Received P45 from DWP

From_The_Mad_House

My husband has been claiming Incapacity Benefit for over ten years due to a raft of health problems. He was assessed by ATOS in August for ESA and told he scored 0 points and told his benefits would stop so appealed the decision by sending in form GL24 and additional notes to explain why he thought their assessment was incorrect, (it was sent special delivery on the 26th Sept and I have checked it was signed for the following day). Our GP is in the process of writing a report to support him but this is taking a while to do.

He has not received an acknowledgement from DWP to say the appeal has been received or any other communication until today when he received his P45 from them.

My husband also receives the higher rate mobility component of DLA. We get child benefit for our two children and as I work full time we are entitled to no other benefits so obviously don't claim any.

My husband has a doctor's note to say he is not fit for work (this is a two month note) and we plan to send this off on Monday.

Should my husband still be able to get a percentage of his benefit paid whilst the appeal is being processed?

Could anybody suggest what we should do next? The CAB advisor we spoke to was unable to give much help and we are so unsure what to do next.

Muttleythefrog

Should be able to get assessment rate ESA while appealing... sicknotes will be required as qualification. Unfortunately DWP admin of ESA is shocking... don't expect any letter acknowledging receipt of your request to appeal via GL24 form. It is worth keep enquiring to ensure the DWP have received the appeal request as obviously the request has time contraints.

The DWP will first reconsider their decision... their next communication in writing may be to give that reconsideration decision... once again expect a badly worded and confusing letter (but hopefully not completely incorrect as some do report). It could take many weeks to several months for the reconsideration. If they don't change their decision then they'll forward paperwork to tribunals service to arrange your appeal.. that could take many months to arrange.. strongly advise he attends... i.e. opts for an oral hearing so he can directly give evidence to the 2 person panel.

Regarding GP... very good that he/she is prepared to help in this way. But make sure they provide something useful... so many times I read of specialists and GPs so shocked or frustrated that their patient has been found fit for work that they decide to help and create a completely useless document which doesn't at all. Entitlement is determined by the descriptors and the closer their evidence relates to the relevant descriptors being applicable the better. Confirmation of health problems can't do any harm... but the descriptors are all that count. The quicker the GP can provide their evidence the better as greater chance it'll be able to be used in reconsideration stage. If you do contact the DWP in writing or by phone then inform them you are getting more evidence including a report from GP.

From_The_Mad_House

Thank you for your reply

So, should my husband just write to them and send the note from the doctor to say he is not fit to work asking them to continue to pay his benefit albeit at a lower rate?

If so, what is this rate called?

And what happens if his appeal fails, will he have to pay it back?

Thanks

benefitbaby

Yes he should sent the sick note to them (keep a copy just in case), it is called assessment rate ESA and is payable at £71 per week during the appeal. If your husband is successful he will be repaid the arrears he is entitled to.

If the appeal fails you will NOT have to pay it back as your husband is treated as having a limited capability for work during the appeal process (hence the need to continue sending sick notes).

Good Luck

From_The_Mad_House

Thank you so much Benefitbaby, that is clearly explained

So I guess when we send the doctor's note on Monday, my husband just requests to be paid the assessment rate ESA?

benefitbaby

In theory he shouldn't even need to ask, the law requires that when a valid appeal and sick notes is submitted the DWP have to pay the assessment rate.... experience suggests that a letter asking for it specifically is a good idea

Once that is done you should seek assistance with the appeal from a CAB or other advice agency they can help you with the appeal and may even be able to attend at the hearing.

From_The_Mad_House

Ahh, right. We sent his appeal in last month. It was a form GL24 I think and a set of additional information to go with it.

We are waiting for our GP to get a response together too as the points that were made by the ATOS HCP were way off beam / lies even I'm afraid to say.

We went to a local CAB but the man we saw was more concerned in giving a history lesson of the benefit system when the Tory party have been in power. He did direct us to the GL24 but didn't give any suggestions etc, I looked on MSE for help with that.

My husband really isn't up to this at present psychologically and physically. I guess that's how the 'system' beats so many honest claimants. If he doesn't get ESA I don't think he will get Job Seekers if it is means tested as I work full time and we are not entitled to claim any other benefits such as tax credits, EMA for our children at college etc.