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sparky1966

Not entitled to benefit urgent advise please needed please please

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I get why your feeling the way you are it doesn't fit general common sense to get zero points 14 months later be it due to a huge back log they imo should of done a follow up WCA as you stated have you contacted them to ask why....obviously remember about MR and appeal and the one month dead line for MR (assuming its same in NI)

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Hi Sparky, you are best contacting your nearest welfare advice service. Do you live in Belfast, if so there are a number of organisations who would be able to assist you, as far as I am aware the rules for mandatory reconsideration/appeals are now the same here as they are in Great Britain. Good luck.

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Hi all

Just to clarify this was after a medical at the assessment centre they use near to me I have been on ESA a few years and previously scored 0 points but went to appeal and won

So this was another medical down the line from that one in sept 2014 and. The result of that in 2016 is 0 points

So can I get this right that regardless of when you do medical they can put you of ESA if this was the case they would never need to do follow up medical

 

Yes they can find you fit for work after an assessment even if you have been on ESA for awhile. If they didn't do a face to face assessment I think I am right I saying they could not find you fit for work hence the reason they recall people. As a matter of interest which group were you in on ESA support or WRAG? You know the procedure for appeal for now I am sure but as someone mentioned getting local advice is a good option

Edited by ripples
tyoo

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Hi all can I ask for some more advice and to state here in n, Ireland is pretty much the same as rest of uk

We tried to talk to ones at Asos even my local MLA did but to no avail, so we sent in the gl24 form for appeal. We received a letter today to state they have this form and a note on it about us not providing our phone number so they could not ring us I would prefer it in writing anyway but I'm 100 % sure our phone number on it it then just says they will be in touch

I won't hold out any hope, but can I ask how long does it normally take for a decision and if this doesn't work what should next step be

It it still possible to send a SAR to them for all info on us I'm just trying to be ahead as I no this is going to get tough from here on and at present we are getting no benefits or help towards mortgage

Any help greatly appreciated

 

And would like to say this site is a godsend I will be making a contribution towards it very soon

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Hi all sorry for the post

Can I seek advice on my ESA, recently was sent a letter that I scored 0 points at my medical back in 2014 have sent in a gl24 and got a reply back to say they will be in touch when they have made a decision. The next day I get a letter telling me my sick note I sent in in 2013 to the date of letter that they stopped my ESA was up and to carry on with ESA I need to send in a new sick note or doctors letter

Does this mean they have considered my gl24 or what would the situation be and my next step

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I've merged this into your existing thread to keep everything in the one place.

 

So, just to summarise: you received a letter on Feb 14th stating that your ESA was to stop from that date because you scored 0 points in a WCA that took place in Nov 2014. In response to this letter, you have sent form GL24 to request a reconsideration and, if necessary, an appeal to the independent tribunal. You've now received a letter advising that your medical certificate has expired (or is about to expire) and that you should submit another. Is this correct?

 

This does not mean that they have reached a decision on your reconsideration request, although it doesn't mean that they haven't either. Med cert reminder letters are usually computer generated, so it doesn't tell you anything one way or another. If your reconsideration request is not successful and the matter goes to appeal, you will be able to receive ESA while you're waiting for the appeal to be heard, but you must have a valid cert for every day of your claim. So I would advise that you get a new cert from your doctor ASAP and send it to them. The cert should, if possible, start from the day after your old one ended. This will mean that you will not lose any backdated payments if an appeal is needed.


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Hi all cut a long story short

Had a medical couple years ago,2.5 years later they decide im fit for work i appeal it on basis that medical not up to date they appeared at medical tribunal and stated they didn't no why we were there didn't supply all relevant paperwork to me before tribunal which was picked up by head of tribunal eventually they gave up and i won

Next couple weeks later got a letter to say i was in a group and would be contacted for an interview then got a new esa 50 questionnaire sent to me given me a month to send back so did and now yesterday got a letter for me to appear at a medical next friday

 

I would like to no can they make me appear as quick its only giving me 5-6 days i am in n, ireland too if that is of any difference to it

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Not sure about NI, but in England it has to be a minimum of 7 days notice.


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How quick was it from the ESA50 sending back to the ATOS medical.

 

I am on ESA and in Northern Ireland myself

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Hi all just to give an update had my medical on the31st october at the end of medical which was only a few questions i was told it would take two weeks for my assessment to be decided by esa dept low and behold i got my letter today 9th letter dated 7th and i got 0 points and have been put off benefit from the 6thso they didnt waste any time on me

They have tried to put me off for last year or two but i have beat them at tribunal so im starting to feel the are harassing me

 

Ok next bit read over the letter sent putting me off and if im honest i never thought that when reading stories on hear that they they would lie so much but after reading my own it doesn't read like anything i was asked at medical i had my wife with me and one item on letter was that i handed over paperwork with no problem with no restriction to upper limbs but i didnt carry a thing or take anything from him another one do you watch telly i said no but on letter it says will sit and watch a football match

Another one could walk to interview room with no problem was i suppose to sit in reception

I did record the start of the meeting on phone i didnt have phone my wife did but it stopped after 15 minutes so didnt get all

And also the guy that done medical i had to ask what he did as he only told us his first name and he was a physio so he well qualified never spoke on what we were doing there just straight in with questions

 

I find now i have to ask for a reconsideration i bet this take longer than it did to put me off and then i will appeal again

Would it make any sense to say i recorded interview at this stage even though i dont have whole interview you can clearly here my w if handing over paperwork and explaining what's on them so would catch them out on there lies

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Can anyone answer my question

 

About to be kicked of esa failed medical but by time they do reconsideration we will have no benefits

I myself get esa and get allowance for my wife if we go and sign on for jsa will my wife be able to do the claim and claim for me as we did this before but they wouldn't allow it stated it had to be me but im not fit to work and if i go into to do it they will say you should be on esa so wont get that as they put me off and until i get to tribunal which will probably be a few months away

 

Could someone give me some guidance please

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Our benefits guru's will respond as soon as they are online and see the thread.


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Basically if you say that you are not FFW then they will tell you to claim ESA, So you will have to say that you are able to work but you can restrict the conditions , such as a shorter commuting time limit from the default of up to 90 mins each way to say 30mins and so on, as long as you satisfy the criteria , But once you have set up your JSA claim and are in payment of it, you can then submit a Fit note, from your GP for upto13weeks this is called extended period of sickness , this, however, may not allow you to escape all the JSA conditionality

You may still have to sign on each fortnight (better than every week) or they may do this over the phone, you can only have 1 period of EPS in any 12mth period, But,if you intend on using the EPS whilst you wait for the MR to be processed don't say anything about going EPS at your initial interview with your Work Coach at the JCP

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Hello there. I'm sorry to hear how it's turned out, that's very disappointing for you.

 

I've moved your thread to the main benefits forum for further advice. ETA: I've modified your thread title to show the current situation.

 

HB

Edited by honeybee13
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You need to ask for a mandatory reconsideration, plus request a copy of the assessment as well.

Go over it question by question and see if they have got things wrong, after the reconsideration (not seen many overturned results) you will have to go for a tribunal, try to get more medical reports that would support your claim.

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Hi all can i ask how long a reconsideration will take

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There was an un written rule of around 2 weeks , but it can and often does take longer depending on their workload at the time you send in the request, they are not constrained by a time limit on MR's

As for the WCA F2F it's not a medical , it's an interview,

By having your WCA audio recorded often results in a more accurate report , as the amount of lies they can tell is reduced due to the recording, maybe something to remember for the next WCA,

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Do you have any children living at home?

Either one of you could claim JSA however if there are no children you may both have to make a joint claim as a couple and both have to sign on, also depends if you are in a full roll out UC area or not.

You cannot go straight on to extended period of sickness and you will still have a claimant commitment during that period but it would be restricted to what is reasonable in your circumstances, no guarantee that the travel time would be reduced either sorry.

But if you have children in the household you can request the mandatory reconsideration and your wife could look at claiming JSA until that decision is made.

It does depend on your circumstances.

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Just an update guys on this

 

We phoned for the reconsideration on the 7th nov and also asked for a full wca report to be sent a week later still no report so phoned again to be told that it had not been requested as not on system but got a cop in a couple days later

And i will be honest it blew my mind what i read in it i have never seen so many lies i honestly did not believe they could ask you a question and put a completely different answer to what was said

One answer was that i walked from reception to his office with no problems how did he want me to get into it and im so glad i brought someone with me another point was i handed over all paperwork (ie) doctors note, prescriptions but i never handled one piece of paper my partner had all and done all that, he asked a question do you watch tv i said i didnt he put down i could sit and watch football on tv with no problems

 

And still waiting on reconsideration decision soon be a month how does it take 5 days to put you off after wca but a month to look at a reconsideration

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Guys can anyone help me here I'm waiting for reconsideration from 7th November all I had so was a letter to say i have asked for this back in November this can't be right

 

I am in N, ireland too if this means anything

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Guys can anyone help me here I'm waiting for reconsideration from 7th November all I had so was a letter to say i have asked for this back in November this can't be right

 

I am in N, ireland too if this means anything

so you have a letter from the dwp confirming that you have requested a MR, if it is saying that you requested this on the 7th Nov and not oct it sounds like they did not process your verbal request via the phone , typical of the DWP ignoring their own rules when it suits them, You should maybe get your local CAB or welfare rights involved ,

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Or simply call the ESA Northern Ireland and request an update.

 

I was on ESA for 18 months in Northern Ireland and we do not have the DWP but the Social Security Agency.

 

Unlike the DWP in England they treat you as a human being and i have never had a reason to say a wrong word about their treatment of myself

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Hi all

Phoned for update got some very unhelpful person was told there was at least a 30 working day wait before I may hear from them but on my calculation on the 23rd Dec is 35 days now

But was also told they have a backlog, surprise surprise I wonder why I still can't work out how they can review your wca in 5 days and put you off and benefit stopped before you get letter but take so long to review but that's the politicians we all voted for cowards

I have just decided to sign on benefits as have had no monies from October can anyone advise the best way on this I have an appointment in couple days well my wife has but I have been told I have to be present too and that as I'm not fit for work we may get nothing

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Guys

Can I seek your advice here

 

Quick breakdown

- I was claiming esa for myself and partner in November had a wca

and yes couple days latter got letter putting me off

 

asked for the MR

 

been told this will take a while

it's 35 days at present (working days)we are waiting

 

Have had no benefits from October end

my wife has phoned to sign on appointment in 2 days

she has told them on phone the situation

 

they have stated if I am not able to work we may get nothing

she was told I have to go to appointment too

 

Can any advise what we may be entitled to before we get there on esa we were getting small help with mortgage too

 

Thanks guys for any help

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