Not entitled to benefit urgent advise please needed please please

[Nystagmite]

if it's been 6 months since the original decision or your condition has got worse, you can make a new claim. There's no limit on how long you can get help with your mortgage whilst on ESA.

[sparky1966]

hi thanks for prompt reply during my claim on esa i got a second illnes that i still have but i do have on my sick notes would i be ablr to claim for this if i lose on the original

also do you mean 6 months from the esa doctor assesment

 

if it's been 6 months since the original decision or your condition has got worse, you can make a new claim. There's no limit on how long you can get help with your mortgage whilst on ESA.

[sparky1966]

hi guys could i get some more info on this i am from n, ireland

 

I have been on ESA for a while, back in February i did the ESA medical and was notified in march that i failed with nil points

 

I did appeal that decision and was put back on ESA awaiting for a tribunal hearing which is tomorrow and im not looking forward to it i have a very bad flu and dont feel to well did ask them to move it to the following week if possible but it was refused

 

On the recent post reply it was stated that after 6 months from the original decision you can claim again is this correct and is this from notification of the failed medical

another question is would it it be worth doing the tribunal in this case if you can claim again so soon

 

I need to have myself sorted before tomorrow in case i lose and from what i have been told from our tribunal not many win

 

sorry to ask so many questions but this is the only place where we can get good advice from

[osdset]

hi guys could i get some more info on this i am from n, ireland

 

I have been on ESA for a while, back in February i did the ESA medical and was notified in march that i failed with nil points

 

I did appeal that decision and was put back on ESA awaiting for a tribunal hearing which is tomorrow and im not looking forward to it i have a very bad flu and dont feel to well did ask them to move it to the following week if possible but it was refused

 

On the recent post reply it was stated that after 6 months from the original decision you can claim again is this correct and is this from notification of the failed medical

another question is would it it be worth doing the tribunal in this case if you can claim again so soon

 

I need to have myself sorted before tomorrow in case i lose and from what i have been told from our tribunal not many win

 

sorry to ask so many questions but this is the only place where we can get good advice from

 

If you fail to attend the appeal in all probability you will lose, paper hearings rarely come out in the claimants favour, you have nothing to lose by attending. You can make a fresh claim for ESA six months from the date you failed the assessment.

[sparky1966]

Hi guys

 

Would like to thank all on here for the help in getting through the last year or so with our ESA claim

a quick breakdown

july 2011 signed on for ESA

february 2012 had medical

march 2012 recieved report scored nil points

appealed decision with all your help here

january 2013 today had appeal and won a total of 15 points awarded to me 9 points in one descriptor and 6 in another the notice of decision states the appellant satisfies the esa conditions the schedule 3 entitlement is refered back to dept can anyone explain what this means

 

so it does pay to stick at it

 

would anyone no what group i would be in as dont really understand these groups both seem the same

also would we be entitled to anymore money as have read the is extra amount for the 2 groups once you have sucedded

 

we have been getting income based esa for a couple at £111 a week any other advice would be greatly appreciated

[sparky1966]

Hi guys

 

sorry did [post this some where else by mistake

 

Would like to thank all on here for the help in getting through the last year or so with our ESA claim

a quick breakdown

july 2011 signed on for ESA

february 2012 had medical

march 2012 recieved report scored nil points

appealed decision with all your help here

january 2013 today had appeal and won a total of 15 points awarded to me 9 points in one descriptor and 6 in another the notice of decision states the appellant satisfies the esa conditions the schedule 3 entitlement is refered back to dept can anyone explain what this means

 

so it does pay to stick at it

 

would anyone no what group i would be in as dont really understand these groups both seem the same

also would we be entitled to anymore money as have read the is extra amount for the 2 groups once you have sucedded

 

we have been getting income based esa for a couple at £111 a week any other advice would be greatly appreciated

[Nystagmite]

It sounds like work related activity group. (WRAG). You'd get a back dated payment (around £28 a week I think) and this will be back dated to week 14 of your claim.

 

Well done!

[sparky1966]

Hi all

 

could someone answer a quick couple of questions for me

 

ill keep it brief claimed ESA in 2011 go no points fought it all the way to appeal and got my 15 points

 

this took to january of 2013, have just reicieved a letter explaining i have been put in the wrag group can someone tell me the amount for this they say it is £26.75 the reason i ask is i dont believe anything they tell me

 

and secondly with the award i was due money which was backdated to time of claim so had a good amount to get off them but then surprise at bottom of letterit states we have not credited you with this amount yet as we holding details of a possible overpayment we are checking whether recovery must be made if you do not hear from us within next five days please contact our office

 

now for a fact i have never been paid or overpaid ESA so has anyone found themselves in this situation or is this normal

[Nystagmite]

Have you been overpaid on other benefits?

[sparky1966]

Not that i know off was on JSA for a short while before this but certainly never got overpaid and have never been asked for anything up to know this is a mystery im from n. ireland have tried phoning but get told to call back later by an answering service and hangs up

[time4change2]

i would call them up and ask to speak to the payment department to get clarification on this and to see what they think has been over paid and from which benefit

[antone]

i would call them up and ask to speak to the payment department to get clarification on this and to see what they think has been over paid and from which benefit

 

Yes, do this. The ESA computer system (known as JSAPS) will automatically withhold arrears payments if it thinks there has been an overpayment in the past. It does this even if the amount of the possible overpayment is much less than the arrears that are due, and there's no way for a regular processor to override it.

 

What then happens is that a report is generated for a member of the overpayments team to look at and determine whether there is really an overpayment or if it's a computer or human error. Definitely worth calling to make sure this process is underway.

[sparky1966]

Yes, do this. The ESA computer system (known as JSAPS) will automatically withhold arrears payments if it thinks there has been an overpayment in the past. It does this even if the amount of the possible overpayment is much less than the arrears that are due, and there's no way for a regular processor to override it.

 

What then happens is that a report is generated for a member of the overpayments team to look at and determine whether there is really an overpayment or if it's a computer or human error. Definitely worth calling to make sure this process is underway.

 

hi there

 

i contacted the esa office on friday eventually got through after 35 attempts i was told that the part where it says there had been an overpayment goes out on all the letters once you have your award the bit i cannot understand is it also states if you havent heard from us within the next 5days please call and when you call they dont understand why you are calling

the guy also told me although i had tribunal on 10th jan they never knew until the 26th jan and was updated on their system on the 31st but told i wont have arrears to end of feb/march time which is far to long

bet you if i had lost the appeal they would have known in a few days

[Sharron hynd]

Hi, I can not answer your question however, maybe you can help me. I am appealing against atos failed medical, i was on incapacity/income support for my husband and i, i was told when i ask for the appeal form that i will get £71. a week no money for my husband as i am the claiment is this so, if not what do i do to get the couple rate until the appeal is heard.

[honeybee13]

Hello Sharon.

 

It would be better to start your own thread in the main benefits forum, as this is an old thread about someone else. I'm sure the guys will be able to help you.

 

To start a thread, click on this link.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=160

 

My best, HB

 

Edit: I see you have a thread already. That is the best place for your questions.

[sparky1966]

Guys can someone please tell me I have been sent a letter to call them to setup an appointment for my assessment as I had previously appealed the whole way and won my appeal a few months ago I now have to do another

I would like to no what is the situation with have it recorded I have phoned them for appt and stated clearly I want it recorded but was told they don't record them and if it was to be recorded I would have to pay for it is this true I am in n, Ireland if that's any different the called ended with the guy saying he get someone to call me

[honeybee13]

Hello there.

 

I'm not sure that's right, but as you say, you're in Northern Ireland.

 

I'll change your thread title to show what you're asking because a few people here understand about recording and assessment.

 

My best, HB

[sparky1966]

I understand we in n, Ireland but I would think rules all the same as benefits is

[**Margaret**]

:sparky1966:

 

Unfortunately some of the policies and regs for employment n support differ between Britain n Northern Ireland and, unless there's been any recent changes, the policy about audio recorded Atos assessments is one of them.

 

First Harrington reviews, on both sides of the Irish Sea, recommended trials of audio recorded assessments. Beginning of 2011 Atos did a trial of just 500 ESA claimants in Newcastle. From the results, which Atos and our Work n Pensions admitted had no statistical validity, your Social Security decided to abandon the idea. Our Ministers aren't very keen on audio recorded assessments either. We've had to fight for the very limited service we've got.

 

My informed guess is that Northern Ireland still uses the pre audio recorded by Atos system, whereby claimants have to pay for a professional recording. An option few, if any, of us can afford. Following the only caselaw on the subject, CIB/3117/2008, we had a few months when some very determined claimants persuaded Work n Pensions to record assessments on dual cassette machines cadged from fraud investigation.

 

The two second best ways of coping with this are:

 

A covert device such as a keyfob/pen recorder or a mobile phone kept out of sight. It's perfectly legal but the assessor will halt the interview if s/he susses. Atos may arrange another appointment. Or they may send your file back to Social Security for consideration of good cause for non cooperation. (In my opinion; totally illegal but it's yet to be tested at tribunal.)

 

To settle for a chaperone (good idea anyway) and get the chaperone to take notes, also perfectly legal under human rights legislation. Atos don't like it so you may have to wave a copy of the work capability assessment handbook at them.

 

Best wishes, Margaret.

Edited August 15, 2013 by **Margaret**

[wobbly]

Covertly record it yourself,recorders cheap from argos,

[sparky1966]

Hi all

 

I need help and info , I have been on ESA now a while as before I was turned down but appealed the decision and won the appeal hearing this was a good while ago.

 

anyway to move on in September I received a phone call from ESA telling me I had to go to another medical I said this was ok agreed the date and time and had it sent to me in post, a few days before it was due got a call and it was cancelled by them told me they would be in contact.

 

A couple of weeks later got another call with another appt and time agreed all with them, got a letter from them. then the day before it was cancelled by them again

 

now this is where all goes wrong in middle of October I receive a letter or a form to fill in to say I didn't turn up to an appt they had sent me and I had to give my reasons why I didn't turn up.

 

Well my answer which is totally genuine is I never got an appt or phone call and all other appt had been cancelled by them I explained all this on form which I copied and sent original back on the form it gave me so many days to reply but I got it back to them straight away

 

I just yesterday got a letter from them saying that as of a certain date I will lose my ESA as I never replied to a letter they sent to give reasons why I never went to this phantom medical I phoned them up straight away got talking to a guy and explained to him I had sent it back he asked me for date of letter which was the 5/11 but said the decision maker had made decision on the 30th but it looked like my form wasn't put on to their system until the afternoon of the same day

 

but letter sent on 24th he said he would send to decision maker again as the letter states they didn't get reply from me and that's what the decision was made on

 

but today I got a call telling me that the decision maker did see my form and my reason wasn't good enough so I will lose ESA but to me I believe the person is lying

 

can anyone advise me here on what I can do next why send a letter saying they didn't get form

Edited November 8, 2013 by honeybee13
Formatting.

[honeybee13]

Hello there.

 

I've moved you to the main benefits forum because you're dealing with people like decision makers. I hope the guys will be along later.

 

My best, HB

[time4change2]

id send another letter in explaining this and send it recorded delivery addressed to the decision makers department id also make a direct complaint about they way in which you have been treated also send it in recorded delivery if they stop your money due to this then appeal against that decision

 

this seems to be happening a lot with the dwp at the moment your not on your own a similar situation happened to 2 friends of mine

[**Margaret**]

:sparky1966:

 

From what you've written it's far from clear whether you've been disallowed for alleged failure to attend the second (cancelled) appointment or a third one you knew nothing about but it's clear that Atos have experienced problems with your assessment. And it's also clear that Social Security made a mistake, even if only that your returned BF223 got lost in the post or their system. All of which casts doubt over their decision.

 

Use form below to appeal;

 

http://www.nidirect.gov.uk/if-you-think-our-decision-is-wrong-gl24.pdf

 

I tend to complete parts 1 - 7, then use a separate sheet of A4 or a word doc for part 8.

 

I'd suggest a timeline of the calls and letters which should evidence that arrangements for the appointment went pear-shaped. If the calls from Atos are logged on a phone, note the dates and times. Enclose copies of the letters you've received. Does your condition need to be assessed by a doctor? Atos are more likely to cancel assessments which need a doctor cos they don't have enough of them.

 

If this decision isn't revised by a decision maker, and passes to the Tribunals Service, you'll probably need to request a copy of the contact history with Atos. A list of appointments, calls, and letters, that's often missing from tribunal bundles. Unfortunately, there's no assessment rate pending a tribunal hearing for 'failure to attend'.

 

Margaret.

 

(Before anyone notices the decision date, mandatory reconsideration hasn't reached Ireland. I checked. )

Edited November 9, 2013 by **Margaret**

[**Margaret**]

:time4change2:

 

Wondering how your friends have fared?

 

This scenario's so difficult to sort cos it's nigh on impossible to prove that Tatos didn't send the appointment letter or questionnaire. Conveniently for them, Tatos don't record either incoming or outgoing phone calls and no, we can't have a copy of the letter cos their computer system only records that one was sent!!

Margaret.