Can I speak to a decision maker?

justmyself

Hi all,

1 Just wondering do claimants have a right to talk to a decision maker on the phone after their claim for benefit is turned down?

2 Is it possible that for Esa in the future should the independant tribunal service be overloaded with appeals that the goverment might decide to do away with it altogether and just let people appeal to the DWP which probably would be able to go through appeals a lot quicker?

Thanks very much for any replies.

justin

frank_begbie

justmyself wrote: »

Hi all,

1 Just wondering do claimants have a right to talk to a decision maker on the phone after their claim for benefit is turned down?

2 Is it possible that for Esa in the future should the independent tribunal service be overloaded with appeals that the government might decide to do away with it altogether and just let people appeal to the DWP which probably would be able to go through appeals a lot quicker?

Thanks very much for any replies.

justin

Got my decision back today after the medical, guess what? no points:rotfl:

I know I'm not the most disabled person on the planet but to get no points is ridiculous.
Last time I had an assessment I got 9 points, increased to 12 points after appeal.

I plan to appeal but just wondering what's the best thing to do now.
Claim Job seekers again or Employment Support allowance?

Is there any difference in the amount, when waiting for an appeal?

MrsManda

justmyself wrote: »

Hi all,

1 Just wondering do claimants have a right to talk to a decision maker on the phone after their claim for benefit is turned down?

2 Is it possible that for Esa in the future should the independant tribunal service be overloaded with appeals that the goverment might decide to do away with it altogether and just let people appeal to the DWP which probably would be able to go through appeals a lot quicker?

Thanks very much for any replies.

justin

Not sure if you have the right to talk to the DM but you can ask the office to explain to you exactly how they made the decision.

tomitma

No you dont have the right to speak to a Decision Maker, but you do have the right for them to send you the reason why they made that decision.

The appeals are now going through the roof all over the country, a relative of mine actually works in the DWP appeals office, her work has quadrupled, but they are not getting more staff in that dept. At the moment she works till 9pm every work day, and also works Saturday and Sundays, at the moment the time for you to be given an appeals date is a 1 year.

nearlyrich

These are people doing a job following the rules set out by government, they are not responsible for the rules just the implementation of them and making it personal is just ridiculous.

dookar

Yes you have the right to have the decision explained to you.

stazi

There is no reason you cannot speak to a DM.

The JCP Benefit Centre will still have your medical report, however, all a DM will be able to do is explain the decision of why didn't satisfy the WCA.

A good starting point is to understand the WCA, and how the points are awarded from the attached ESA 214 guide.
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

If you appeal, you need to provide more/new evidence to support it. Another DM will look at your case again using the original report, your ESA50 questionaire, and any more/new evidence you provide.

cit_k

Yes, you can ring and ask to speak to a DM, they usually have to arrange to phone you back.

shelly2jn

[QUOTE=
I know I'm not the most disabled person on the planet but to get no points is ridiculous.
Last time I had an assessment I got 9 points, increased to 12 points after appeal. [/QUOTE]

Well if we all had that attitude no one would work. Benefits are there for the most disadvantaged of our society. (And by that I mean people who literally cannot get out of bed without help for what ever reason) I have numerous health problems which, if I chose to, would lead me to a life on benefits, but I choose not not to. I'd rather go to work, in pain, and know that the money I've brought home at the end of the month is my money that I have earned. I will not be beholden to anyone. I pay my mortgage, provide for the children I chose to have and I will continue to do so until I can do so no longer. I work in the benefits system and to have a little 18 year old, I can think of no polite way of putting this, CHAV, come in and tell me he is too depressed to work, Oh come on!! I see people abuse this system every day "Oh, I'm too sick to work, I can't cook for myself (but they can lift a bottle of buckfast) I need a crisis loan cause I lost my money for the 17th time this year! Seriously, this is what is wrong with the system, too many players!

cit_k

shelly2jn wrote: »

Well if we all had that attitude no one would work. Benefits are there for the most disadvantaged of our society. (And by that I mean people who literally cannot get out of bed without help for what ever reason) I have numerous health problems which, if I chose to, would lead me to a life on benefits, but I choose not not to. I'd rather go to work, in pain, and know that the money I've brought home at the end of the month is my money that I have earned. I will not be beholden to anyone. I pay my mortgage, provide for the children I chose to have and I will continue to do so until I can do so no longer. I work in the benefits system and to have a little 18 year old, I can think of no polite way of putting this, CHAV, come in and tell me he is too depressed to work, Oh come on!! I see people abuse this system every day "Oh, I'm too sick to work, I can't cook for myself (but they can lift a bottle of buckfast) I need a crisis loan cause I lost my money for the 17th time this year! Seriously, this is what is wrong with the system, too many players!

Firstly, you are completely and utterly wrong, about the criteria for benefits, but seeing as you say you work for the dwp thats not suprising in the slightest.

You also contradict yourself in your post (first of saying you have to be unable to get out of bed, then saying you can work yourself, BUT would qualify for sickness benefits) but again, working for the DWP, contradictions are probably second nature to you.

You admit to going to work in pain (obviously pain severe enough to qualify you for benefits in your opinion) so therefore, you are obviously not working at 100 percent efficiency (as no one can when in pain) and are likely to be grumpy with other staff and customers due to the pain, again though, no suprise there....

I_luv_cats

shelly2jn wrote: »

Well if we all had that attitude no one would work. Benefits are there for the most disadvantaged of our society. (And by that I mean people who literally cannot get out of bed without help for what ever reason) I have numerous health problems which, if I chose to, would lead me to a life on benefits, but I choose not not to. I'd rather go to work, in pain, and know that the money I've brought home at the end of the month is my money that I have earned. I will not be beholden to anyone. I pay my mortgage, provide for the children I chose to have and I will continue to do so until I can do so no longer. I work in the benefits system and to have a little 18 year old, I can think of no polite way of putting this, CHAV, come in and tell me he is too depressed to work, Oh come on!! I see people abuse this system every day "Oh, I'm too sick to work, I can't cook for myself (but they can lift a bottle of buckfast) I need a crisis loan cause I lost my money for the 17th time this year! Seriously, this is what is wrong with the system, too many players!

The person asked about speaking to a DM or whether a Tribunal would be done away with.

Did it really warrant your comments!! ?? !!

How do you know their situation, do you judge everybody coming through your office as a chav?? (your word) If you do then you are clearly in the wrong job and planet!!

Also, NO SYSTEM - NO JOB for you to be judgemental!!!