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ESA nightmare

peapoddy
Posts: 13 Forumite
Today I got a call saying that my esa was stopping right there and then! I've had no letters, no warning of any sort. I was told I had to claim jsa from today and I was to ring them straight away. I said I wanted to appeal but was told I couldnt!!! Apparently I got zero points from atos, I've never seen anything from them so I'm stunned to say the least, I poinedt out that I was waiting to have an opertation in the coming weeks, but they didn't want to know. they said my esa claim is now closed. My sick note is up to the middle of september.
So I rang about jsa, can't say she was the most helpful soul around. later that day I got a call from the local jsa place, I was suppsed to go in tomorrow, after talking to the guy he said he'd get back to me, later I got a call from a woman there, she asked some details and then said she'd get back to me. When she got back in touch she asked if I'd go down straight away, so off i trot, I saw the person I spoke to and another woman, they told me that theyve had a discussion amongst themselves and have decided that I need to appeal. I should never have been told i couldn't appeal, also I should have been given something in writing, i've no idea what atos have come up with.
Theyve told me that I'm not alone in this, theyve had quiet a few people in that have had their claims stopped and closed, they said they are supposed to give notice and I've got 28 days to appeal, they've said my situation is starting to become the norm.
I just feel like giving up the will to live, I feel like I'm falling into a black hole here!
peapoddy
So I rang about jsa, can't say she was the most helpful soul around. later that day I got a call from the local jsa place, I was suppsed to go in tomorrow, after talking to the guy he said he'd get back to me, later I got a call from a woman there, she asked some details and then said she'd get back to me. When she got back in touch she asked if I'd go down straight away, so off i trot, I saw the person I spoke to and another woman, they told me that theyve had a discussion amongst themselves and have decided that I need to appeal. I should never have been told i couldn't appeal, also I should have been given something in writing, i've no idea what atos have come up with.
Theyve told me that I'm not alone in this, theyve had quiet a few people in that have had their claims stopped and closed, they said they are supposed to give notice and I've got 28 days to appeal, they've said my situation is starting to become the norm.
I just feel like giving up the will to live, I feel like I'm falling into a black hole here!
peapoddy
0
Comments
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Today I got a call saying that my esa was stopping right there and then! I've had no letters, no warning of any sort.
In principle, this can't happen - the claimant has to be notified by post, or there is literally no valid legal decision to end ESA, and you are still entitled.
However, letters do go astray, and you are held to have received the letter if it was posted. (you can appeal on the basis that you diddn't get it).
Why is your ESA stopping - what phase of the claim are you in?
If it's for pretty much any reason other than the time limiting of contributions-based ESA in the work-related group, there is the possibility to appeal.
Even in that case, in principle you can make a late appeal against the decision not to put you in the support group - if your latest decision was under 13 months ago.0 -
If the DWP have closed your claim they have to have made a decision to do so, you are entitled to have this in writing, so the first thing to do is ask the DWP where the decision letter is.
You say you scored 0 points, did you complete and return an ESA50 within the timescales?
Did you attend a medical?
We need to know this to understand whether you have been found fit for work, or you have failed due to a technical infringement?
You can't appeal until you have the decision letter, but when you do you will need to complete a GL24 Appeal form, Google it to find a downloadable version, if you can't get one from JC+0 -
Yes.. Op.. agree with above advice. Admin of ESA is appalling... letters are often sent that are rubbish and not sent when critical... I've been on ESA over 3 years and never have received a written notification of my 2 assessment outcomes. They should have written to you. At face value appealling probably will be the right course of action. Call them, tell them you've not been notified of this decision in writing and insist on it.. ask also for a copy of the evidence used to take the decision which is normal circumstances will include an ATOS HC report (ESA85 or ESA85A.. the latter if a face to face medical was not required).
I understand many of the problems are caused by the DWP case management system which seems to be totally unsuitable and outdated and a couple who've used it indicate they had to switch automated letters off because otherwise nonsense is sent out.
What is important is appealling in timely manner.. you're supposed to get 4 weeks from date of notification but they haven't even sent a letter... late appeals can be accepted if good reason is demonstrated. What you can do is get appeal in.. using GL24 form if necessary (otherwise in written letter) and state additionally that you haven't received any paperwork or evidence yet and thus will in due course supply more information. In the meantime get to grips with the descriptors for the WCA and see if you can identify which ones apply to you in your opinion and see if you can get supporting evidence perhaps from a medical pro.
Your story seems a fairly common experience as suggested to you by staff at DWP to you. My advice is therefore to absolutely be on the ball through Work Capability Assessments... ensure documents reach their destination.. ensure you get supporting evidence in if possible.. keep contacting ATOS until they've done what they need to do as their records seem to offer useful basic details as to progress.. and then when ATOS HC close their file (supplying advice to DWP) contact DWP to get hold of that ATOS advice/medical report and keep checking for a DWP decision being made."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
Thanks for the replies.
It seems the new way to inform you that youve been thrown of esa is a "curtesy" call, their word not mine! Once you've recieve the call they stop the esa money, and you get the call before the paperwork so you're basically on the phone shocked and with nothing in writing to argue your case. JC+ have someone that deals in people that are coming off esa and she said that this method is becoming all too common. Theyve given me a booklet called "if you think our decision is wrong" and I've had to fill the form out in the back of the booklet, I have to take it back today. theyve said that as I'm waiting to find out what kind of surgery they're going to do on my leg then really I can't sign an agreement to say I'm fit and looking for work.
When I went for the atos medical the woman there said because I'd had major surgery she wasnt going to examine me or ask me to do any of the tasks, I'm interested to find out if shes put it was her decission or if she's put I've refused, because from what I've read about atos that wouldn't surprise me at all!
I've been on esa for a staggering 15 weeks.
peapoddy0 -
Thanks for the replies.
It seems the new way to inform you that youve been thrown of esa is a "curtesy" call, their word not mine! Once you've recieve the call they stop the esa money, and you get the call before the paperwork so you're basically on the phone shocked and with nothing in writing to argue your case. JC+ have someone that deals in people that are coming off esa and she said that this method is becoming all too common. Theyve given me a booklet called "if you think our decision is wrong" and I've had to fill the form out in the back of the booklet, I have to take it back today. theyve said that as I'm waiting to find out what kind of surgery they're going to do on my leg then really I can't sign an agreement to say I'm fit and looking for work.
When I went for the atos medical the woman there said because I'd had major surgery she wasnt going to examine me or ask me to do any of the tasks, I'm interested to find out if shes put it was her decission or if she's put I've refused, because from what I've read about atos that wouldn't surprise me at all!
I've been on esa for a staggering 15 weeks.
peapoddy
I'm presuming this form is the appeal form GL24 you've completed? Regarding ATOS HCP agree... it is entirely possible you'll be very frustrated or similar when you do get a copy of the ESA85 ATOS medical report.. make sure you've requested it from the DWP as it is important you've got the (presumably main) evidence used by DWP to find you 'fit for work'. Assuming you have appealed, you can still send more evidence/information in... the DWP will conduct a reconsideration to see if they can change their decision before they send paperwork off to tribunals service to arrange an appeal hearing. The reconsideration could take many weeks so there is probably time for you to get to grips with the descriptors... and try to get supporting (medical) evidence into the process. Make as good a case as you can for the descriptors you feel apply to you and if the medical report by ATOS is poor then highlight some of the key flaws to discredit it is probably a decent tactic.
ESA for 15 weeks... presumably this is a new claim.. the assessment phase is scheduled to last 13 weeks (with the Work Cap. Assessment around end of that time) so things are roughly on course..lol... my assessment phase lasted a year.. I'm yet to hear anyone else experience that kind of delay fortunately."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
You can't submit the GL24 until you have the Decision in writing, as you have to quote the date of the letter on the GL24.0
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even thought they rang me in april to say they recieved my appeal form and were looking at it , (sent in december) they rang me last week to tell me my appeal form had been lost and that it was now too late to appeal so i would have to reapply for esa , which i have done but the real slap in the face is they sent me a new appeal form saying i could appeal the fact that they are making me reclaim esa ... i do not like the dwp
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
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even thought they rang me in april to say they recieved my appeal form and were looking at it , (sent in december) they rang me last week to tell me my appeal form had been lost and that it was now too late to appeal so i would have to reapply for esa , which i have done but the real slap in the face is they sent me a new appeal form saying i could appeal the fact that they are making me reclaim esa ... i do not like the dwp
This is shocking. This is a DWP error... I wonder if there is any documented evidence that they confirmed receipt or that they confirm they lost your appeal form (I note they seem to have used phone.. shame not letter apparently). You can appeal late if you can show good cause... I'm no expert but it sounds like you have good cause... you didn't appeal late and are now forced to due to the DWP losing the paperwork. Have they been paying you assessment rate which awaiting appeal... if so then that would probably be solid evidence they had accepted an appeal request. I would highlight such facts in appealing the fact they are forcing you to make a new claim due to their incompetence. I would tell them you are contacting your MP too.. in fact make sure you copy them in to communications and make sure DWP realise you are... this is appalling service. If claimants can't even be sure that even when they get confirmation that their appeal request has been accepted as received that due process will occur then there is no hope. Perhaps someone with a legal background would have better advice... you're effectively being denied your right of appeal by them losing paperwork and then advising you to make a fresh claim to get them out of a hole. I definitely would not have made a fresh claim.. I think you made a mistake there following their advice to help them... it could result in you losing a lot of money you otherwise were entitled to had your appeal been successful and getting embroiled in great confusion that the DWP seem to be masters of weaving regarding ESA admin. If this happened to me I'd probably consider contacting the press."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
even thought they rang me in april to say they recieved my appeal form and were looking at it , (sent in december) they rang me last week to tell me my appeal form had been lost and that it was now too late to appeal so i would have to reapply for esa , which i have done but the real slap in the face is they sent me a new appeal form saying i could appeal the fact that they are making me reclaim esa ... i do not like the dwp
thats a very common trick of the DWP0
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