ESA Joint Claimant - Do I need to accept offer former employer who fired me

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  • Then if you are the Moderator/Administrator for this website, then yes you are liable.
    Did you not get the report?
    Of course you didn't because you would of known what it had said.

    And really is this helping what we have set out to do to help those that are sick and vulnerable?

    Now lets start doing some digging to see who you really are and who you work for!

    Anne (note I always leave my name, we do not hide behind anything unlike you!)
    We have took on some very very large companies and won FACT
    At our age nothing deters us
  • poppy12345
    poppy12345 Posts: 17,817
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    Then if you are the Moderator/Administrator for this website, then yes you are liable.
    Did you not get the report?
    Of course you didn't because you would of known what it had said.

    And really is this helping what we have set out to do to help those that are sick and vulnerable?

    Now lets start doing some digging to see who you really are and who you work for!

    Anne (note I always leave my name, we do not hide behind anything unlike you!)
    We have took on some very very large companies and won FACT
    At our age nothing deters us
    Confused yet again by your posts. They make no sense and i have no idea who you're supposed to be talking to. What reports? and who is working for who?
  • Yes from our research many things have come to light.

    You have to understand, we knew nothing about any of this due to working all our lives until a family friend told us about what had just happened, and as family needless to say we was disgusted by it all and just could not sit back and do nothing, hence 4 months on and countless research etc we made the decision to set up a website and campaign which went live yesterday 17th July 2017 which we know is not perfect and will be tweaked accordingly once we have shall we say somebody more professional to help us with the internet side of things, We didn't have computers and the internet in our day.
    The main thing is we felt that at least we are doing something now and Lord willing it can only get better.

    Regards Anne
  • poppy12345
    poppy12345 Posts: 17,817
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    Penitent wrote: »
    I'm lost, but if she's accusing me of defending the WCA when I quite clearly think it's atrocious, then she's definitely "deforming" my character.
    With no "quotes" used for "Annes" posts it makes it hard to know what/who she talking about or to. I first thought it could have been me lol but like yourself i claim ESA and in the Support Group, so it can't be either of us.
  • poppy12345
    poppy12345 Posts: 17,817
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    Then if you are the
    We have took on some very very large companies and won FACT
    At our age nothing deters us

    It would be very interesting to know what companies you've took on in the 4 months that you've been doing your research, since a lot of what you've said so far doesn't make any sense.....
  • poppy12345
    poppy12345 Posts: 17,817
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    edited 18 July 2017 at 6:43PM
    Penitent wrote: »
    I think I'm currently in month 15 of the assessment phase (yes, month 15). I think this the first time in my life I've actually wanted a WCA--the waiting is driving me mental(er). I just want it over with so I can start the inevitable appeal. Not that I'd know anything about WCA problems and appeals, of course, since they only popped into existance this month.
    15 months is unacceptable in my oppinion. Have you thought about contacting your local MP to get the assessment appointment quicker? It can't hurt to do this. My local MP has helped me in the past ( a few years ago)
  • nannytone_2
    nannytone_2 Posts: 12,944
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    Penitent wrote: »
    I think I'm currently in month 15 of the assessment phase (yes, month 15). I think this the first time in my life I've actually wanted a WCA--the waiting is driving me mental(er). I just want it over with so I can start the inevitable appeal. Not that I'd know anything about WCA problems and appeals, of course, since they only popped into existance this month.
    15 months is totally ridiculous.

    it is all very dependant on are, which is totally wrong.

    i had an ESA50 at the end of April and found out at the end of June that I'm back in the support group with no WCA necessary.

    if it can be done where i live, then there is no valid reason why it can't be done everywhere
  • Alice_Holt
    Alice_Holt Posts: 5,902
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    Needless to say he is appealing with our help but by doing so he has to wait for the decision and cannot get any benefits unless he stops this and re starts JSA which means he is then fit for work which he is not!

    I would suggest if you want to help this individual then your best course of action is to refer him to his local CAB / advice agency. They are well versed in guiding people through the ESA appeal process.

    The first step is to ask the DWP to look again at their decision. Here is a proforma to use:
    https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

    Base the grounds for appeal on the ESA descriptors:
    http://www.mybenefitsandwork.co.uk/med2/indexxx.php
    http://www.cpag.org.uk/content/making-exception

    Here is some more info:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    The DWP rarely change a decision at MR stage, so you can best help this individual by chasing up his MR with the DWP.
    Once he receives his MRN from the DWP he can take his appeal onto the tribunal service:
    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/

    At this stage he can ask for his ESA payments to be resumed pending his tribunal hearing.
    http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

    Your post displays some lack of knowledge around the ESA process and the ESA WCA activities and descriptors, so the best help you can give is to refer him to an organisation which can guide him through an appeal. You risk failing him badly if you try to do this by yourself. Are you, for instance, aware of the case-law attaching to the ESA regulations?
    https://www.rightsnet.org.uk/forums/but/viewthread/5286/ (as an example)

    I have provided all these links in part to show you the many authoritative organisations that deal with welfare rights, and have been involved with ESA appeals since ESA was first introduced in 2008!
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • poppy12345
    poppy12345 Posts: 17,817
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    Penitent wrote: »
    I had another skim through the fundraising page and noticed this right at the bottom:



    They are asking for money before deciding if they are a business or a charity, so at this point you don't know whether you're donating to a charity or funding a business start-up.

    They also seem to be considering some manner of no-win no-fee arrangement where they withhold part of the compensation from the clients they've just told us are "sick/vulnerable" in order to fund their business/charity.

    The only donation made so far is by a person who is involved in the fundraiser, who left herself this comment:



    I'm also a little confused as to why the page title says it's a fundraiser by x [surname] and the comment at the bottom is by x [surname], then the created by bit says it was started by y [same surname].
    I wouldn't pay these people to fight for me based on the following reasons.
    1/ There's people out there that you can go to for help with the appeal process that give their serrvices for FREE.
    2/ These people clearly don't have any idea about what ESA is about because she has no idea what she's talking about.
    I could sit and write more reasons but it's completely pointless. These posts by this person are just too funny. For all we know it could be billy in disguise or even Les:p :eek::rotfl:
  • Morglin
    Morglin Posts: 15,916
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    Anyone needing help with a claim or an appeal should use a professional adviser.

    Welfare Rights, CAB, and some housing associations/councils also have advisers.

    Don't rely on forums or funding pages!

    Despite the obvious foul ups with some claims, the vast majority of coherent and genuine claims go through without any problems - either paper assessments or f2f.

    Lin ��
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
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