Got the evidence - now what?

andyandflo

Hi all,

Just a recap been claiming ESA since October 2009, had medical in January 2010, and had letter failing me in March 2010. Put an appeal in straight away.

Now have medical reports from 4 different hospitals that are treating me with three consultants & records & report from GP. All at a cost of over £300!!!

Rang DWP told them I have everything - where should I deliver it - the local JC+?

They said don't bother, the file has gone to the Tribunal for a hearing - which will be in late September 2010.

Yeah, but why can't you look at it and re-consider your decision?

No - once the file has gone to them, it's up to them to decide now. Why have you left it so late in getting the evidence?
Idiot! because, it has only just all arrived and I needed time to put it together - took 2 weeks.

Ah, but you should have had it when you sent in your ESA 50!!!

Absolute morons!!!


Anyhow does anybody know if I have to wait until late September for the Tribunal - do they have to take the evidence from me and review the case now?

Obviously the extra money would come in handy now not in 3 months time!
Thanks

Hammyman

There's a big BUT. Does the evidence show you're completely incapable of any work or is it just verifying your condition?

I have a spinal injury, got it for life. I'm under a consultant neurosurgeon and there's no argument about my condition. BUT my hands, arms, eyes, ears and brain are fully functioning (some would dispute the brain part -lol) and it doesn't exclude me from doing admin type work.

andyandflo

Hammyman wrote: »

There's a big BUT. Does the evidence show you're completely incapable of any work or is it just verifying your condition?

I have a spinal injury, got it for life. I'm under a consultant neurosurgeon and there's no argument about my condition. BUT my hands, arms, eyes, ears and brain are fully functioning (some would dispute the brain part -lol) and it doesn't exclude me from doing admin type work.

All three consultants state that I should not entertain any work due to the effect it may have on my body, no stress, no pushing, no lifting, no carrying. In addition my GP states that in view of the high dosage of Morphine Sulphate I take every day, I am not able to concentrate and that I am not safe to be left on my own. When the Morphine does not kill the pain, I have to go to A&E for admission and intravenous Morphine until I am stable - takes about a week. It was well worth the money to get these reports, normally they just say what is wrong with you

I have all the medical evidence backing these up and the illnesses as well. In addition I have two independent Civil Service Occupational Health Assessments dated 2009 which both state that I am not able to work and should be retired on grounds of ill health. I took that and am now a 'pensioner' at 61 ummmm!!

dmg24

OP, how do you expect people with connections to the DWP to help you when you refer to them as morons and idiots?

They are correct, you should have submitted the evidence sooner. Your case will have already been reconsidered prior to having been sent to the Tribunal. You can send the information to the Tribunals Service, but you will now have to wait until the hearing.

Indie_Kid

andyandflo wrote: »

Ah, but you should have had it when you sent in your ESA 50!!!

I agree with them. And how does this make them "morons"?

healy

dmg24 wrote: »

OP, how do you expect people with connections to the DWP to help you when you refer to them as morons and idiots?

They are correct, you should have submitted the evidence sooner. Your case will have already been reconsidered prior to having been sent to the Tribunal. You can send the information to the Tribunals Service, but you will now have to wait until the hearing.

I think the number of replies will be reduced by the name calling.

Oldernotwiser

Was it worth spending all that money to claim ESA rather than Pension Credit? (Genuine question.)

andyandflo

sh1305 wrote: »

I agree with them. And how does this make them "morons"?

It takes 40 days for all of the info to come (DPA). Another 14 days at least to assemble it. Before all of that I had to see my consultants to tell them what I wanted. Two are in Liverpool - 330 miles away.
Then had to have a meeting with my GP.

I didn't know what I was supposed to send with the ESA50, only found that out from this and other forums.
There are no advice centres here apart from CAB which to be honest are useless. So had to do it on my own!!

When I did find out I started the ball rolling.

I have had nothing but agravation from JC+ & DWP -BDC. Lost letters, lost sick notes, failure to reply to over 14 letters I sent them. I actually had to complete 4 ESA claims because they couldn't find them!!!

Then no money for 2 1/2 months!! Then told to claim JSA - ESA then cancelled, JSA refused to take me on board - too sick. Another new ESA claim and the list goes on and on.

Having worked in the Civil Service for many years I do know how things work, but the DWP take the biscuit - certainly not fit for purpose. And to top it all I had a cheque for £25 to say sorry!!!

andyandflo

Oldernotwiser wrote: »

Was it worth spending all that money to claim ESA rather than Pension Credit? (Genuine question.)

errr yes, how else do you think I would have got the evidence I need to prove ATOS wrong?

I do claim Pension Credit as a top up on my ESA payment. Only £5.23 - but it all counts. Have been doing so since October 2009, the same date I claimed ESA - put the two claims in together.

dmg24

You have had considerably longer than forty days, and how does it take fourteen days to put some reports in an envelope?

I can't see any reasonable explanation for your submission taking so long. I do hope you were not rude to the person on the telephone.

Indie_Kid

andyandflo wrote: »

I have had nothing but agravation from JC+ & DWP -BDC. Lost letters, lost sick notes, failure to reply to over 14 letters I sent them. I actually had to complete 4 ESA claims because they couldn't find them!!!

This is always why I send photocopies off. I need to send off some evidence to DWP (which I keep forgetting about:o) and 2 of those letters are letters from the hospital. I have the originals on my desk and I'll be sending the photocopies off to DWP.