ESA coming to an end, but too ill to work

Just...Yvette

I have been told that my contribution-based ESA will end on 30 April as I was put in the Work Related Activity Group and have been receiving it for a year. As my husband works I won't qualify for income-based ESA and will therefore receive nothing (apart from DLA and a small pension). I always disputed being put in the WRAG, as I felt I should have been in the support group, and asked to be reconsidered without success. As the decision at the time made little practical and financial difference, and I was never required to do any 'work-related activity' as the job centre advisor agreed I was obviously unfit and was left alone, I chose not to go through the stress of an appeal.

I got in touch with the DWP when I was advised my money would stop, and told them that as my condition (multiple sclerosis) has worsened in the year since I was seen by their ATOS doctor, I believe I now definitely qualify for the support group, and I want them to reassess me, look at my case again, or do a supersession - the wording changes depending on who you speak to. Basically my circumstances have changed and I want them to reconsider.

I was told I had to fill in an appeals form in order for them to start this process, even though I don't want to appeal the original decision. This morning I've received a letter telling me my APPEAL has been passed to the tribunals service. I am so frustrated - I don't want to appeal! My MS has got worse and I want them to consider me again and if necessary send me for another ATOS medical!

I've tried to phone them today but after 15 mins on hold have been told they are having technical difficulties and to ring back after 2pm - at which time I will no doubt have a long period on hold again. It is apparently not possible for a callback to be arranged.

Does anyone have any advice or info? A DWP person would be fantastic, because I suspect they are going about my issue the wrong way. The situation is making me feel incredibly stressed and ill.

Muttleythefrog

This sounds typical of the dreadful advice and failures of DWP admin of ESA. The incompetence is beyond belief. I'm no expert.. far from it... but it seems you have been badly advised (who the heck do they employ on the phones.. people on the street would give better advice who had no knowledge of benefits!). If you get no better advice then I'd suggest writing a letter indicating you want to cancel your appeal which you never wanted in the first place - you have simply been badly advised as to procedure by DWP staff. Say you want a supercession as you feel your condition has deteriorated from date x... add copy of any evidence that confirms this if available... explain that deterioration and perhaps highlight the reason(s) (descriptors) why you feel you may qualify for Support Group. With any luck that'll trigger a new assessment of entitlement.

This is last resort advice above.. hopefully you get some joy with DWP directly or get more technical advice from someone here. Might also be worth contacting tribunals service and telling them to cancel the appeal... the DWP don't know what they're doing.. you never wanted to appeal. What is impressive is it seems they've accepted a very very late appeal if your last WCA was a year ago (have you not been reassessed since?).. usually you only get 4 weeks unless you have a good cause for late application. It's only if you have been reassessed (which may not include a face to face medical) recently.. like in last few weeks that I could explain why they'd recommend you (effectively by completing GL24) appealing the decision especially if you have said your deterioration occurred before that re-assessment.

Upon scanning it seems someone else has had exactly same experience regarding advice http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=83123

This may be helpful link.
http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni260-a-guide-to-revision-supersession/applying-for-a-decision-to-be/supercession/#sup3

Just...Yvette

Thanks Muttleythefrog.

I just managed to speak to someone (after 17 mins on hold) who eventually grasped what I am trying to do. It seems I was advised wrongly, and should not have had to fill in an appeals form in order to be reassessed. I'm so angry because I rang to check if this was the right way to go about it more than once before I sent it in!

It seems the matter is further complicated now because an unwanted appeal has been lodged, and I think that as a result it's going to take even longer for me to get the reassessment I require. Looks like I'm going to be without money for a long while when my payments end on the 30th of this month.

Interesting that in the link you gave the lady was given exactly the same, incorrect, advice isn't it?

Limana68

HI there
It appears that you seem to be in the same position as my hubby. He suffers from Cerebellar Ataxia( genetic ) and 3 yrs ago he was assessed and put in the WRAG. He didnt appeal as he was informed he would get assistance to 'possibly' find work, even though we both knew it would be difficult. Anyway 3 yrs down the line he has heard nothing from anyone at all, even after some phone calls trying to update them with his deteriorating condition.
Anyway he asked back in Jan to be re assessed yet again,because in the past 3 yrs he has got worse. He was told to lodge an appeal, and after trying to explain thats wasnt what he wanted the appeal went ahead, and guess what it has been rejected because its been more than a mth! DOH! OBviously!:mad:
God its like banging your head against a brick wall isnt it! :mad:
A few wks ago hubby rang ESA ( again) and amazingly got put through to a really helpful chap who advised him to get some support from his GP or consultant by way of a letter.
My hubby has a fab GP who has written a letter detailing how hubbys condition has got worse etc and he recommends that he gets put into the support group or at least gets re assessed.
Anyway will let you now what happens!

Muttleythefrog

Beginning to wonder if the agents answering the phone are told...

1. If they call enquiring about progress of something ESA related tell them the computer system is down and mail can take quite a while to be processed
2. If they call saying they should be getting a different ESA award then tell them to fill in an appeal form GL24
3. For all other enquiries hang up or tell them someone will give them a call back

I once got a call back and that was the only conversation I had with DWP on ESA where I felt I was talking to someone who possibly could tell me something helpful.

NASA_2

Muttleythefrog wrote: »

Beginning to wonder if the agents answering the phone are told...

1. If they call enquiring about progress of something ESA related tell them the computer system is down and mail can take quite a while to be processed
2. If they call saying they should be getting a different ESA award then tell them to fill in an appeal form GL24
3. For all other enquiries hang up or tell them someone will give them a call back

I once got a call back and that was the only conversation I had with DWP on ESA where I felt I was talking to someone who possibly could tell me something helpful.

That's probably the limit of the training they are given to be honest.

Just...Yvette

Update: I have had two phone calls today.

First I was called by someone in the 'appeals section' (a message was passed to them after my phone call yesterday) who had no understanding of my issue and asked me what my 'query' was with my appeal! :mad: I had to go through it all again, explaining that I do not want an appeal, never wanted an appeal, and have been trying to get a reassessment because of my change in my condition for around 6 weeks. She said she would get someone from my local ESA office to ring me to start this.

Someone in the ordinary ESA section rang me, who again had no grasp of the situation, and again I had to explain it. An incredibly frustrating conversation ensued, where she variously tried to persuade me to wait for my (unwanted) tribunal in order to be reconsidered - I told her that I have been advised by letter that this tribunal date will be in around 38-42 weeks and I do not wish to wait that long without money just for a reassessment! - and that I needed to speak to the appeals section (told her I just had, this morning, and it was they that referred me to her) and that she needed to pass my case to a decision maker for a reassessment to be started, and that completing an appeal form is the best way to go about getting a reassessment - what, even if it takes almost a year?

Sorry for going on but the situation is so frustrating and distressing for me, and no-one at the DWP seems to be able to tell me clearly how to just get reassessed. They just pass me from department to department, continually disagreeing with each other and arranging call backs from other advisors.

ETA: Just been called by a DWP - from the 'appeals section' again, who the last person who called me had passed my case to. Told her I have already spoken to her section today and explained that I want to be reassessed. She stated clearly and unequivocally that completing an appeal form is NOT the way to request a reassessmet because of a worsening of an existing condition - I need to write in with evidence from my doctor, specialist etc stating that my condition is worse. (I have tried to do this already, but my doctor and MS nurse both told me that they don't do this - they only fill in forms sent to them by the DWP; they don't just write letters for patients at their request - I am going to have to contact them again).

I have requested that the supervisor of the woman who gave me the incorrect advice this morning call me back ASAP and I intend to make a complaint about her. I hope the call was recorded.

Just...Yvette

I despair. The supervisor rang me back and spoke to me quite unpleasantly, being patronising by repeating herself very slowly whenever I asked for clarification. What she said didn't make sense - she stated that appealing was one way to get reassessed, but in the same breath contradicted herself by saying that a tribunal would not reassess me because of worsening of a condition! I think she was doing all she could to avoid admitting that the woman who she is responsible for gave me incorrect advice which would have delayed my getting reassessed by almost a year.

She also said I should send in evidence from my doctor stating that I am worse than I was and they will 'consider' whether to reassess me.

I asked her, if supposing I had rung in to tell them that my condition had got better, rather than worse, would I have faced the same struggle to have the change in my circumstances recognised? I somehow think that if I had a change of circumstances which would mean I would receive less money, I wouldn't have to lodge an appeal or get evidence from my doctor in order for them to look into it. I'm sure that in that case my word would be enough to get the ball rolling.

The BBC's Paul Lewis was discussing ESA being withdrawn on Breakfast this morning - I hope the attention leads to something being done about what is an absolute scandal.

Pobby

Just Yvette. Really feel for you guys. It is an utter disgrace. I am 63 and I am coming off that benefit. Kind of angry of being a net contributor for over 40 years this is the best they can do. I am allowed to keep my DLA.

So who is going to employ someone of my age with mental health problems. I am OK because my wife works and she will be getting all her pensions in a couple of months. Also the scummers I worked for have been taken to task and have been made to pay me decent compensation.

Yet the fact remains, what are a lot of us going to live on? Or indeed, that appears to be the issue.

A couple of points. I am also delighted that Paul Lewis got an airing on Breakfast tv. More to the point though, it shows the true colours of the government. I guess a lot of us unwell people are older, the very sector that has a powerful vote.

[Deleted User]

i`m sure there are many genuine cases where conditions have worsened,including the OP
however i`m also amazed that as 30th april approaches people are scrabbling around for any reason not to lose their esa,whilst we non of us may like the changes the FACT is that CB esa now has a finite lifespan of 365 days,but those who`s household income/savings are below the set level will be moved to Income Based esa

Pobby

fogartyblue. wrote: »

Absolutely. There were very few appeals about which group you were put in over the past 2/3 years and now, we have a shed load of them - maybe the 365 days limit has something to do with it??

As you say, people seem to be tripping over themselves trying to get into the Support Group before the 365th day comes round. People will do anything when it comes to benefit money!

I take it you do not have health issues that prevent you from work? Mind you another plonker with a pretty stupid post!