Jump to content


  • Tweets

  • Posts

    • Done! Thanks again. Will update the thread accordingly.
    • Thank you for your message.  I'm concerned that by complaining to the IPC, and escalating the situation, PCM would be even more inclined to cause problems for me and take action to the fullest extent just to make an example of me.  I can still take the above action as a backup plan if PCM decides to go ahead.
    • Mr BankFodder you are a top man.   I just received email below and finally they accepted fully refund   Good Afternoon,   Thank you for your recent email.   We are sorry to hear of your recent troubles, we would be happy to accept rejection of the vehicle.   The amount of the refund to yourself will be £7,099, this alongside settlement of the finance agreement will be paid in full and final settlement.    By accepting this refund you are confirming that no further claims shall be brought against Big Motoring World or any of its associates in respect of this matter.   In order to proceed with the refund we require the following from yourself:   - Your bank details (Account holders name – this must match the invoice name, sort code and account number)   The bank details can be provided via email.   The refund will be processed within 14 days.  
    • How do I transfer my number plate V750? Transfer by post Check the expiry date on your V750 or V778 to make sure it is still valid. Ensure that the registered keeper for the receiving vehicle matches the Grantee or Nominee name on the certificate. Complete relevant sections of your V750 or V778 document and sign it where instructed. https://www.gov.uk/personalised-vehicle-registration-numbers/renew-private-number-certificate  
    • i know...the anpr camera mustve triggered the computer to send out a parking charge as it probably detected no parking ticket paid. disgusting way of trying to extort money
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

ESA Assessment


odds
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2270 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I have been looking at the various info in the various threads and was hoping that someone could confirm or even advise if I have got the process correct.

 

Some 12 weeks ago I had an ATOS 'assessment' which was to move me over to ESA from Incapacity Benefit and have today been notified that I have been placed in the ESA WRAG Group. I know having read all the guides on filling in the forms that I would/should score 15 points on one condition alone thus meeting the Support Group criteria, so I now intend to seek a reassessment of the decision. So my steps should be:

 

Phone and state that I wish to appeal the decision, request a copy of the Atos Assessment, a copy of the score sheet relating to the criteria I was judged on and a copy of the decision makers statement clarifying the reasons for the decision.

 

Are these three separate documents ?

 

The one part that I'm a bit confused about is the rates of benefit if I continue to the appeal and if they change from the moment I phone up to Appeal.

 

Any advice is more than welcome.

 

Thanks

Link to post
Share on other sites

  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just to point out - scoring 15 points on one criteria alone doesn't not actually give you support group.

 

The support group criteria is here

 

Sorry, I should have explained it clearer that I do actually meet one of those criteria listed on that link.

Thanks for that link.

Link to post
Share on other sites

Hi,

 

So yesterday decided to phone up and inform them I wish to appeal the decision, I had the usual long wait on the phone and was eventually put through to an advisor, the following very short conversation took place:

 

Advisor: Hello, my name is ****** how can I help you

Me: I wish to appeal against a decision regarding my recent ESA claim following my Atos assessment.

Advisor: Ok.

 

Click.

 

Bloody hung up on me. :evil:

Not pleased at all, so will have another go Monday morning.

Link to post
Share on other sites

Not pleased at all, so will have another go Monday morning.

 

Once you have made the call, back it with a letter to the benefit office dealing with your claim. Send it recorded delivery if you can, and file the proof of delivery away with a copy of the letter. Should they deny deny receipt, you will have the evidence to hand.

 

Never trust anything someone says unless it is backed up in writing and/or you have a recording of the conversation.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

Once you have made the call, back it with a letter to the benefit office dealing with your claim. Send it recorded delivery if you can, and file the proof of delivery away with a copy of the letter. Should they deny deny receipt, you will have the evidence to hand.

 

Never trust anything someone says unless it is backed up in writing and/or you have a recording of the conversation.

 

I think I will put it in writing now Mr P :)

 

The address on the letter is:

 

Bolton Benefit Centre

Post Handling Site B

Wolverhampton

WV99 1SA

 

How messed up is this department when a letter for the Bolton Benefit Centre is sent to Wolverhampton, and I don't even live in Bolton either :)

What happened to the local Jobcentreplus offices handling claims.

Link to post
Share on other sites

Hi,

 

I'm a Welfare Rights Officer in my day job and I can advise that you need to request a mandatory reconsideration of the decision to place you in the WRAG. Ignore all the rubbish you may have re the points. All the 15 points get you is ESA. You then need to meet the limited capability for work related activity descriptors to be placed in the support group.The mandatory recon has to be done within 30 days of the date on the decision letter.

Link to post
Share on other sites

How messed up is this department when a letter for the Bolton Benefit Centre is sent to Wolverhampton, and I don't even live in Bolton either :)

What happened to the local Jobcentreplus offices handling claims.

 

I believe the DWP has had a major overhaul of all their Mail Opening Units and have centralised operations for most of England in Wolverhampton. There doesn't seem to be much point as it can only lead to delays and a greater risk of documents being lost.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Link to post
Share on other sites

I believe the DWP has had a major overhaul of all their Mail Opening Units and have centralised operations for most of England in Wolverhampton. There doesn't seem to be much point as it can only lead to delays and a greater risk of documents being lost.

 

Yes, all the mail goes to mail handling sites in Wolverhampton and is then scanned to the relevant benefit centre. For your peace of mind send it special delivery requiring a signature and keep a copy of the letter. Lead time for man recons is anything from 2 weeks to several months. Call them after about 10 days to check they received it too.

Link to post
Share on other sites

Hi,

 

I have now got the decision makers scoresheet and something is puzzling me so if anyone could just clarify things please.

As mazoo suggested, you need 15 points to qualify for ESA, but then need to meet the criteria for Support Group, I understand that.

What is puzzling me is, if you are awarded points for some of the actual Support descriptors surely that would mean that you have met those requirements. Or am I missing something.

 

Thanks

Link to post
Share on other sites

Hi,

 

I have now got the decision makers scoresheet and something is puzzling me so if anyone could just clarify things please.

As mazoo suggested, you need 15 points to qualify for ESA, but then need to meet the criteria for Support Group, I understand that.

What is puzzling me is, if you are awarded points for some of the actual Support descriptors surely that would mean that you have met those requirements. Or am I missing something.

 

Thanks

 

Do you mind if I ask how long have you been receiving IB before ESA?

Link to post
Share on other sites

Hi,

 

I have now got the decision makers scoresheet and something is puzzling me so if anyone could just clarify things please.

As mazoo suggested, you need 15 points to qualify for ESA, but then need to meet the criteria for Support Group, I understand that.

What is puzzling me is, if you are awarded points for some of the actual Support descriptors surely that would mean that you have met those requirements. Or am I missing something.

 

Thanks

 

It is my understanding that you do not receive points for the suppport group criteria, either you meet them or you don't. The points are awarded for the general descriptors, if you achieve 15 or more in total you are awarded ESA WRAG. In most cases (but not all) 15 points for a single descriptor would also entitle you to the support group.

 

Perhaps if you detailed which descriptors you have scored points on and how many, someone would be able to confirm you should be in the support group or alternatively explain why you're not.

RMW

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

Link to post
Share on other sites

RMW is correct re the points. You need 15 points to be placed in the ESA full stop. To be placed in the Support Group you need to meet one of the descriptors in the limited capability for work related test, which are different to the WCA.

 

However, would guess you have one or two issues that got you the 15 points in the first place, so concentrate on them and see which of the activities/descriptors may apply.

 

Also, bear in mind reg 35 may apply. This is a catch-all relating to the potential problems for a person or others if they were deemed fit for work related activity.

 

Without knowing where you got points it's difficult to say exactly which activity will apply for work related activity.

Link to post
Share on other sites

RMW is right.

 

Some descriptors are 15 points. In that case, you're entitled to ESA. Some of these are then support group, in which case, you're in the support group. The link I posted above tells you which ones they are.

 

Thanks Nystagmite, I scored a total of 21 points which qualified me for ESA, the points were for:

Standing and sitting 9 points

Coping with Change 6 points

Continence 6 points

 

For the Continence descriptor the DM has put:

 

"The overall evidence provided indicates that Mr Odds is, for the majority of the time, at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficiently to require cleaning and a change of clothing, despite the wearing or use of any aids which are normally or could reasonably be used and therefore six points are awarded"

 

I have been placed in the WRAG Group for 2 years.

 

Now to me, totally untrained of course, it would appear to me according to what the DM has written there that I satisfy the criteria in the link you posted with the Support Group descriptors.

 

Interestingly, the ATOS chap in his Prognosis at the end of the report has put:

 

Expected Change

Functional Problems

I advise that work is unlikely within 2 years

 

Reasons for the opinion given

The available evidence suggests improvement is unlikely in the longer term.

 

 

Can anyone offer some guidance please, I'm totally confused now :)

 

Thanks.

Link to post
Share on other sites

Seems to me your challenge should be the continence issue where you appear to have a solid argument. Also, the DM is not allowed to make decisions that appear not be reasonable, so I would therefore also argue the DM erred by not taking into account the RMP's statement you were unlikely to be able to work for two years.

Link to post
Share on other sites

Hi

 

I haven't yet sent my letter off to the DWP for the Mandatory Reconsideration, but I have been doing a lot of reading.

Everything I have seen says that if you are on ESA in the WRAG then your payments will only be made for 12 months, yet I have been placed in it for two years. Am I missing something obvious or just totally misunderstanding what I have read.

 

Thanks

Link to post
Share on other sites

Hi,

 

 

Someone will correct me if I am wrong but I believe you are placed on contribution based benefit for 12 months and then switched over to income based. You will still get money after the 12 months providing you do not have a working partner (or at least not working or earning over the threshold) and that you have no additional monies coming in which are counted (DLA and housing etc are not counted and are disregarded). In your original post you asked about backdating, if there is an increase in benefit it will be backdated to the date the decision was made. I was moved from IB to ESA last year (only after appeal, but I was placed in support group when I was accepted on ESA. All money was backdated)

Link to post
Share on other sites

  • 3 weeks later...

Hi,

 

Just a quick question, I have spoken to DWP regarding my Mandatory Redecision, I have since had an appointment made for an 'interview' at the local JC. The person I spoke to suggested I contact the local JC and see if they would postpone it until a decision was made. I asked about access to toilet facilities as this was what my claim was based on and again, he advised to speak to them.

So where would you stand legally if you need access to toilets because of incontinence, which is in my ESA report, and the JC couldn't provide that facility where would I stand (no pun intended) ?

 

Thoughts please.

 

Thanks

Link to post
Share on other sites

Could you ask for a phone interview instead?

 

I think by law, they are required to allow access to toilet facilities.

 

I don't know if they do interviews over the phone to be honest, I did ask the guy from DWP if the JC would be aware of my medical conditions but he wasn't much help and suggested I phone them.

I think I'll be taking a copy of my Atos assessment and DM report to let him read through and then we can start from there. :)

 

Thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...