Confused with ESA claim

stazi

DMG memo 33/10 only came into effect from 28/6/10. The OP has been on ESA appeal rate since Jan 10, so I don't know if the DMG memo applies to pre 28/6/10 cases. The OP needs to ask JCP if the DMG memo applies to pre 28/6/10 cases.

NASA_2

stazi wrote: »

DMG memo 33/10 only came into effect from 28/6/10. The OP has been on ESA appeal rate since Jan 10, so I don't know if the DMG memo applies to pre 28/6/10 cases. The OP needs to ask JCP if the DMG memo applies to pre 28/6/10 cases.

The rule has been applied in plenty of cases I have come across in my job. At any point where new information is provided showing a different or deterioration of an illness the WCA process should be restarted.

Gemstar30

Hello everybody,

I had a telephone call today from the DWP (ESA) after waiting since the 27th September when they promised one within 24 hours!
I told them that they have to re-assess me because of the deterioration in my health but that are adamant that I will have to wait until after the appeal has been heard. I am now getting cross with them, they just don't seem to want to do anything for me.

I also asked that when I go into hospital in a few weeks, will I be treated as unfit for work (in hospital for at least 8 weeks) and be allocated one of the two groups. They said no! - As I am already receiving the assessmant rate that will continue. They went on to tell me that I would only be allocated it if I had not had the medical that I failed. I said that that wasn't fair, as I am clearly ill then and cannot work.

I have sent them a letter with details from another forum I am on (Consumer Forum) which details the law relating to a revision of my current status, but they just seem to be ignoring it.

I am going to write to my MP about this as they seem to be making up the rules as they go along. I did ask them what would happen if I died in the operating room - I couldn't work then!!

Thanks for putting up with me - it's more of letting off steam than anything else.

Thank you
Gemma