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ESA Claim- Been 11 weeks since medical!

Hi All,

As the title explains, its been 11 weeks since I had my medical, and i have been chasing them up every week since week 6. Same thing happens, ring call centre, they get benefit centre to ring me, then they tell me that they are running behind and nothing else can be done.

Is this the case or can I do something? I know that the money will be backdated if its decided im entitled, or I need to appeal if it isn't. Its just im fed up with being fobbed off all the time.

Thanks in advance!

Sam

Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,135 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2012 am31 1:06AM
    It does sound like admin is falling behind at DWP... behind its usual delays anyhow..lol. Not a lot you can do.. however I would strongly advise you ask for a copy of the ATOS HC medical report (ESA85) next time you call for update... it is quite likely that when the DWP Decision Maker gets around to your case they will as good as rubber stamp the medical report from ATOS. The report may ease concerns or in worst case scenario be a document you'll need anyway to challenge an undesirable decision. THe report will also contain a prognosis... if you do qualify for ESA (i.e. pass the WCA) then this'll give idea when reassessment is likely.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    They are supposed to be very behind atm with claims and appeals. A friend of mine had to wait months.
    How people treat you becomes their karma; how you react becomes yours.
  • samrw18
    samrw18 Posts: 33 Forumite
    Thanks for your help guys, been on the phone to them today, they are sending a complaint form in the post, shall wait to see if that materialises.

    Forgot to ask them for a copy of the medical report, shall ring them again tommorow.

    Had a lengthy conversation with an advisor saying that it is supposed to be from week 14 when the WRAG/Support group kicks in. His response was 'in an ideal world, yes.' No, not in an ideal world.It is how it SHOULD work. Fed up with DWP and their so called 'timescales', why is it that it is now expected for the 'customer' (thats what they call us :')) to put up with unneccacery delays, and even expect them? The whole system needs a total overhaul. *Rant over*

    Would it be worth an email to my MP?

    Thanks again,
    Sam
  • Muttleythefrog
    Muttleythefrog Posts: 20,135 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    samrw18 wrote: »
    Thanks for your help guys, been on the phone to them today, they are sending a complaint form in the post, shall wait to see if that materialises.

    Forgot to ask them for a copy of the medical report, shall ring them again tommorow.

    Had a lengthy conversation with an advisor saying that it is supposed to be from week 14 when the WRAG/Support group kicks in. His response was 'in an ideal world, yes.' No, not in an ideal world.It is how it SHOULD work. Fed up with DWP and their so called 'timescales', why is it that it is now expected for the 'customer' (thats what they call us :')) to put up with unneccacery delays, and even expect them? The whole system needs a total overhaul. *Rant over*

    Would it be worth an email to my MP?

    Thanks again,
    Sam

    Yeah.. definitely would request copy of the report next time on phone. For financial purposes things will kick in at start week 14... so there will be backdating if you pass the WCA. Judging from what people are saying just on these threads in this section of MSE lately there seems to be a massive slip in timescale for dealing with admin at DWP regarding ESA in respect of several matters. It seems to be taking months to process appeal tribunal results which you'd think would be a priority and swift operation.

    MP might speed things up in your case.. but probably have little impact on this whole mess of a system..lol.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • samrw18
    samrw18 Posts: 33 Forumite
    Just got off the phone to them. Claim dissalowed, 0 points at ATOS medical. Which isnt right,I told her I get blackouts, and my medication makes me drowsy to the point where im falling asleep all the time, and my anxiety makes me have angry outbursts at people, to name a few things. Thats 22 points.

    Appeal form coming in the post, but what am I supposed to do until then? She said that it takes up to 10 working days for me to recieve it, then another 10 from the point I send it off for them to register it. Was supposed to have a payment on thursday, so I have no money.

    Am I doing everything right? My head is in such a mess I dont have a clue...

    Thanks,
    Sam
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    edited 17 July 2012 pm31 2:03PM
    You can download the form here......

    http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_201702.pdf

    You will also need a sicknote from your doctor. You will then continue to get the assessment rate until the appeal is heard (or, as sometimes happens the DWP reconsiders in your favour). You will need some supporting medical evidence from GP, specialist etc.
  • Muttleythefrog
    Muttleythefrog Posts: 20,135 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 July 2012 pm31 4:39PM
    samrw18 wrote: »
    Just got off the phone to them. Claim dissalowed, 0 points at ATOS medical. Which isnt right,I told her I get blackouts, and my medication makes me drowsy to the point where im falling asleep all the time, and my anxiety makes me have angry outbursts at people, to name a few things. Thats 22 points.

    Appeal form coming in the post, but what am I supposed to do until then? She said that it takes up to 10 working days for me to recieve it, then another 10 from the point I send it off for them to register it. Was supposed to have a payment on thursday, so I have no money.

    Am I doing everything right? My head is in such a mess I dont have a clue...

    Thanks,
    Sam

    Sorry to hear that... but it ain't over. Focus on the descriptors.. request the evidence the DWP used... possibly just the ATOS medical report if you haven't already. Use the form link above... GL24 to appeal... or you can write a letter of appeal. Make a case for the descriptors you feel apply regarding WRAG and Support Group as applicable. Try to get supporting evidence regarding the descriptors and refer to it in your appeal request. If the medical report is clearly flawed.. and it likely will be.. then highlight so... undermine it such that DWP (or later an appeal tribunal panel) will think it is worth dismissing as evidence. Get a sicknote to cover you for next month (and keep supplying thereafter) so you can continue to get assessment rate ESA while appealing. Make sure you contact local authority if you claim CTB or HB as your disqualification from ESA may well trigger same regarding these benefits which you could still be entitled to due to appealling and/or low income.

    You need to appeal within 4 weeks but you can continue to send in further information thereafter... the DWP will carry out an automatic reconsideration and if they don't change their decision they'll forward papers to tribunals service to arrange appeal. Expect reconsideration to take many weeks to perhaps 3 months... and appeal to take another 6 months after that.

    This is a further example where asking for the medical report from DWP after medical could have given you almost 3 months notice of likely decision.. hopefully people will take note! It is also possible in that 3 months you could have challenged the medical report before a decision was taken and got medical evidence in to directly challenge it.. some have successfully done this and the DWP have requested another medical or rejected the report.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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