How long to wait to chase up ESA appeal?

Katykat

Thanks mutley. I think i will have one more go at phoning and back it up with another letter informing DWP that I will contact my MP if they still delay the reconsideration. The whole thing is is getting me down now. I have been unwell with an unrelated illness which my Dr now says has been exacerbated by stress. I'm not going down the whole " stress" routine as there have been other issues that may have contributed, but it certainly hasn't helped. Its put me in a situation where my Dr thinks I'm unfit, the ATOS Dr says I'm unfit but because my OH works 28 hrs week ( FOR THE DWP IRONICALLY) then I dont have any income any more. I do understand that imay get back pay, but i cant go to asda on that pretext.

Note to self - I must get tougher with authorities.

earthbound_misfit

Depending on what your partner earns, would you possibly be entitled to any housing benefit?
Also, if they can possibly get 2hrs more work a week they may be able to claim working tax credit. (know it's not easy getting the hours though!)
The other suggestions I have are:
1) Having a look around these boards for moneysaving tips.
2) You may be able to get free prescriptions if on a low income, or if you have certain conditions you can get a Medical Exemption certificate for free prescriptions.
3) The Warm Home Discount scheme gives £120 off fuel bills for certain disabled groups - The DLA should mean you qualify, but you may have to apply in winter, not sure.
4) Is it worth re-applying for DLA due to a deterioration in your condition? Do you need more help/care? This may be playing with fire, I'm hoping others can advise more on this...

earthbound_misfit

Oh and you may be able to get a council tax discount too...
Apologies for veering off the original topic, just thought there might be other things to look at if it doesn't work out with the ESA.

bex_n_mick

Muttleythefrog wrote: »

Interesting. You don't say when the last reassessment was... usually they'll only accept a request for reconsideration or appeal within 4 weeks of decision unless there is good cause for doing so late. Hopefully you made a convincing case for Support Group criteria being met. It's unclear whether you have actually appealed... normally when you appeal they'll automatically reconsider (if they haven't already) their decision first before sending papers to tribunals service... but you can also simply request a reconsideration. It is possible they're treating this as a supersession if you've claimed deteriorated health... don't know if you have... probably not... alll very confusing..lol... usually is with ESA at the DWP.

He hasn't been "assessed" for quite some time but it was under the advice of somebody at the DWP that we have sent in this appeal to change the grouping.

He had his last medical at the start of May and was told by ATOS that he wasn't fit for work, his GP has him unfit for work.

Not to go into too much detail but my husband started with severe depression in 2007. As a result of staying home, he developed agoraphobia and has built up to going out of the house with me or another trusted person (usually only his mother) and struggles in unfamiliar surroundings and around groups of people - even people he knows. He has been waiting to see a psychologist for 4 years as CBT didn't work for him and he was told to "sort out his underlying issues" before working on getting out of the house.

My husband desperately wants to go back to work. He hates not contributing to the house financially and wants to provide more for his children (from a previous marriage).

We were advised to appeal, which we did, and we received a call from the appeals team to say that instead of going down the appeal route, they would send it for re-decisioning and if they still came back with an unfavorable result, we could still appeal before even looking at tribunal.

Muttleythefrog

bex_n_mick wrote: »

He hasn't been "assessed" for quite some time but it was under the advice of somebody at the DWP that we have sent in this appeal to change the grouping.

He had his last medical at the start of May and was told by ATOS that he wasn't fit for work, his GP has him unfit for work.

Not to go into too much detail but my husband started with severe depression in 2007. As a result of staying home, he developed agoraphobia and has built up to going out of the house with me or another trusted person (usually only his mother) and struggles in unfamiliar surroundings and around groups of people - even people he knows. He has been waiting to see a psychologist for 4 years as CBT didn't work for him and he was told to "sort out his underlying issues" before working on getting out of the house.

My husband desperately wants to go back to work. He hates not contributing to the house financially and wants to provide more for his children (from a previous marriage).

We were advised to appeal, which we did, and we received a call from the appeals team to say that instead of going down the appeal route, they would send it for re-decisioning and if they still came back with an unfavorable result, we could still appeal before even looking at tribunal.

I must say I think you're getting some misleading instructions/advice (quite frankly you'd be in the minority probably if the opposite were true regarding ESA!). If you appeal.. actually appeal (needs to be in writing or on GL24 form)... then they (DWP) will reconsider first... an automatic reconsideration (unless one has already been requested and done). If the reconsideration fails to change the decision then they'll forward papers to tribunals service... who will arrange appeal hearing. I hope this clarifies. It's hard to tell whether you've just requested a reconsideration as far as they're concerned. What concerns me... is I hope you have made a case for support group criteria being met... forget all this unable to work, can't work terminology... you need to show limited capability for work related activity (determined by descriptors written into law and special circumstance criteria) and I just hope you have made a good case. If you can get a medical professional to say that the relevant criteria (descriptor(s)) apply and why then that would be powerful evidence.

Sounds like he's having about as much success as me with MH services. I wonder just how many people disappear off the radar or even recover while waiting for services.

atrixblue.-MFR-.

sangio wrote: »

Apart from your argument that the DWP 'may' have placed you in the wrong group, you seemed to be pre-occupied with trying to get more welfare payments. I do hope that the underlying reason for this argument is not money motivated?

With respect, what your husband is earning is well above what the Government say that you need to live on. If you have debts etc, you should sort them out first and try to budget to what you are currently receiving.

There are 1,000's of people in this country in a lot worse position than you are. There is no reason why £180 a week cannot keep you and your family. Think about those who are on just the basic ESA (IR)! They manage to cope.

if you solely had to manage on £180 perweek, rent costing on average in my area £105 per week, then council tax, gas, water,electricity,food,insurance,. then no no one could "manage" on £180 perweek solely even on a budget and with some of benefits inforce like housing ben paying part rent payments and council tax.

Muttleythefrog

sangio wrote: »

Apart from your argument that the DWP 'may' have placed you in the wrong group, you seemed to be pre-occupied with trying to get more welfare payments. I do hope that the underlying reason for this argument is not money motivated?

With respect, what your husband is earning is well above what the Government say that you need to live on. If you have debts etc, you should sort them out first and try to budget to what you are currently receiving.

There are 1,000's of people in this country in a lot worse position than you are. There is no reason why £180 a week cannot keep you and your family. Think about those who are on just the basic ESA (IR)! They manage to cope.

Motivation is irrelevant. The key question is have you got a case... and that's one that will be answered by those charged with the responsibility. The benefits board is to help people get their entitlements... whether they need them or whether they want them because they've received a message from Gandhi through a £10 a shot psychic is for another dimension..lol.. probably the discussion board dimension..lol

Katykat

sangio wrote: »

Apart from your argument that the DWP 'may' have placed you in the wrong group, you seemed to be pre-occupied with trying to get more welfare payments. I do hope that the underlying reason for this argument is not money motivated?

With respect, what your husband is earning is well above what the Government say that you need to live on. If you have debts etc, you should sort them out first and try to budget to what you are currently receiving.

There are 1,000's of people in this country in a lot worse position than you are. There is no reason why £180 a week cannot keep you and your family. Think about those who are on just the basic ESA (IR)! They manage to cope.

I know youmean well sangio, but it isn't really so clear cut. £180 isn't the huge sum it used to be. It equates to just £780 pm. Council tax, water, utilities, mortgage alone equals £570. That leaves £ 210 for everything else. I dont qualify for free presccriptions because I dont get any income based benefits, so I have to buy pre pay cert too.
Yes, it is about the money, thats what this forum is all about. But there is a more important point for me. I'm not a scrounger. I worked and paid tax and NI for 41 yrs. i'm 3 yrs from state pension age so in 3 yrs the pressure will be less ( hopefully). But until then, despite paying my dues all my life, now that I'm in poor health and not able to earn anything and despite the fact that the DWP's own medic agrees with my own Dr, it has been decided that I have to manage with no money. I'm talking about me, not my OH. The government were happy to treat me as an indepentdant person for earning and paying tax and NI, but now deem that my OH has to support me. He's OK with that, I'm less so. Itsnot a comfortable position to be in. Its all a one way street isn't it?

Anubis_2

sangio wrote: »

Apart from your argument that the DWP 'may' have placed you in the wrong group, you seemed to be pre-occupied with trying to get more welfare payments. I do hope that the underlying reason for this argument is not money motivated?

With respect, what your husband is earning is well above what the Government say that you need to live on. If you have debts etc, you should sort them out first and try to budget to what you are currently receiving.

There are 1,000's of people in this country in a lot worse position than you are. There is no reason why £180 a week cannot keep you and your family. Think about those who are on just the basic ESA (IR)! They manage to cope.

How can you say £180 is enough when they have a mortgage and council tax to pay? Don't be ridiculous!

I know youmean well sangio, but it isn't really so clear cut. £180 isn't the huge sum it used to be. It equates to just £780 pm. Council tax, water, utilities, mortgage alone equals £570. That leaves £ 210 for everything else. I dont qualify for free presccriptions because I dont get any income based benefits, so I have to buy pre pay cert too.
Yes, it is about the money, thats what this forum is all about. But there is a more important point for me. I'm not a scrounger. I worked and paid tax and NI for 41 yrs. i'm 3 yrs from state pension age so in 3 yrs the pressure will be less ( hopefully). But until then, despite paying my dues all my life, now that I'm in poor health and not able to earn anything and despite the fact that the DWP's own medic agrees with my own Dr, it has been decided that I have to manage with no money. I'm talking about me, not my OH. The government were happy to treat me as an indepentdant person for earning and paying tax and NI, but now deem that my OH has to support me. He's OK with that, I'm less so. Itsnot a comfortable position to be in. Its all a one way street isn't it?

If your husband can get two hours a week more work, even doing kleeneze or something similar he should then be entitled to WTC.

I don't think you can claim SMI but you may be able to claim help with your council tax, have you tried that route?

EDIT: how old is your husband? Is he 60 (or over?) as you say you retire in 3 years. If he is 60 it looks like he needs to work 16 hours only for WTC:

If you are not responsible for children
You - or your partner if you've got one - need to work at least:
30 hours a week
16 hours a week - if you're aged 60 or over, or you're entitled to the 'disability element' of Working Tax Credit

earthbound_misfit

sangio wrote: »

There are 1,000's of people in this country in a lot worse position than you are. There is no reason why £180 a week cannot keep you and your family. Think about those who are on just the basic ESA (IR)! They manage to cope.

Quite possibly, there are thousands in a worse position. Equally, there are thousands who are not. You mention the basic rate of income related ESA? I get ESA (IR). I live alone. Because of this, I get some premiums so my ESA is about £180 a week. That is for one person, and rent (except £10) is covered by local housing allowance.
Yes, it seems like a lot of money to me too, and makes me mad when others are denied anything - I'd happily receive less if it meant more people qualified, as the system was under Income Support/Incapacity benefit. Needless to say, I am saving every week for the gap between being declared fit-for-work and actually being ready for work
Apologies to the OP for waving this in her face, but had to correct the "basic ESA" myth. Even without premiums, it's around £100 a week + housing benefit for one person.
I'm sure the OP would be entitled to housing benefit, and perhaps a reduction in council tax.