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

[tommy456]

At least i had the bit of DLA to live on but what if you were not on DLA how are you supposed to feed yourself and heat your home.Iam still massively in debt to my family as the DLA i get didn't cover the outgoings i had to pay.

They would say that there wasn't anything preventing you claiming JSA only to without any doubt ending up getting sanctioned within a short period of time

[missy2006]

Well the last time i went to my local Jobcentre Plus the woman i saw stated i wasn't fit enough in her opinion to look for work so i couldn't claim JSA. Saying that if i did claim JSA what would happen to the backdated money they owe me would i have still got that or not.

[jason2723637]

"They stop peoples money when they want but when they have lost a case against you they don't rectify it"

 

here here.....and they don't rectify it quick enough but stop ya money quicktime!

 

btw you I assume have already rang em about being put BACK ON ESA why they not don't that YET? what they answer (I was only speaking about the back dated claim in my previous post with regards to being patient)

[missy2006]

I have not phoned them yet i thought it would be automatic that i was put back on but ive not had anything from them regarding this. I have had a letter today regarding my backdated money, ive had to fill in a form with my details they need but nothing regarding being put back on my normal benefits.

 

I don't know if i should leave it to my local MP who is looking into it or ring them myself. Ive just this minute had a letter from my local MP as i was typing this who has forwarded my enquiries to the MP Liaison team for JCP and she will get back in touch when she receives their reply.

[missy2006]

Well ive had a reply from the DWP saying im getting back on the benefit i was on but ive not had my backdated money yet, and today they have sent me a letter stating i have to have a medical in 2 weeks time. What happens if i go and they knock me off and i still haven't received my back-payments will i still get them.

[antone]

Yes, you'll still get the backdated payments even if your next medical finds you fit for work.

[missy2006]

I might be over thinking this but with me getting my local MP involved will this have hastened the DWP in making me go for a medical or am i just being paranoid.

[antone]

I might be over thinking this but with me getting my local MP involved will this have hastened the DWP in making me go for a medical or am i just being paranoid.

 

Well, it's an understandable thing to think but no, getting your MP involved won't have hastened the process. When was your first medical, the one that you appealed against?

[missy2006]

It was the 10th May antone. My head is done in at the minute because ive just been charged £150 (£100 fine) from the NHS for dental treatment i thought i was exempt from paying.

[tommy456]

You need to ring them and explain your circumstances ,

[Bazooka Boo]

It was the 10th May antone. My head is done in at the minute because I've just been charged £150 (£100 fine) from the NHS for dental treatment I thought I was exempt from paying.

 

You MUST defend that, is there anything on their letter to tell you how you can appeal?

[antone]

It was the 10th May antone. My head is done in at the minute because ive just been charged £150 (£100 fine) from the NHS for dental treatment i thought i was exempt from paying.

 

Ah, right - that is quite a short time between medicals. Not unheard of, but certainly on the shorter side of normal, if you see what I mean.

 

And I agree with Bazooka Boo: you should appeal against the fine from the NHS. Since you were successful at the Tribunal, it's likely that you should have been entitled to free treatment and the fine should not have been imposed.

[missy2006]

I will phone the welfare rights on Monday and see what they can do if anything.

[Tawnyowl]

Hi missy2006.

Just came across your thread.

What a time you have had.

I will just try to find some information for you about dental appeals and anything connected.

As you have just said you are ringing the Welfare Rights people on Monday.

 

Just for others a link for the Welfare Rights people.

It is surprising how much money is unclaimed.

Welcome to Welfare Rights on the Net.

http://www.welfarerights.net/home.php

 

I would be ringing the DWP on Monday as well.

It is clearly time for you to receive some paperwork.

In your situation you can clearly pay no fine.

And without paperwork it is perhaps hard to appeal.

 

Some info,i will find more.I am on the site now.

NHS Dental Services

Welcome to the NHS Business Services Authority Knowledge Base, the place to ask us anything you need to know

http://contactcentreservices.nhsbsa.nhs.uk/selfnhsukokb/AskUs_Dental/template.do?name=What+documents+can+be+used+to+show+I+am+entitled+to+free+NHS+Dental+Treatment%3F&id=16180

 

Penalty Charge Appeals Process

This guide outlines the steps of the appeals process for NHS dental treatment penalty charges.

You can make an appeal when you think the penalty charge has been applied incorrectly and you

want us to review our decision

http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/Appeals_Process_Patient_View-Final-27062014.pdf

 

Will pop back later today and see how you are.

You must be feeling tired of this by now.

But looking optimistically it sounds like you are nearly there now.

Thank goodness.

You have been through a lot in the last couple of years..I read your thread post by post.

Take care missy 2006 i will follow your thread

[missy2006]

Thank you all for your help its much appreciated.

[jason2723637]

not being funny but with the appeals process I thought when it was overturned at tribunal you would be put in one of the ESA groups for a (quite long) period of time say for 1 year or 3 years depending on your health condition with no need for another medical in that period?

 

if someone has been found in favour at tribunal but failed there WCA due to points which is common they gotta go through the WCA MR then tribunal cycle again and again? it don't seem logical hence I thought at tribunal once put in one of the groups for a period of time (year or years) you don't have a medical or WCA within that time. unless obviously it was set for say a year then being backdated it may mean the WCA may be up again in 6 months

[missy2006]

No i went to the tribunal because the DWP took me off ESA because i did not attend the medical because i was bad in bed with my back, it wasn't because i didn't get the relevant points.

[Tawnyowl]

Hi missy 2006

Hope you are feeling ok this morning.

I read your thread through post by post and it is important to others who come this way to do the same.

Then you can see the full picture of what has happened,understand the situation fully.

 

Many people and the site team have posted information and support throughout the thread.

I fully understand how you must feel.

But hopefully this week surely the situation will be sorted out.

Best wishes and keep us updated when you make those phone calls tomorrow.

No harm in asking is there.

They are only ordinary people on the phone and surely themselves will be happy to help you.

Welfare rights and the DWP do you feel missy 2006 this is correct.Maybe the DWP first for a update.

And of course if you feel like it.

http://www.nhsbsa.nhs.uk/DentalServices/Documents/DentalServices/Appeals_Process_Patient_View-Final-27062014.pdf

How to appeal

Write to us, explaining why you think the penalty charge has been applied incorrectly

Please send your written appeal to us via;

 Email: [email protected]

 Post: NHSBSA Appeals, PO Box 321, Darlington, DL98 1AL

Please note when you write to us, clearly indicate on your email/letter the word “Appeal”

 

Relieve some stress hopefully.

Bye for now.

Tawnyowl

[antone]

No i went to the tribunal because the DWP took me off ESA because i did not attend the medical because i was bad in bed with my back, it wasn't because i didn't get the relevant points.

 

I completely forgot about that - my apologies, I know you did say this earlier in the thread.

 

In that case, it's not at all surprising that they've called you in for a WCA so soon. Annoying, yes, but not surprising.

[missy2006]

Thank you Tawnyowl/antone for all the info its much appreciated, i will phone them up tomorrow.

[missy2006]

Well ive just checked my bank and ive been paid my backdated money they owed me. Regarding the hassle with the dentists, i had to go to the DWP and they put on the form that i was on benefits at the time so i sent this off but ive not had any reply from them as yet. I hope they have received it because i only had 28 days before i incurred a further fine, maybe i should phone them up to see if they received it.

[Bazooka Boo]

Well that is good news, as for being fined on top of the fine, forget it IMO, if the DWP have confirmed your were in receipt of social security, then it will wipe out the first 'fine'.

But if you want peace of mind, then by all means ring them, but ensure you don't get drawn in to any protracted discussion with them.

[missy2006]

Yes that's a good idea Bazooka Boo.

[missy2006]

Well it just gets worse. today i had a call by the DWP stating ive been knocked off ESA the woman said my money stops from today along with my housing benefits, she didn't tell me if i got any points she just said they would send the letter out today. she also said i would have to sign on jobseekers and i said what's the point in that, the last time i went to the DWP they said i wasn't fit to get a job and she said there will be a job that you can do. i said i need a hip replacement she said still there will be a job you can do.

 

How can they leave people to try and survive on fresh air how are people supposed to feed themselves this country stinks and i cant wait till im out of it all.

[missy2006]

Sorry i must of forgot to say i had to go for the dreaded medical on the 24th November 2015 and obviously i didn't receive the required points more than likely i got 0. The person i saw was a male nurse, can someone please explain to me what expertise does a nurse have to assess someone with mental health issues, how can they possibly have the expertise to assess anyone.

 

If someone goes to one of these medicals surely they must have someone who is an expert in these matters. You wouldn't let a GP to do an operation on someone so why do they let people with no expertise in mental health to assess someone and say they are fit for work.