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I have been signed off ESA but no one from the DWP could be bothered to tell me
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OP if your wife is disabled are you claiming all you are entitled to for herNeeding to lose weight start date 26 December 2011 current loss 60 pound Down. Lots more to go to get into my size 6 jeans0
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Had a letter from DWP today, they wont back date my claim from when ESA signed me off as they said I had not satisfied the labour market conditions and I have not shown good cause for the delay in making my claim, so because of the DWP's incompetance and stupidity I will now appeal this decision as I have no way of losing the appeal, I wonder how much the appeal process will cost the taxpayer compared to the six days benefit they have to pay me.
Does anyone with brains work for the DWP ?
Sadly the DWP (and their computer system) seems to be incredibly poor regarding notifications and information regarding ESA. (I was informed I failed the WCA months before I had one.. and when I did have one 9 months late I never got notification of result). The administration of it is laughable... got plenty evidence from my own case.
If my understanding of your situation is right then like many you may benefit from appealing although a tribunal will be months away due to delays... make sure that intent to appeal is made known within deadline. Ask for a statement of reasons for their decision and a copy of the medical report... these are the two features you're going to be challenging in any appeal. Might be worth getting 3rd party support to help with the appeal.. CAB or welfare rights etc.
Definitely would advise against getting into any debate about what you should score in a WCA here unless you have serious doubts about whether you actually are entitled... there'll be a 2 member panel at appeal that you need to convince. And indeed many do successfully do that... including getting from 0 points to 15 or above to overturn the decision. Any supporting medical evidence you can get could be helpful. Normally you can get ESA at assessment rate whilst waiting for appeal (probably they'll expect medical certificates during this period)... and any additional monies backdated should the appeal be a success.
As general point... I would advise always that people request copy of their ATOS medical report from the DWP shortly after having their medical. At very least it should provide warning of what may be to come. It should also save any planned trip to the fiction section of your local library."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
I keep saying it isnt excessive.
When you applied for the backdating did you state that you were looking for work for the period you were looking to be backdated for?
Mugging is a criminal offence. Nothing comparable has happened to you.
Didnt cameron, or one of his cronies say benefit fraud was similar to mugging someone? Therefore, the reverse situation, where money is denied incorrectly through fraud/incompetance is really the same according to him. Its money taken that should not be taken, akin to a muggin.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
celinepatricia, you said "i see none of the nasties have replied to you, thin you have put them in their place" because Mrs Nashlyhad said she was horrified at some of the responses.......that inferres that some of the people who had replied had done so in a nasty manner.
many more people may well have replied in a more compassionate manner had her husband not referred to DWP staff as "incompetent", he also said and i quote "does anyone with brains work for the DWP", he then proceeded to have a go at two separate posters, and his wife wonders why people were not compassionate towards him!!!!!!!!!!!!!!
What a joy he is.
But its a well known fact that many (not all though) are incompetant.I repeat AGAIN it is not a decision that is made by DWP staff. i am the first to agree that if someone is entitled to claim a benefit then go for it but it is the system that is wrong not the staff.
It is a decision made by a decision maker, who works for the DWP.No, its because 'special' people like Mr Nashly talk !!!!, and that gets on my tits.
Its also because I have had to deal with idiots like him for a long long time and I am more than a little tired of it.
The state cant afford to support every !!!!!! who has a cold and wants benefit for it.
How many people get fit notes for a cold?
I cant imagine there are more than a handful of people in the assessment phase who dont have a fit note (probably no people actually, as the dwp insist on a fit note, and it would be a battle to get past that)
As its likely no one is on the sick with a fit note for a cold, that means the state is not paying anyone for having a cold, so why say that? Its just re-inforcing the propaganda many people already believe, that benefits are handed out for any minor problem.He would have been better formally appealing the original decision, denying him the right to ESA, which would have meant he would have remained on the ESA assessment amount until the appeal was heard.
He has a month to appeal, from the date of the decision letter, so he did have time to appeal.
These medicals are causing a certain amount of chaos (and mainly because of ATOS incompetence, not DWP workers lacking a brain!), but for those who persevere through the corract appeals process, many adverse decisions are getting reconsidered and overturned successfully.:T
It does take time because of the appeal backlogs and lack of trained DWP staff to process things quickly.
However, things are gradually changing, especially with all the input from Prof Harrington and the goverment committee reviews, and hopefully, at some point this whole ESA process will become much more straightforward, cost effective, and efficient.
I would say, though, that being unable to walk is not necessarily something that would provide entitlement to ESA, it would also depend on functionality and any other medical problems he has.
Lin
Harringtons research showed most DWP decision makers are basically lacking a brain, as they rubber stamp the atos report, instead of doing their job, as they are paid and legally obliged to do.
They are either doing this knowingly fraudulently, or they are incompetant. Or both.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
But its a well known fact that many (not all though) are incompetant.
It is a decision made by a decision maker, who works for the DWP.
How many people get fit notes for a cold?
I cant imagine there are more than a handful of people in the assessment phase who dont have a fit note (probably no people actually, as the dwp insist on a fit note, and it would be a battle to get past that)
As its likely no one is on the sick with a fit note for a cold, that means the state is not paying anyone for having a cold, so why say that? Its just re-inforcing the propaganda many people already believe, that benefits are handed out for any minor problem.
Harringtons research showed most DWP decision makers are basically lacking a brain, as they rubber stamp the atos report, instead of doing their job, as they are paid and legally obliged to do.
They are either doing this knowingly fraudulently, or they are incompetant. Or both.
In most cases, I disagree with that assessment!
DM's have to make decisions on what is front of them, on any forms and documents, and they have to justify it by abiding by the regulations.
The problems are with ATOS assessments, and some are appalling and incorrect, and/or a lack of proven medical evidence, which specifies why they cannot work, submitted by the claimant.
Of course, there are some bad DM's, as many staff are now undertrained and temporary, but I've always found the majority are doing a fairly good job.
My advice with all this is to prepare the ground - make sure that *you* have plenty of medical backup, send reports, get GP/consultant support, and be prepared to go to appeal if you disagree with a decision.
It's also advisable for anyone who doesn't really feel confident doing all this alone to get some professional help - either via the net (with the better advice forums), or via welfare rights/CAB.
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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