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Incapacity benefit...confused.

2»

Comments

  • gooligan
    gooligan Posts: 88 Forumite
    Part of the Furniture Combo Breaker
    This is now getting even crazier,he sent a letter to the person who made the decision telling her she had made a mistake and provided copies proving again she had got the dates wrong,all she did was send the letter to the tribunal so he went above her head to the manager and yesterday got a reply from the tribunal,original decision stands,although they now acknowledge they got the dates wrong they are now saying they never got his claim form at all and he provided no proof he sent it,ie no post office receipt.How can he provide a receipt when he says he sent the form back in the pre paid envelope it came with?
    I think they are being very sneaky,first they tell him they never received the form by a certain date and when it was proved they got the dates wrong they turn round and say they never got the form at all.
    He told me last night he has now had no money since January,he was advised to make a new claim but when he rang them they said he couldn't make a claim until his appeal is heard and if his appeal is successful he will get all the money backdated,his tribunal wont be heard until at least October.
    Are these people complete morons?
    Rant over,got to go to work.
    Any advice would be greatly appreciated.
  • Broke_n_Broken
    Broke_n_Broken Posts: 195 Forumite
    edited 20 March 2012 at 10:11AM
    Isn't he getting the assessment rate? I'm pretty sure that he should be while the appeal goes through. Ask for advice about that here, I think he has to send fit notes (sick notes).

    What a complete load of TW*TS some of these people are and yes they do seem to magically & conveniently lose forms on purpose.

    It won't help this time, but for next, you can ask for a proof of posting receipt at the post office, it's free.
    I wish I could fly, right up to the sky! But I can't...
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    I reserve the right to edit my posts so you are wrong & I am right!
  • firesidemaid
    firesidemaid Posts: 2,140 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    personally, i would get both of you down to the nearest benefits/job centre to use their phones/staff to sort it out - and stay until its sorted.

    if need be, also put in a claim for IS or emergency money because he has no money.

    take EVERYTHING with you - hopefully you might find someone with some common sense?

    i do feel for you.
  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    I think that not returning the ESA50 or not attending the medical can both be used as grounds for not paying the assessment rate. This is a rather complicated situation and the OP (and/or brother) really needs some expert advice from somewhere like CAB.
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    Has his DLA also been stopped?
    How people treat you becomes their karma; how you react becomes yours.
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