ESA help!.

fogartyblue.

atrixblue.-MFR-. wrote: »

i sent Atos proof of my condition along with a previous Atos IB assessment report, think thats why i didnt have to go to another assessment? (only speculate on that).

the ESA50 was filled in by my benefits advisor provided by my Housing association i just answered the questions he asked from the form or it would still be sat here now.

I would also mention that you are not required or obliged to send anything in to ATOS or in fact the DWP.

You are also not required or obliged to put any information on the ESA50 other than your name, address and signature.


The DWP are not entitled to see any other document other than the ATOS assessment report (ESA85). They are not entitled to seek any other information from any other source.


They are entitled and you are required to submit further information if such a request is made by the DWP.

Put simply, the DWP have to make a decision based on what is before them. If that is only the ATOS report you are likely to fail. However all you need do then is pull the ATOS report to pieces showing where it is wrong and backing it up with the evidence needed.

A much simpler way. Let the DWP make the mistakes first then you contradict them with evidence.

geoffky

fogartyblue.

Please leave...Because you are a little snake waiting to pounce on vulnerable people who are bewildered by the new system and who come for help here..I would give you a slap in real life....now let people get the help they need..and go elsewhere..

wiccanlou

Atrix what evidence do you have for your brittle asthma diagnosis? Do you have to have a nebuliser with you at all times like my cousin who has brittle asthma? Have you asked for a statement of reasons explaining why you have been put into the WRAG? If not I would definitely call up and ask for one so you can go through it and see what has been written. Also if you believe your condition is worsening you may need to call them and let them know.
I hope that some one like rogerblack or another experienced poster gets to see this and give you some info.

atrixblue.-MFR-.

i havent asked for anything yet, i'm at a loss of what i should ask for?

i'm pretty good with benefits but things have moved on so much over the years its hard to tell what system is in place and research it before it gets changed again by our horrid goverment.

i do have a nebuliser, but its that old its unreliable, 21 yrs old infact.

i sent in to ATOS the diagnosis sheet from my specialist consultant with the IB assessment report i also sent it in with my IB claim years ago.

i also stated in my covering letter with my ESA50 i wanted those items returned to me, but they didnt.

so just to clarify, i should ask for a statement of reasons of why i have been placed in WRAG, and write a letter to ESA for reasons of reconsidderation? i'm also going to have to write a letter of authority for someone to deal with my benefit and speek on the phone to them on my behalf, because there will be days and times i'm just not going care about it, so the case will have to be picked up by my OH or a relative to deal with.

rogerblack

atrixblue.-MFR-. wrote: »

so just to clarify, i should ask for a statement of reasons of why i have been placed in WRAG, and write a letter to ESA for reasons of reconsidderation?

You have two weeks (at least) following the statment of reasons being issued to write the letter.
It's probably best to get the statement of reasons, and a copy of the medical (if any) before starting on the appeal.
As a reconsideration is always done before an appeal, there is little reason to not request an appeal.

atrixblue.-MFR-.

rogerblack wrote: »

You have two weeks (at least) following the statment of reasons being issued to write the letter.
It's probably best to get the statement of reasons, and a copy of the medical (if any) before starting on the appeal.
As a reconsideration is always done before an appeal, there is little reason to not request an appeal.

i had no medical, i sent evidence i had off with the ESA50 to wich i stated in a covering letter i wanted my documents back but never received them back barstewards as they are.

i'll request statement of reasons tuesday, along with a GL24 if they are still used??

would i have to submit sick notes now or no?

rogerblack

atrixblue.-MFR-. wrote: »

would i have to submit sick notes now or no?

You don't need to submit sicknotes unless you are found fit, and appeal that decision.
It's worth sending another letter, making a complaint about the non-return of the documents.

http://www.dwp.gov.uk/privacy-policy/data-protection/ - in addition - this is how you can request copies of all data held on you - which will include copies of the documents, if not the originals.

fogartyblue.

geoffky wrote: »

fogartyblue.

Please leave...Because you are a little snake waiting to pounce on vulnerable people who are bewildered by the new system and who come for help here..I would give you a slap in real life....now let people get the help they need..and go elsewhere..

Thanks for the insults - not, and threats of physical harm!

What I have said in the above posting of mine is clear and complies with the law!

People have two choices when faced with an ESA50, they can spend hours completing it or they can just put their name and address on it, and sign it. Both are entirely legal!
Nobody is required to submit anything to ATOS or the DWP except the ESA50 completed in full or not!

The only time that you are required to submit something to the DWP is if they give a clear direction and give you 30 days to comply.

Even then you need not comply if there are good reasons for not doing so.

Why don't you check out the DM handbook on ESA, Decision Making, Suspension of Benefit & Termination of Benefit?

I feel sorry for people that are put to the trouble of thinking that they must complete the ESA50 fully even at the expense of it making them ill!

Molly41

Your GP is actually very well placed to comment on you. They see you as a whole person not just a part of a illness etc. If like me you have many things wrong a GP can comment on the overall picture.

I also agree that Fogarty Blue does indeed need to flush himself down the toilet as he is a troll by the worst standards.

fogartyblue.

Molly41 wrote: »

Your GP is actually very well placed to comment on you. They see you as a whole person not just a part of a illness etc. If like me you have many things wrong a GP can comment on the overall picture.

I also agree that Fogarty Blue does indeed need to flush himself down the toilet as he is a troll by the worst standards.

Oh you do make me smile! Have you ever seen what most GP's put on the reports (DBD370(N)GPFR) that they send to the DWP in respect of benefit claims?
Part 6 is the clincher - I have yet to find a GP that would put anything more than - 'not known' or 'believed capable' or 'attends surgery' etc etc.

Unless you have a GP as 1 in a million, then you are stuck with the system as it is. GP's, to my extensive knowledge, do not write a report for the DWP, they just put the minimum info in each of the boxes 1-6. And as for the request for addition info - I have never seen that box ever be completed!

Those are the facts in the majority of cases.
To suggest that a GP will do anything more than the bare minimum is beyond belief.

I am not a troll at all, but you are entitled to your opinion.

I just post what I see as being relevant, the options available and tell it as it is without flowers and chocs. I don't believe in sympathising with anybody, that will get nowhere. Give them the hard facts and they then know where they stand.

Yes I am blunt and a lot don't like it. But at the end of the day kissing and cuddling won't make any difference to the end result.