ESA Appeal Help Please :(

MissMad

Hi, this is the first time i've asked for help but i just dont know what to do.
I received a letter from ATOS last week saying that i received a big fat 0 out of 15 on my assessment and that i am capable of work.
I was diagnosed with depression in January after a long few months of being bullied at work and stress at home it all just got on top of me. I opted for the councelling over the drugs as i believe in fixing myself not the drugs fixing me.
I went for this assessment and the guy seemed more bothered with whether i could make my bed then why im depressed, why im seeing a councellor and why i cant leave the house on my own. Which i cant. I had to rebook the appointment 4 times because i had nobody to go with. I wont go out of the house on my own and find reasons to stay in the house. Yet this !!!!!!! thinks im okay to go out and look for work.
I've been worse then ever sincce i got the letter.
Now i just dont know what to do first. Everytime i think i have a plan of action i find something i've missed and feel like giving up.
What am i meant to do first?
Ring them. Speak to them. Scream at them? Be3cause thats what i feel like doing.
Please someone just point me in the right direction before my head explodes.

allen35

Firstly you need to appeal either by letter or form GL24 explaining the reasons why you disagree with the decision, this should then trigger payments at the assessment rate until your appeal has been heard.

You need to get a list of the descriptors to suit what assessment you had, i'm sure there are 2 and depends on when you had your medical (pre march 28th or after)

Can you access a CAB or other welfare rights org' for assistance.

Contact ESA and request a copy of your assessment, this will probably have the descriptors on it.

It is getting more and more difficult to be classed unfit for work due to mental health problems.

Keep an eye on your post, others will add info'.

MissMad

Here are the questions i really keep getting confused over.

Should i ring up and let them know i am appealing?

Should i go to my local CAB for advise?

When will my money be reinstated?

Should i wait for the report to come through the post before i send in the appeal?

Should i get letters from my doctor and councellor?

Should i wait for these letters or can i just send the form in and then send the evidence in later?

Cpt.Scarlet

MissMad wrote: »

Should i ring up and let them know i am appealing?

There's no point as appeals have to be submitted in writing on a GL24 form that should have been included with your decision letter.

Should i go to my local CAB for advise?

Yes or try contacting a Welfare Rights Office

When will my money be reinstated?

After they receive your GL24, it is worth writing on this that you want to receive ESA at the assessment rate until you appeal is heard.

Should i wait for the report to come through the post before i send in the appeal?

Yes, if time allows, you have 4 weeks from the decision letter to submit your appeal, that way you can base your reason for appeal on what the ATOS "doctor" has said.

Should i get letters from my doctor and councellor?

Yes, but is worth waiting to see if the CAB or Welfare Rights can help you as they can help you request this.

Should i wait for these letters or can i just send the form in and then send the evidence in later?

If you can get additional evidence to go with your GL24 then do so, as the DWP will look at it as part of a Reconsideration, but if you can't get it there within the 4 weeks, then don't worry as you can continue to submit evidence up and till about 2 weeks before your tribunal.

MissMad

The date on the letter is the 23rd. I was away at the time and got back to find the letter on saturday. Leaving me with one less week to sort things out. I have no money. The last payment i recieved was on the 20th and i was supposed to get a payment on friday.
I havent got a clue what im going to do.
The stress of bills not being payed and worrying that ill mess this appeal going to kill me
Im going to go and see the citizens advice tomorrow, i have no money so ill be walking. I have to go alone as there is nobody to go with me.
What do i need to take with me?

MissMad

So if i send it in before they re consider then it will be used in the re consideration? And if after it will be used in the tribunal?

Cpt.Scarlet

MissMad wrote: »

So if i send it in before they re consider then it will be used in the re consideration? And if after it will be used in the tribunal?

Yes, when you request an appeal, the DWP will automatically carry out a Reconsideration, however, the chances of them overturning the decision at this stage, without some significant evidence or a fundamental problem withe original decision is low. You probably have 4-5 weeks in which they'll look at anything new then they'll make decision, if they don't find you they'll pass all the papers to the Tribunal service.

Morglin

Hopefully, the decision will be changed at the 'reconsideration stage' and there is evidence of many being overturned now, at this point.

However, if it does go to tribunal, make sure you attend.

Appeal successes are approx (on average) 10% for non attendees, 43% for attendees, and 80% for represented attended appeals (with a welfare rights worker).

So, it is important that you go in person, if it actually goes to tribunal.

Meanwhile, while you are waiting, you are entitled to ESA payments, at assessment level.

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

Lin

deathvalleydemon

im trying to find someone that could represent me at my appeal. tried looking for welfare rights in the dudley west midlands area but to no avail. the cab guy im using at the mo cant come with me....

any help would be welcomed.