My Nightmare ESA - Does the left know what the right is doing

mum2one
mum2one Posts: 16,279 Forumite
Xmas Saver!
edited 1 March 2012 at 1:22AM in Benefits & tax credits
I'm just having a nightmare with ESA, it amazes me how the system can be set up in such a way.

I'm sure the left doesn't know what the right is doing, so annoying that on assesment rate your left dangling while they decide what to do.
xx rip dad... we had our ups and downs but we’re always be family xx
«1345678

Comments

  • Badgersbabe
    Badgersbabe Posts: 17 Forumite
    Tell me about it Hun I have been on assesment rate for nearly 9 months now.I have 3 sons I have struggled daily to make ends meet.I eventually had my ESA tribunal on the 14/2 and won and was placed in the support group.Beleive me the nightmare does not end there.I am now waiting for all my backpay arrears to be paid and my correct ESA rate.This could take another month.You think when you go to appeal that its all over for a while but still it continues.How long you been on assesment rate?.Hope you dont have as long a wait as me.....
  • boobies
    boobies Posts: 283 Forumite
    Was there something you needed help with, or were you just moaning?
  • Muttleythefrog
    Muttleythefrog Posts: 19,749 Forumite
    First Anniversary Name Dropper First Post
    :) I was one of the first applicants for ESA... my 3 month assessment period lasted 12 months by which time they'd informed me I'd failed the WCA I'd never had and forced me to attend all the quota of WF interviews which would later be determined to be not necessary as placed in Support Group. It hasn't really improved much has it.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • It's going to be worse now they are not going to pay out during assessment rate :(
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    It's going to be worse now they are not going to pay out during assessment rate :(

    This is not the case.
    There have been no proposals to stop payment during assessment rate.
    What is currently being consulted on is a process which may slow payment during an appeal happening.
    This is _not_ the case for a normal claim, and it will not be clear what the government decide till after the consultation.

    http://www.dwp.gov.uk/consultations/2012/mandatory-consideration.shtml - the consultation. This is to work out regulations to apply the powers in the welfare reform act to allow this. Exactly what the procedure will be is unclear.
  • boobies
    boobies Posts: 283 Forumite
    :) I was one of the first applicants for ESA... my 3 month assessment period lasted 12 months by which time they'd informed me I'd failed the WCA I'd never had and forced me to attend all the quota of WF interviews which would later be determined to be not necessary as placed in Support Group. It hasn't really improved much has it.

    Whilst still far from perfect, it has improved considerably since it was introduced. But don't let that get in the way of being a drama queen, eh?
  • rogerblack wrote: »
    This is not the case.
    There have been no proposals to stop payment during assessment rate.
    What is currently being consulted on is a process which may slow payment during an appeal happening.
    This is _not_ the case for a normal claim, and it will not be clear what the government decide till after the consultation.

    This is to work out regulations to apply the powers in the welfare reform act to allow this. Exactly what the procedure will be is unclear.

    So is what you stated in the other thread right or wrong when someone asked about what the benefit changesacre that were passed last night? As you stated they now have power to remove payment? I can't post links it seems so will quote your words. Or is it just reconsideration?
    The power to remove the right to ESA repayments while a decision is being reconsidered - without limit of time for that reconsideration.
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    First Anniversary
    edited 1 March 2012 at 7:40PM
    What was passed last night was the ability to change the appeal process, currently you can Appeal (which includes a Reconsideration) or ask for a Reconsideration in its own right, the change will mean that you have to ask for a Reconsideration and if the decision is not changed you can then appeal.

    The issue is that you are not eligible for the Assessment rate during a Reconsideration whereas you are when you appeal. This has always been the case, but may not have been applied diligently by thw DWP.
  • Muttleythefrog
    Muttleythefrog Posts: 19,749 Forumite
    First Anniversary Name Dropper First Post
    edited 1 March 2012 at 8:09PM
    boobies wrote: »
    Whilst still far from perfect, it has improved considerably since it was introduced. But don't let that get in the way of being a drama queen, eh?

    It has improved in some respects.. and I've highlighted the ways in which I think it has to people on these threads... and indeed on another board. But generally speaking it is still appallingly administered and I think descriptor changes have been a step backwards.

    I was in touch with ESA regarding update on my re-assessment this week. The agent was clueless.. completely clueless.. I said to her that ATOS had closed their referral (presumably they've done what they need to do) a week earlier and as there was nothing on system I requested copy of the pre-board medical report and GP factual report but she didn't have a clue... ESA85A and ESA113... she says 'let me write that down and put it in an email'.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • What was passed last night was the ability to change the appeal process, currently you can Appeal (which includes a Reconsideration) or ask for a Reconsideration in its own right, the change will mean that you have to ask for a Reconsideration and if the decision is not changed you can then appeal.

    The issue is that you are not eligible for the Assessment rate during a Reconsideration whereas you are when you appeal. This has always been the case, but may not have been applied diligently by thw DWP.

    Ok, thanks for clarifying :)
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards