being discriminated for being disabled.

 

Do the DWP think i go to the hospital every couple of weeks for physio for no reason,

surely the people i see know how bad iam hence why i go all the time. Also the amount of tablets im on

do the DWP think iam on them for no good reason do they think GP's dish them out to anyone who asks

, they see how bad iam hence they subscribe them because i actually need them to help me get through the day.

[tommy456]

You can no longer appeal a decision you have to firstly request a mandatory reconsideration from a DWP decision maker,

 

 

You normally have 1 mths from the date on the letter to do this, only if they do not change the original decision can you appeal to a tribunal

 

 

, you can't be paid ESA whilst awaiting the MR unless you can prove your condition has worsened

 

 

or have new medical conditions so would be making a new claim for ESA and starting again

[missy2006]

They have not changed their original decision thats why in my 2nd post ive said i was upset by them saying my son in law who died 3 hours before my medical to them wasn't a good enough reason to miss the appointment. I bet if i were from another country they wouldn't treat me this way just in case i said they were being racist.

[tommy456]

So you have had a MR? if so you should be able to appeal that decision, if not then start a fresh claim for esa

 

Let me just go through this with you for clarity , You failed to attend the Atos wca, although you have good reason for not doing so,

 

From this FOI request i can see that they apparently only allow you to re schedule the wca once

https://www.whatdotheyknow.com/request/255582/response/633744/attach/html/2/FOI%20794%20reply.pdf.html

Although this obviously doesn't apply to requesting an audio recorded interview or change of medical centre due to access suitability

 

So then you requested a MR which was the result of was the same so the original decision stands ,? if so you have the right to appeal to a tribunal , ESA will be paid or should be paid once the appeal has been acknowledged by HMCTS and DWP has received this , You ideally should submit your application within 4 weeks of the MR

 

In the mean time if you have a new or your existing medical condition was worsened you can make a new esa claim subject to evidence from your GP

[missy2006]

tommy thank you so much for your reply, i had to look to see what MR was but i found out it means mandatory reconsideration.Iam going to my local CAB tomorrow and i will ask them about that SSCS1 form. I don't think the death of my daughters husband 3 hours before my medical was an unreasonable thing for me to cancel my appointment.for them to say he was just in hospital and my cancelling wasn't a good enough reason is disgraceful.

[honeybee13]

Hi Tommy. You've had three goes at posting what you said above, so I've removed two of them. If you can't see what you just posted, try using the refresh button on your browser.

 

HB

[tommy456]

tommy thank you so much for your reply, i had to look to see what MR was but i found out it means mandatory reconsideration.Iam going to my local CAB tomorrow and i will ask them about that SSCS1 form. I don't think the death of my daughters husband 3 hours before my medical was an unreasonable thing for me to cancel my appointment.for them to say he was just in hospital and my cancelling wasn't a good enough reason is disgraceful.

What you or i or any other rational person may think is good reason seems irrelevant when dealing with ATOS/DWP ect , The CAB should be able to give you good advice once you see one of their advisers who specialise in this sort of thing

Though i would get the appeal in ASAP the form is in the linky, just print it off, and complete it if you can if not CAB will sort it out and help you complete it if needed,

 

Hi Tommy. You've had three goes at posting what you said above, so I've removed two of them. If you can't see what you just posted, try using the refresh button on your browser.

 

HB

 

HB don't quite know why i had posted the same thing so many times i didn't intend to do that, come to think of i didn't even know i had , but thank's for removing the copies

[missy2006]

On the 8th October i had to go to a tribunal because the DWP knocked me off ESA because i couldn't attend my medical because i was flat on my back at the time.

 

 

Ive had no money bar what i get in DLA for 5 months

ive had to borrow money from my family just to pay my bills.

 

 

As i say i had to go to the tribunal and the judge awarded in my favour but said even if your really bad still turn up because this government will take any opportunity to knock people off.

she did say as well they no doubt will send out another appointment very soon for me to go for another medical.

 

What i want to know is when will i get all my money back that i was not paid for the 5 months

ive been waiting to get this sorted out, and do i have to do anything to get back on ESA or is that done automatically.

 

I really need that money back because i owe a lot of money i borrowed from my family.

[obiter dictum]

When i was unlawfully sanctioned i got all my back payments 14 days after the tribunal decision

[Bazooka Boo]

The arrears are usually paid quite quick, my 30 month ESA arrears were paid within four weeks of the judges decision.

 

If you were on ESA at the time then you should automatically be placed straight back on it, and depending on what the 'prognosis' was will dictate how soon you are called back in for another interrogation.

[missy2006]

Thank you both for your quick reply its much appreciated. as ive said ive had no money bar the little i get in DLA to live on. If i didn't get that exactly what do the DWP expect me or others in the same boat to live on. Its shocking they can get away with such practices.

[Bazooka Boo]

They don't care what you have to live on, they'd much prefer you to die, commit suicide, or give up and stop claiming.

[missy2006]

So in other words id be better off being an Asylum seeker than being myself, as id be treated fairer. This country stinks to the high heaven.

[obiter dictum]

Asylum seeker????

 

Now you have lost my respect

 

What the Frac has an asylum seeker got to do with anything?

 

Many of us pure blood white anglo saxons have been through this with appeals to the tribunal service and DWP fascists. We know what it is like to have no money and live off tins of beans and no money for the electric metre. And i did not even have that luxury of DLA either

 

And you come onto this forum asking for help as well

 

I am out of here

Edited October 15, 2015 by obiter dictum

[trebormoinet]

So in other words id be better off being an Asylum seeker than being myself, as id be treated fairer. This country stinks to the high heaven.

I am sure if you met an asylum seeker and listened to what they have suffered your own woes would pale into insignificance, have you an example of how you think they are being treated more fairly, that might shed light on why you feel this way.

[missy2006]

Asylum seeker????

 

Now you have lost my respect

 

What the Frac has an asylum seeker got to do with anything?

 

Many of us pure blood white anglo saxons have been through this with appeals to the tribunal service and DWP fascists. We know what it is like to have no money and live off tins of beans and no money for the electric metre. And i did not even have that luxury of DLA either

 

And you come onto this forum asking for help as well

 

I am out of here

 

I don't know why your getting annoyed its a fact an Asylum seeker would be provided with food and whatever else they needed if they were in this country, they wouldn't be left with hardly nothing like some people. Nothing racial in what ive said if thats what your getting at. And you are lying saying you have lived on nothing what so ever i don't believe you one little bit.

[missy2006]

I am sure if you met an asylum seeker and listened to what they have suffered your own woes would pale into insignificance, have you an example of how you think they are being treated more fairly, that might shed light on why you feel this way.

 

Im not disputing what they have suffered all im saying and it was just an example was they wouldn't be treated the same way the DWP treats people that are disabled.

[obiter dictum]

Having worked with asylum seekers in my position as a trade unuion rep i can say take the blinkers off and look at real facts, not the facts from the Daily Mail or Express

 

For the record an asylum seeker receives a maximum £27.00 a week paid for by the HM Border agency while the claim is being assessed

 

The Border agency then claim that cost back direct from either the EU or UN

 

It is not a UK Benefit but paid as the UK is a signatory to the humanitarian treatment of refugees

Edited October 15, 2015 by obiter dictum

[honeybee13]

Can I just say that this thread is about advising missy2006 and not discussing asylum seekers. Unfortunately missy did mention that in anger I imagine, but could we get back to discussing how missy could get some income in her circumstances please?

 

HB

[honeybee13]

missy, I'm sorry. I'm trying to keep your thread on topic so I've removed your post. Please can we drop the asylum debate and keep with the subject in hand? Otherwise you won't get the advice you would like.

 

HB

[missy2006]

Can I just say that this thread is about advising missy2006 and not discussing asylum seekers. Unfortunately missy did mention that in anger I imagine, but could we get back to discussing how missy could get some income in her circumstances please?

 

HB

 

 

Thank you honeybee13 i mentioned them just as an example nothing more, and it wasn't out of anger with Asylum Seekers but the DWP and them not giving me anything for over 5 months.

[honeybee13]

I understand that. Shall we get back to your current problem now?

 

HB