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Esa appeal question

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Hi, I am new on here.

 

I have had a bad couple of months which includes having my DLA stopped, PIP application rejected and to cap it off my ESA stopped because I did not attend an medical assessment not because I deliberately failed to attend but because the DWP did not give notice or they did but the Royal Mail failed to deliver notification which happens giving half a million letters go missing every year.

 

My main question is that when in receipt of ESA and because of my health and mental issues I was placed in the "support group" and remained receiving the rate which as I understand is slightly more than someone being placed in work related activity group for a number of years.

 

Giving that I was in the support group are the rules or regulations for appeals including any mandatory decision different, and in particular is ESA payable during the appeal period, because I was in that group as opposed to receiving ESA IN A WORK RELATED GROUP.

 

My last payment was made on 6th June ESA, and I have had to apply for UC which will not be paid until the 29th of this month so I am in a bit of a hole financially and I feel the DWP have handled the whole matter with complete contempt and without any reasonable thought but I expect others are experiencing the same withdrawal of benefits its been quite brutal.

 

My main question is this, should have the DWP still be paying me ESA because I was in a support group pending any appeal or mandatory decision which has now been giving?, any help would be greatly appreciated as I feel quite isolated at the moment.

 

Any help would be appreciated. Thanks

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If you have been found Fit for Work then you are not entitled to any ESA payments during an MR, the only replacement benefit available to you at this time is UC.

 

If you go onto to appeal then you may be able to request to be put back on the ESA Assessment rate, but you have to have completed the MR process first.

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Thanks for that Cpt Scarlet.

 

I am going to appeal this because the MR process has now been completed and DWP are refusing to budge and on the provision that the burden of proof is on me and not them to show that I did not receive the notice of assessment and that's the reason I failed to attend the assessment, I have been found fit for work in theory not because my illness has got any better but because no notice as to me to attend and prove my condition has got worser since the last assessment, I now have angina.

 

How do I make the request to be put back on ESA and the assessment rate, and if by a miracle the DWP agree to this will this be backdated, thanks

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Unfortunately, ESA cannot be paid pending appeal where it was stopped due to failure to attend a WCA.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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OK thanks for that info reallymadwoman,

 

Looks like I am paying the price because either the DWP never sent the notice, which could be another dirty tactic now being used to victimise the most vulnerable, or the PO have failed to deliver the letter which is not uncommon giving half a million letters go missing each year, whatever way you look at it, because of a third party and their failure to act or do what they are paid to do, I have to suffer as a result.

 

Giving the serious consequences and the seriousness of a notice to attend a DWP assessment, the DWP should have in place that all letters that they alleged to have sent should be and without doubt signed for on delivery as the current method is not only clearly unsafe but pre-historic and out of time as is the attitude towards those who unfortunately have to depend on this organization.

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If you have previously responded to all correspondence/attended WCAs, that is evidence that it is most unlikely you would have ignored an appointment. Start gathering together all the evidence you have that you don't ignore correspondence. I'll also see if I can find a tribunal decision on this point, I'm sure I've seen one before.

 

The point of this is that it's still possible (though not that likely so don't get your hopes up just in case) that the DWP will back down if they can see they're going to lose even before your appeal is heard. Also, you mention mental health issues, so I think there might be an equality argument here in that where they know someone has issues which may prevent them engaging with the claims process they should make extra allowances.

 

Without revealing anything you're not comfortable with on an open forum, do you have input from CMHT?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I can't find the decision I was thinking of, and may have imagined it anyway.

 

If you have a search around yourself on sites like Rightsnet, you'll find quite a few similar cases with details of how they were tackled. If you need more help, say so and I'll provide links etc. but I don't want to 'take over' if you can do it yourself.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Again thanks for that, if you can provide more help and links please feel free to help me, I am grateful for any assistance on this.

 

What are your views on the way DWP give notice of assessments, do you think there are grounds there and the need for change?, in theory a claimant has to rely on a third party, DWP or Royal mail to make sure notice is sent, that is not guaranteed and completely unfair and not the correct way to rely on the current system, if my case is anything to go by.

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If you have previously responded to all correspondence/attended WCAs, that is evidence that it is most unlikely you would have ignored an appointment. Start gathering together all the evidence you have that you don't ignore correspondence. I'll also see if I can find a tribunal decision on this point, I'm sure I've seen one before.

 

The point of this is that it's still possible (though not that likely so don't get your hopes up just in case) that the DWP will back down if they can see they're going to lose even before your appeal is heard. Also, you mention mental health issues, so I think there might be an equality argument here in that where they know someone has issues which may prevent them engaging with the claims process they should make extra allowances.

 

Without revealing anything you're not comfortable with on an open forum, do you have input from CMHT?

 

What is CMHT?

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Community mental health team. Do you have any input from anyone other than your GP over any mental health issues you might have? This is an important point as if DWP have any evidence that your issues may cause you not to engage with the benefits system, they should have made allowance for that. Did you disclose any mental health issues on your ESA50?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Community mental health team. Do you have any input from anyone other than your GP over any mental health issues you might have? This is an important point as if DWP have any evidence that your issues may cause you not to engage with the benefits system, they should have made allowance for that. Did you disclose any mental health issues on your ESA50?

 

Hi RMW, the DWP would have evidence that could suggest that I could not engage with the benefits system because of my mental illness, over the years a number of people that I have had contact with who I have had to see because of my mental illness have helped me out, one of the advisor thought my condition to be that bad he arranged counselling and I was also sent to a Charity that deals with mental illness that the DWP agreed to, and through that Charity I met the then DWP Minister Ian Duncan Smith as the charity wanted to highlight mental illness does not just affect people with drug or alcohol problems but those who suffer PTSD that I suffered as a result of nearly dying when I had my heart attack 4 years ago.

 

The mental health issues would have been listed on the ESA50, and giving the history the DWP would have known of my illness as they and through their partners who try and get people back into work have helped me out before and hence why I was put in a support group because of my ability to be able to work meant that they were not expecting me to return to work because of both my physical condition, Heart Condition,and mental condition PTSD secondary to the heart attack.

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I have visited a number of websites today and what is apparent on a number of these sites is claimants complaining about post going missing that they have sent to DWP, and in particular to the Wolverhampton handling centre for the DWP.

 

Under the Data Protections Act or another channel can I request from DWP the number of enquires/complaints that they received when Claimants post was deemed by the DWP as not being received?, this included recorded mail as well as standard means postage used by the DWP, standard first class post.

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I have visited a number of websites today and what is apparent on a number of these sites is claimants complaining about post going missing that they have sent to DWP, and in particular to the Wolverhampton handling centre for the DWP.

 

Under the Data Protections Act or another channel can I request from DWP the number of enquires/complaints that they received when Claimants post was deemed by the DWP as not being received?, this included recorded mail as well as standard means postage used by the DWP, standard first class post.

 

I'm not sure how this would help you any more than general information about post going astray from the post office. What you have to do now is draft your grounds of appeal. The first point will be that DWP records will show that you don't normally ignore appointments so on the balance of probabilities if you had received the letter, you would have gone. The second point would be that as the DWP know you have mental health problems, they should have made more allowances for you.

 

It's probably not necessary to expand too much at this stage or provide any evidence, but if you have a paper diary that you usually use for appointments and you can include a copy of the relevant page, perhaps with other entries for the day or week in question, it would tend to prove that you didn't know about the appointment.

 

If you want to draft something, I'll be happy to have a look.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Again thanks for responding RMW, appreciated.

 

What I am trying to establish and trying to show is that it is not beyond reason that someone misses an appointment because they never received the notice, the way the DWP are responding is that is not a good enough excuse, which to me is them moving the goalpost just to suit there agenda and another cheap means of removing a vulnerable person of benefits.

If I can show that they have also been found as to claiming not to have received post from Claimants as this seems to be a common problem with DWP judging by what I read yesterday, there is excuse and reason for stopping my ESA is completely flawed based on their own admission/s, because this would evidently show post can sometimes go missing, even if alleged to have been sent by the DWP.

 

The grounds for my appeal are that I did not receive notification, the DWP have relied on a third party to give notice and the standard that they have for giving important notices like assessments is not only outdated and insecure, their obligation to the Claimant by merely sticking a first class stamp as proof of notice falls way short of what is expected of them I would assume.

 

In response to your other point, I had to attend my local job centre for an interview two days before that date the DWP are stating was giving for the assessment and I have proof of this, again this shows that when giving notice I have always attended and the excuse being used by the DWP is not only flawed but in principle they would be responsible if I did not attend the assessment because they do not have in place a system that should guarantee any notice that they give is giving and without any cause for the claimant not to be in a position of not receiving a notice, they like us, have an obligation to act and in accordance I would have assumed.

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What I am trying to establish and trying to show is that it is not beyond reason that someone misses an appointment because they never received the notice, the way the DWP are responding is that is not a good enough excuse, which to me is them moving the goalpost just to suit there agenda and another cheap means of removing a vulnerable person of benefits.

 

Why are you tying yourself up attempting to comprehend an inherently unfare squewed system which isn't fit for purpose.

 

We all know, well those of us who're unfortunate enough to have to endure the inhumane social cleansing system, that it's akin to pushing water uphill, this is what your local MP is for, hammer them and demand they stand up in the commons and start asking questions regarding the social security system that's unfit for purpose.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Why are you tying yourself up attempting to comprehend an inherently unfare squewed system which isn't fit for purpose.

 

We all know, well those of us who're unfortunate enough to have to endure the inhumane social cleansing system, that it's akin to pushing water uphill, this is what your local MP is for, hammer them and demand they stand up in the commons and start asking questions regarding the social security system that's unfit for purpose.

 

I am in currently in corrospondance with my MP, and as I understand, sits on the committee set up by the Government that is supposed to tackle the problems being created by the DWP.

 

In short and in my opinion he just agrees and states that he is investigating my concerns but it is through gritted teeth and you just know what any outcome is going to be, he is just a nodding dog who really does not give a flying xxxx, he is just ticking the boxes imo.

 

The DWP need to be taking on and maybe by an individual and in the Courts, we all know the system is unfair but until someone changes or tries to change it, this is why I am trying to engineer an argument or objection to the current system used by the DWP that places a lot of its decisions on third parties and their actions, ATOS for example, and the Royal Mail.

 

In theory if they do wrong, the DWP are not held accountable, not only is this unfair it is a cop out, if an assessor fabricates a report employed by ATOS who is then employed by the DWP, his or her actions go under the radar, if a qualified GP acted and was found to be acting like most of these assessors who and for the record are making vast profits from dumping vulnerable people on the scrap heap, such actions would be and rightly investigated by the GMC and dealt with.

 

The DWP needs to be more responsible when they do things wrong and the whole structure needs to be changed not to benefit them but to create a balanced system which is certainly not the case from where I am sitting.

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I am in currently in corrospondance with my MP, and as I understand, sits on the committee set up by the Government that is supposed to tackle the problems being created by the DWP.

 

In short and in my opinion he just agrees and states that he is investigating my concerns but it is through gritted teeth and you just know what any outcome is going to be, he is just a nodding dog who really does not give a flying xxxx, he is just ticking the boxes imo.

 

The DWP need to be taking on and maybe by an individual and in the Courts, we all know the system is unfair but until someone changes or tries to change it, this is why I am trying to engineer an argument or objection to the current system used by the DWP that places a lot of its decisions on third parties and their actions, ATOS for example, and the Royal Mail.

 

In theory if they do wrong, the DWP are not held accountable, not only is this unfair it is a cop out, if an assessor fabricates a report employed by ATOS who is then employed by the DWP, his or her actions go under the radar, if a qualified GP acted and was found to be acting like most of these assessors who and for the record are making vast profits from dumping vulnerable people on the scrap heap, such actions would be and rightly investigated by the GMC and dealt with.

 

The DWP needs to be more responsible when they do things wrong and the whole structure needs to be changed not to benefit them but to create a balanced system which is certainly not the case from where I am sitting.

 

Having myself an MP who is less use than a chocolate teapot, I can sympathise and agree with every point you make. That said, your priority now must be to get your appeal in. Once that's done, you can look at other avenues to get your point across. The appointment which you attended two days before is excellent evidence. DWP are known to just assume the claimant is lying without investigating any further if they say a letter hasn't been received thereby putting the balance of proof onto the claimant who can never prove that a letter hasn't been received. Tribunals however look at the whole picture and I think there's every chance they'll look at your past behaviour and conclude it's most unlikely that you would deliberately miss an appointment.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Having myself an MP who is less use than a chocolate teapot, I can sympathise and agree with every point you make. That said, your priority now must be to get your appeal in. Once that's done, you can look at other avenues to get your point across. The appointment which you attended two days before is excellent evidence. DWP are known to just assume the claimant is lying without investigating any further if they say a letter hasn't been received thereby putting the balance of proof onto the claimant who can never prove that a letter hasn't been received. Tribunals however look at the whole picture and I think there's every chance they'll look at your past behaviour and conclude it's most unlikely that you would deliberately miss an appointment.

 

Yes I am going to lodge appeal today RMW, can I use the grounds that I did not receive notification as the basis on which the appeal will be relied upon?

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IMO yes!

 

Pose the question ''can they prove the sent such an appointment''?

 

Then there's the question why they didn't contact you when you failed to turn up, for you to rebook, how come they can ensure correspondence informing the claimant that they are being sanctioned and being thrown into poverty, yet can't ensure other 'vital' letters are received, let alone sent.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you have previously responded to all correspondence/attended WCAs, that is evidence that it is most unlikely you would have ignored an appointment. Start gathering together all the evidence you have that you don't ignore correspondence. I'll also see if I can find a tribunal decision on this point, I'm sure I've seen one before.

 

The point of this is that it's still possible (though not that likely so don't get your hopes up just in case) that the DWP will back down if they can see they're going to lose even before your appeal is heard. Also, you mention mental health issues, so I think there might be an equality argument here in that where they know someone has issues which may prevent them engaging with the claims process they should make extra allowances.

 

RMW is basically pretty much spot on.

 

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?462757-JSA-stopped-%96-No-notification-Please-Help!

 

You can ask for the postal logs and a copy of the letter sent via a SAR Subject Access Request but they will not arrive in time and you are on a 30 day deadline you have to meet to ask for a Mandatory Reconsideration. May come in handy if you have to lodge a formal appeal with HMCTS if your Mandy doesn't go your way so worth doing.

 

You will have to request this from the company who carries out the Work Capability Assessments (WCA) in your area. Not sure if you can request this via the DWP as the DWP didn't send it.

 

Note;

The DWP will have their postal logs linked to the letter sent and copy of it

Maximus, Capita and all the other DWP partners will just have a log stating something was sent but not what; which goes against them at HMCTS first tier tribunal if you have to formally appeal.

 

The 3 arguments against a failure to attend are in brief

 

1, I have well documented postal issues and the notification letter got caught up in those.

2, I complied with everything else so it is out of caricature not to have attended if I received the letter. Which I didn't receive for reason unknown and beyond my control.

 

Both of these are requests to be given "the benefit of the doubt"

 

3, I didn't understand the instruction due to my condition or due to my condition I could not attend. This can apply to both written and verbal instructions. This is harder to argue and you need solid medical evidence to make it a success.

 

Be prepared to have to formally appeal to HMCTS but you never know you might get lucky so...... Good luck and tough it out.

 

The other thing is you will have to re-arrange the ESA WCA (Work Capability Assessment) as a matter of urgency as you will not receive any ESA until either the FTA (Failure To Attend) decision goes your way or you have and have passed a new WCA. No matter what happens you need to keep any appeal going or you'll lose out on any benefit payments owed from the date of the FTA when your ESA stopped

 

Since you've applied for Universal Credit read up on the 13 week sickness rules and how to apply for what was ESA in Universal Credit

 

Rightsnet has a Universal Credit section in their forums, but if you can seek out a local advice service or a mental health charity or hopefully your in the care of a local mental health team so try them?

 

Can't really be of any more use than that as Universal Credit seams to be a mystery to everybody!

 

Absolute appalling situation to be in but don't ever give up and you'll get their in the end!

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IMO yes!

 

Pose the question ''can they prove the sent such an appointment''?

 

Then there's the question why they didn't contact you when you failed to turn up, for you to rebook, how come they can ensure correspondence informing the claimant that they are being sanctioned and being thrown into poverty, yet can't ensure other 'vital' letters are received, let alone sent.

 

Thanks for that BB, as far as I am concerned if I can prove that the DWP has a history of not receiving letters which on looking would include appeals looking on a number of other forums maybe they need to give a logical reason why it is only them who do not receive all correspondence, in their logics they are not misleading but everyone else and apart from them clowns are immune from what is a common problem with mail. There method of communication is worthless and out of time.

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RMW is basically pretty much spot on.

 

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?462757-JSA-stopped-%96-No-notification-Please-Help!

 

You can ask for the postal logs and a copy of the letter sent via a SAR Subject Access Request but they will not arrive in time and you are on a 30 day deadline you have to meet to ask for a Mandatory Reconsideration. May come in handy if you have to lodge a formal appeal with HMCTS if your Mandy doesn't go your way so worth doing.

 

You will have to request this from the company who carries out the Work Capability Assessments (WCA) in your area. Not sure if you can request this via the DWP as the DWP didn't send it.

 

Note;

The DWP will have their postal logs linked to the letter sent and copy of it

Maximus, Capita and all the other DWP partners will just have a log stating something was sent but not what; which goes against them at HMCTS first tier tribunal if you have to formally appeal.

 

The 3 arguments against a failure to attend are in brief

 

1, I have well documented postal issues and the notification letter got caught up in those.

2, I complied with everything else so it is out of caricature not to have attended if I received the letter. Which I didn't receive for reason unknown and beyond my control.

 

Both of these are requests to be given "the benefit of the doubt"

 

3, I didn't understand the instruction due to my condition or due to my condition I could not attend. This can apply to both written and verbal instructions. This is harder to argue and you need solid medical evidence to make it a success.

 

Be prepared to have to formally appeal to HMCTS but you never know you might get lucky so...... Good luck and tough it out.

 

The other thing is you will have to re-arrange the ESA WCA (Work Capability Assessment) as a matter of urgency as you will not receive any ESA until either the FTA (Failure To Attend) decision goes your way or you have and have passed a new WCA. No matter what happens you need to keep any appeal going or you'll lose out on any benefit payments owed from the date of the FTA when your ESA stopped

 

Since you've applied for Universal Credit read up on the 13 week sickness rules and how to apply for what was ESA in Universal Credit

 

Rightsnet has a Universal Credit section in their forums, but if you can seek out a local advice service or a mental health charity or hopefully your in the care of a local mental health team so try them?

 

Can't really be of any more use than that as Universal Credit seams to be a mystery to everybody!

 

Absolute appalling situation to be in but don't ever give up and you'll get their in the end!

 

Thank you speedfreek on some valuable advice that you have giving.

 

The mandatory decision has been made and the DWP are not moving on their initial decision so it is now going to appeal.

 

Of the three arguments that you have raised evidently the second one would be the one that I would be inclined to go for because it mirrors what I am thinking, and what I believe to have happened, there was no motivation in me not attending an assessment I have attended all before and as I explained to RMW I had attended my local job centre when giving notice 48 hours earlier.

 

The other factor that may be playing a part in why the DWP are alleging notice was sent, could be drawn from the appeal ongoing for PIP being refused, which incidently is now running into its tenth month.

 

They inform the Tribunal in their delayed reply that I was in receipt of JSA when the assessment for PIP took place, I pointed out to the tribunal that this was incorrect and that I was on ESA, I pointed out that if the decision maker was minded at the time of the decision that I was on JSA as opposed to ESA this would influence their decision on PIP I would have assumed.

 

Once I made the Tribunal and DWP aware of this, this is where the assessment for ESA comes into play, after I established that the DWP and in their evidence had told the tribunal that I was on JSA.

 

It just feel that it is a convenient and a coincidence that after this was pointed out that I failed an assessment for ESA on the provision that I did not attend, I smell a rat, so to speak, killing two birds with one stone in principle, correcting themselves with the Tribunal and taking me off ESA at the same time.

 

Just out of interest what is, if any, the time frame that a Claimant who has previously been assessed and deemed unfit for work and placed in the support group has to be re-assessed? Is it months or years in between having to attend an assessment for ESA?

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Can't tell you about time frames for a new WCA as they seam completely random. Also there appears to be issues with Universal Credit and getting them to send you for a WCA which is why we've suggested if possible seek out help/advice/support.

 

If you're stuck try CPAGs welfare advice search http://www.cpag.org.uk/lwas

 

Some Councils also have a welfare rights service so it's worth having a search on your local Councils website.

 

I religiously read the Rightsnet discussion forums every Friday as they're a good source of information and strategies to overcome DWP ****wittery using reasonableness, regulations and common sense. They're a bit much at times.... also remember they're usually worst case scenarios as most people (unlike me and you) don't normally have these issues. If I find something which maybe useful to me I bookmark the topic just in case.

 

https://rightsnet.org.uk/benefits-a-to-z

https://www.rightsnet.org.uk/resources#A_Z

https://www.rightsnet.org.uk/forums

 

Since you have already been refused at mandatory reconsideration stage have you formally appealed to HMCTS via an SSCC1 form? Always to keep a copy of what you've sent for reference!

 

Hitting the time deadlines is the most important thing here! It just makes thing easier. Why make things more difficult for yourself? Throw in your basic arguments for the appeal and why you are appealing. Once the HMCTS accept your appeal you will get a reference number which you quote when you send in later acquired supporting evidence which will get added to your appeal submission.

 

I'll give you a piece of advice from the most amazing welfare rights person who looked after me from 2010-2012 which even I find hard to follow at times. He walked me through 2 DLA and 2 ESA submissions, appeals and even got a change via a mandy!

 

It's all about explaining why you qualify for the benefit! Nothing more nothing less!

 

I'm now 6 out of 6 and although 5 out of 6 (won 1 mandy for DLA in 2010) have been sent to the HMCTS requesting face to face. I have never been to a face to face HMCTS tribunal as using a very good why I should be awarded this benefit arument, followed by medical evidence get's my appeal pulled by the DWP pre screening!

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Thanks for jumping in Speedfreek, you know much more about appeals than I do.

 

One thing I can answer is the time frame for re-assessments for support group - it depends! Sometimes they give a time frame in the assessment report (mine was 3 years) and sometimes the DWP stick to it. However sometimes they'll call you earlier and sometimes later or not at all - as it's been 5 years, I'm in one of the latter groups. Unlike PIP, ESA doesn't run out for support group.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Can't tell you about time frames for a new WCA as they seam completely random. Also there appears to be issues with Universal Credit and getting them to send you for a WCA which is why we've suggested if possible seek out help/advice/support.

 

If you're stuck try CPAGs welfare advice search http://www.cpag.org.uk/lwas

 

Some Councils also have a welfare rights service so it's worth having a search on your local Councils website.

 

I religiously read the Rightsnet discussion forums every Friday as they're a good source of information and strategies to overcome DWP ****wittery using reasonableness, regulations and common sense. They're a bit much at times.... also remember they're usually worst case scenarios as most people (unlike me and you) don't normally have these issues. If I find something which maybe useful to me I bookmark the topic just in case.

 

https://rightsnet.org.uk/benefits-a-to-z

https://www.rightsnet.org.uk/resources#A_Z

https://www.rightsnet.org.uk/forums

 

Since you have already been refused at mandatory reconsideration stage have you formally appealed to HMCTS via an SSCC1 form? Always to keep a copy of what you've sent for reference!

 

Hitting the time deadlines is the most important thing here! It just makes thing easier. Why make things more difficult for yourself? Throw in your basic arguments for the appeal and why you are appealing. Once the HMCTS accept your appeal you will get a reference number which you quote when you send in later acquired supporting evidence which will get added to your appeal submission.

 

I'll give you a piece of advice from the most amazing welfare rights person who looked after me from 2010-2012 which even I find hard to follow at times. He walked me through 2 DLA and 2 ESA submissions, appeals and even got a change via a mandy!

 

It's all about explaining why you qualify for the benefit! Nothing more nothing less!

 

I'm now 6 out of 6 and although 5 out of 6 (won 1 mandy for DLA in 2010) have been sent to the HMCTS requesting face to face. I have never been to a face to face HMCTS tribunal as using a very good why I should be awarded this benefit arument, followed by medical evidence get's my appeal pulled by the DWP pre screening!

 

Again thanks for that advice speedfreek, as always well appreciated.

 

Appeal has now been duly sent and within the time allowed, so now it is just a matter of now waiting and then gathering the evidence.

 

I have now been giving a date for my PIP appeal which has been listed for the 8th Aug.

 

Any advice on this would again be grateful. My main concern is that the assessment took less than ten minutes and the report was full of fabrication. Tribunal have made comment on the time the PIP assessment took in their orders.

 

The DWP have previously been warned that the Judge was going to bar them from proceedings if they did not provide evidence, they complied, but my concern is that they only produced part of the evidence and did not include some elements that could undermined their case, I made the tribunal aware of this, but the Tribunal are now stated the order has been complied with so they cannot be barred.

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