ESA, DLA and PIP chaos - DWP overturning more than half of it's own decisions on MR..
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My advice would be to consider carefully because as you say you would be moved to PIP and could lose everything. I have read that appeals can take anything up to 14 months at the moment, though hopefully some of the other members will tell you if that is accurate or not.
If you are on high rate mob + mid rate care on DLA you are getting £440 every 4 weeks? The enhanced daily living rate on PIP is £79.15 a week which would mean an increase of £26.15 a week or £104.60 every 4 weeks.
That is a decent amount of money but the down side is if you were refused you risk losing the £440 you currently get and could potentially be looking at losing that until a successful appeal, which is not guaranteed. Could you survive without the £440 you currently receive? That is the gamble you would be taking.
I personally would think long and hard before going for a change of circumstances there is something to gain but also a lot to lose.
Maybe Roger or some of the others can give you some guidance but at the end of it all it comes down to your decision and what I think is really a lottery. I would probably stick with what you have in your position as there is a lot to lose.0 -
There is a lot of interesting reading in this thread and it is really informative. It goes a long way to perhaps explaining how I managed to get my DLA renewed in record time, with increased care and an indefinite award, without any medical (if you can call them medicals), or even a request for information from my GP. The only "evidence" I included with the form was my repeat prescription slips, which obviously show all the medicarion I take every day.
I remain in total shock at my result and new award completed in 24 hours!
I hope they continue to get further behind and migrations keep getting bumped for a long time. I know that sounds a bit selfish and I feel for those left in limbo but the longer they leave me alone the better, as it is stress and worry you just don't need!!0 -
This thread is good timing. DWP changing their original decisions.
I have often seen reference to the majority of JSA sanctions being overturned on appeal and it seems that's not quite correct according to my research.
The success lies in persuading the Job Centre to change their mind, exactly as the thread title suggests.
So that's 46% success at the review stage and 18% at the appeal stage.Since the new JSA sanctions regime was introduced on 22 October 2012, there have been a total of 1,028,819 adverse JSA sanction decisions up to the end of December 2013.
Of those 1,028,819 decisions:
317,411 were reviewed – 146,486 were overturned
34,503 were appealed – 6,158 were overturned at appeal
Or put another way, the appeal tribunals agree with the sanction 82% of the time.
Of course, it's entirely possible that had decisions not changed at the review stage, they would have proceeded to appeal and would have been overturned then, thus increasing the rate at which appeals disagreed with the sanctions.
It seems that, with more time, the "right" (or fair) decision is being made without it having to go to appeal.
No doubt that's due to "over eagerness" to hit sanction targets and insufficient time given to allow staff to consider these things properly in the first place.
But that's quite normal in underfunded government departments and a false economy when the problems have to be paid for. (as with the passport office backlog)
I wonder if sanction decisions made still count in JC stat returns even if they've been overturned at the review stage?0 -
I actually work in the tribunals office, for DLA, ESA, etc etc, I will be quite honest and tell you that we have had no work at all for the past 6 months, this is why no one are having appeals, or reassessments done. At the end of last year our office recruited and trained, 32 extra staff to deal with appeals, these people have now been dismissed, because of the lack of work, many of the experienced staff in our department have been advised to apply for voluntary redundancy, or apply for a posting in a different department.
The reason why we have no work is because ATOS will not release all the medical files that they have, until their contract has been resolved. ATOS were not up to doing the job, they did not realise how difficult it will be. We have some people on our system that have been waiting for 3/4 years for answers, and we can not do anything about it.
Our bosses told us this morning, that this is going to be like this for at least another 6 months. And in the meantime, the trained staff are leaving for other postings, and when the work does start coming in. There will be no staff capable of doing the job everyone will have to start from scratch. It is so damned annoying, all I do all day is play solitaire on the computer, or read magazines, I want to work, but there is no work to do.
This is the reason why the decisions are being overturned, we know that we do not have the paperwork to fight an appeal, so until things change people are being allowed to keep there benefits.0 -
jennyjenkins wrote: »I actually work in the tribunals office, for DLA, ESA, etc etc, I will be quite honest and tell you that we have had no work at all for the past 6 months, this is why no one are having appeals, or reassessments done. At the end of last year our office recruited and trained, 32 extra staff to deal with appeals, these people have now been dismissed, because of the lack of work, many of the experienced staff in our department have been advised to apply for voluntary redundancy, or apply for a posting in a different department.
The reason why we have no work is because ATOS will not release all the medical files that they have, until their contract has been resolved. ATOS were not up to doing the job, they did not realise how difficult it will be. We have some people on our system that have been waiting for 3/4 years for answers, and we can not do anything about it.
Our bosses told us this morning, that this is going to be like this for at least another 6 months. And in the meantime, the trained staff are leaving for other postings, and when the work does start coming in. There will be no staff capable of doing the job everyone will have to start from scratch. It is so damned annoying, all I do all day is play solitaire on the computer, or read magazines, I want to work, but there is no work to do.
This is the reason why the decisions are being overturned, we know that we do not have the paperwork to fight an appeal, so until things change people are being allowed to keep there benefits.
Hi Jenny
What happens to people who are due an appeal and have been told that the money stops after 12 months.0 -
Hi Jenny
What happens to people who are due an appeal and have been told that the money stops after 12 months.
It will stop as normal, but as soon as you appeal, the money will restart being paid. this is supposed to be kept quiet, hoping that people will go away, but appeal, and we have to pay you until, something is sorted out with another firm, apart from ATOS0 -
jennyjenkins wrote: »It will stop as normal, but as soon as you appeal, the money will restart being paid. this is supposed to be kept quiet, hoping that people will go away, but appeal, and we have to pay you until, something is sorted out with another firm, apart from ATOS
A relative of mine is waiting for his appeal and has been told his money will stop in August, does that mean he has to re appeal and he will carry on being paid until he gets an appeal date.
Thanks for your input.0 -
jennyjenkins wrote: »It will stop as normal, but as soon as you appeal, the money will restart being paid. this is supposed to be kept quiet, hoping that people will go away, but appeal, and we have to pay you until, something is sorted out with another firm, apart from ATOS
Jenny,
If you are really an insider - I assume that this is NOT your real name ?
Please take care - I have heard stories (through my trades union) of Whistle blowers being hounded until they resign - so be very careful !!0 -
A relative of mine is waiting for his appeal and has been told his money will stop in August, does that mean he has to re appeal and he will carry on being paid until he gets an appeal date.
Thanks for your input.
Did he fail the assessment or is he appealing the decision to place him in the WRAG? In the latter case his payment will be means assessed after a year. In the former case he will continue to receive the assessment rate until his appeal is heard.0 -
No it is not my name, those of you on PIP at the moment will be the only ones, it is all going to revert back to DLA, this is why people who are applying for PIP are being send DLA forms out. We have had to stop all the contracts with the Doctors, because we can not hold appeals.0
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