confusing esa letter...

Blackpool_Saver

are they not letters about deductions to pay back you SF loan and nothing to do with you entitlement to ESA, or am I missing something?

deathvalleydemon

Blackpool_Saver wrote: »

are they not letters about deductions to pay back you SF loan and nothing to do with you entitlement to ESA, or am I missing something?

look at the top of the second letter is quite clearly states that they have changed their minds on their decision regarding my esa...

Blackpool_Saver

yes it does it means about taking money from it to pay your SF loan

deathvalleydemon

Blackpool_Saver wrote: »

yes it does it means about taking money from it to pay your SF loan

so why then have two advisers told that i have been awarded my esa you numpty?

Blackpool_Saver

Still not convinced, and we all know that people on the phones don't always give the correct advice,
By the way, stick and stones....

Muttleythefrog

deathvalley.

What was the response from you/them to "where it says the date 5/5/11 i do have a letter from that date saying they couldnt reconsider and required more evidence but i cannot find it... "? If you appealed then they will automatically carry out a reconsideration first (before sending off papers to tribunals service if decision unchanged) but I wouldn't have expected them to need any more evidence to reconsider since they had enough to make original decision plus they'll have more from whatever you've stated when indicating appeal. So that sounds like a bizarre letter too.

When did you formally appeal, what was the original decision (the one you appealed) date, and have the tribunals service been in touch at all yet?
(If you've heard nothing from tribunals service and the dates are as approx appears then it seems they have just been really slow to do their automatic reconsideration.)

deathvalleydemon

Muttleythefrog wrote: »

deathvalley.

What was the response from you/them to "where it says the date 5/5/11 i do have a letter from that date saying they couldnt reconsider and required more evidence but i cannot find it... "? If you appealed then they will automatically carry out a reconsideration first (before sending off papers to tribunals service if decision unchanged) but I wouldn't have expected them to need any more evidence to reconsider since they had enough to make original decision plus they'll have more from whatever you've stated when indicating appeal. So that sounds like a bizarre letter too.

When did you formally appeal, what was the original decision (the one you appealed) date, and have the tribunals service been in touch at all yet?
(If you've heard nothing from tribunals service and the dates are as approx appears then it seems they have just been really slow to do their automatic reconsideration.)

i cant find the letter thats dated 5/5/11 but when i asked for a reconsideration when i first appealed i had a copy of the stuff from the tribunal service and also a letter from the dwp saying that they couldnt reconsider and if i had anymore evidence then to send it to them...

last week i had a £5.00 suprise increase in my esa, i rang to ask them why and they said it was from a previous loan i was paying off. whilst on the phone i asked the guy what was happening regarding my appeal as its been almost a year since i appealed.

he said "when they change it in your favour" then he coughed and said "IF they change it"... then days later i get this letter saying that they have changed their decision.

as i said, i sent in the medical report to the dwp from the medical i had for industrial injury benefit thats showed in great detail all the problems i have and asked how they could miss it off my esa medical report but this medical report shows it, so i asked them to take this into consideration... then this letter drops on my door saying that theyve reconsidered...

im gonna ring them on monday morning and ask what the hell is going on...

Muttleythefrog

If the tribunals service were in touch then it does seem you formally appealed... this is different than requesting a reconsideration... although automatic reconsideration is done if you formally appeal. The DWP seem to have really confused matters with this 'send us more evidence to reconsider'... sounds like they held off reconsidering and forwarded your papers to tribunals service leaving the option of automatic reconsideration open... obviosuly until appeal was heard. All very bizarre. Appeals can take many months.. perhaps even over a year to be heard due to backlogs. The DWP wouldn't be able to advise regarding appeal though as they don't handle appeal - that's for the tribunals service.

So that report you sent them seems to have triggered that auto-reconsideration at the DWP even though you were in the process of awaiting appeal hearing date.

Definitely ring them... demand to know what group you've been allocated to.. WRAG or Support Gp... if they can't answer that simple question or explain otherwise what is happening then I'd be inclined to start upping the ante... remind them you have an MP and start taking names. If they get funny explain that you've received a letter saying they've changed their decision but they haven't said what the new decision actually is - a logical question to therefore ask.

deathvalleydemon

Muttleythefrog wrote: »

If the tribunals service were in touch then it does seem you formally appealed... this is different than requesting a reconsideration... although automatic reconsideration is done if you formally appeal. The DWP seem to have really confused matters with this 'send us more evidence to reconsider'... sounds like they held off reconsidering and forwarded your papers to tribunals service leaving the option of automatic reconsideration open... obviosuly until appeal was heard. All very bizarre. Appeals can take many months.. perhaps even over a year to be heard due to backlogs. The DWP wouldn't be able to advise regarding appeal though as they don't handle appeal - that's for the tribunals service.

So that report you sent them seems to have triggered that auto-reconsideration at the DWP even though you were in the process of awaiting appeal hearing date.

Definitely ring them... demand to know what group you've been allocated to.. WRAG or Support Gp... if they can't answer that simple question or explain otherwise what is happening then I'd be inclined to start upping the ante... remind them you have an MP and start taking names. If they get funny explain that you've received a letter saying they've changed their decision but they haven't said what the new decision actually is - a logical question to therefore ask.

im worried now that this is gonna have been one huge mistake on their behalf... surely god when i spoke to them on friday they would have known on my file what was happening?

the guy i spoke to on friday nite after i rang them back again after they didnt call me back with the 3 hours like they said they would told me that i owuld be hearing from them in the next few days to tell me what will happen next. but surely in the letter that i showed you when it says they have reconsidered the decision, would it not mention what happens next regarding the 2 groups?

if they've got it wrong... what a kick in teeth it is....

Muttleythefrog

deathvalleydemon wrote: »

im worried now that this is gonna have been one huge mistake on their behalf... surely god when i spoke to them on friday they would have known on my file what was happening?

Sadly their admin and ability to give information can be beyond belief in its lack or error. Then once in a while you get contact with someone who is really switched on and fills in all the missing gaps and misunderstandings and sounds convincing enough to make you believe they actually are giving meaningful facts. Try not to worry... I still think in all probability you have been put onto the main phase of ESA and that they're communicating this extremely poorly in written form and on phone... not least because none of them have indicated the crucial piece of information that is which group in the main phase. When they communicate that or your money changes in accordance then you can rest. I'm confident they were right on the phone... just woefully inadequate.

Regarding the letter. It looks like a badly constructed one that attempts to get around the possibility the computerised system is inadequate to address the circumstances... to be blunt it was probably written by someone who is barely literate, low paid and low skilled. I think you have to just try getting this out your mind until next week... as I always say... if you claim ESA and are not ill.... then by the time the DWP have finished with your claim you will be.