ESA Entitlement Discontinued - Need Help/Advice

kpshah

As of 7/12/2012, my ESA (JRAG) has been discontinued on the basis of decision by ESA that although with pain/discomfort and high to medium dose of medication for pain, arthritis, diabetes, high blood pressure, hypoglycemia, depression, I should be able to return to work.
I am therefore only receiving DLA (higher level mobility component and lowest level care component). My housing benefit and council tax benefit are also therefore cancelled.
I am appealing against the ESA's decision to stop my entitlement and there were several misinterpretations by ATOS examining me and writing out their report which we are questioning.
How do I meet the expenses in the meantime? I have tried, but it seems I am not entitled to any benefit and just have to wait for the outcome of my appeal. I am trying to organise a meeting with the experts in such matters at Harrow Association for Disabled People but they too are overstretched and I am not getting any confirmed date as to when I can be seen by someone.
I have a partner who too is unable to work due to chron's disease which is flaring and she has been on steroids for the past month.
I am left clueless about what to do next and how to survive just on DLA. Any advice/help will be much appreciated. Thanks

Kailash

Torry_Quine

I presume you mean WRAG and that you got insufficient points at the WCA. If that is the case then you have a month to put in that appeal and while the appeal is happening you will receive the assesement rate. Also you will need to send in fit-notes from the doctor.

The above is assuming that you are either on income related or if contribution based have got it for less than one year.

Don't know about housing benefit and council tax benefit but someone will

benefitbaby

Your HB and CTB should not have been cancelled but merely suspended and they will write to you asking you to provide evidence of income. You need to tell them that you are/have put in an appeal against your ESA decision.

As noted above when an appeal is lodged ad you send in medical certificates (have to send these throughout) you will be paid the assessment phase of ESA until appeal determined. If you win the ESA appeal and are subsequently placed in the work-related activity group again your WRAcomponent will be backdated as a lump sum and ongoing ESA will increase again.

Your appeal should focus on the ESA WRAG descriptors that you meet and if you can get supporting medical evidence to submit this will assist.

If you feel the Atos healthcare professional has been unprofessional or has acted fraudulently then you need to make a separate complaint to Atos healthcare.

Good Luck

kpshah

benefitbaby wrote: »

Your HB and CTB should not have been cancelled but merely suspended and they will write to you asking you to provide evidence of income. You need to tell them that you are/have put in an appeal against your ESA decision.

As noted above when an appeal is lodged ad you send in medical certificates (have to send these throughout) you will be paid the assessment phase of ESA until appeal determined. If you win the ESA appeal and are subsequently placed in the work-related activity group again your WRAcomponent will be backdated as a lump sum and ongoing ESA will increase again.

Your appeal should focus on the ESA WRAG descriptors that you meet and if you can get supporting medical evidence to submit this will assist.

If you feel the Atos healthcare professional has been unprofessional or has acted fraudulently then you need to make a separate complaint to Atos healthcare.

Good Luck

I have already submitted my income details to HB/CT Benefits office in Harrow. But am unsure as to what is going to happen until the appeal gets heard and it has been processed. I haven't been paid anything apart from DLA since 7/12/12 - and it is very distressing as practically no income is coming in. The DWP has also sent me my P45. I am lost as to who to approach for help/advice. Will CAB be helpful at all? My previous experiences with them haven't been pleasant or so to say anything positive come out of it.

Torry_Quine

kpshah wrote: »

I have already submitted my income details to HB/CT Benefits office in Harrow. But am unsure as to what is going to happen until the appeal gets heard and it has been processed. I haven't been paid anything apart from DLA since 7/12/12 - and it is very distressing as practically no income is coming in. The DWP has also sent me my P45. I am lost as to who to approach for help/advice. Will CAB be helpful at all? My previous experiences with them haven't been pleasant or so to say anything positive come out of it.

When did you send in your appeal and have you checked that it was received as they have a habit of being mislaid!

When was your last ESA payment?

benefitbaby

And are you sure you sent a valid appeal - needs to be on a GL24 appeal form or in writing containing all the required information. This must be sent to JCP and valid medical certificates for ESA payments to be made.

If you have done this and still not heard then you need to contact JCP and check they have your appeal. If they do not then re-send and explain they lateness. You could also ask your MP to intervene.

A CAB, DIAL, welfare rights centre or similar can help with the appeal is process.

kpshah

Torry_Quine wrote: »

When did you send in your appeal and have you checked that it was received as they have a habit of being mislaid!

When was your last ESA payment?

The appeal was sent in writing to JSA, Belfast for attention of Appeals Section/Decision Maker by 1st class recorded delivery which included the detailed report from my GP describing my illness and the medication I have been on. It also describes the treatment I have received so far from various specialists at different hospitals. I have checked and the appeal appears to have been delivered to them on 31/12/12.

My last ESA payment was on 7/12/12. i haven't received any further payment from them at all till today.

kpshah

benefitbaby wrote: »

And are you sure you sent a valid appeal - needs to be on a GL24 appeal form or in writing containing all the required information. This must be sent to JCP and valid medical certificates for ESA payments to be made.

If you have done this and still not heard then you need to contact JCP and check they have your appeal. If they do not then re-send and explain they lateness. You could also ask your MP to intervene.

A CAB, DIAL, welfare rights centre or similar can help with the appeal is process.

Thanks. I am first trying to get an appointment with benefits advisor at Harrow Association for Disabled. If there is too much delay, I will contact Harrow CAB. I have absolutely no idea who DIAL are?? I get confused and lost when writing in detail and am seeking help of my children who could help me get in touch with my local MPs who can probably intervene.

kpshah

Been to CAB-Harrow, who contacted DWP/ESA to find out the reasons for stopping my ESA payment whilst the appeal is being lodged and heard. They say, an updated sick note is required from the GP and that is the basic reason for stopping ESA. The woman at CAB asked the persosn why this wasn't advised to me and she got the answer that they just don't advise what someone needs to do when ESA is stopped. So, a pointer there I suppose for people whose ESA payments have stopped. Having said this, I was told that the money should be going into my account by today, but no credit in the account yet! Will probably wait until tomorrow and chase them.

HB58

'benefitbaby' told you about the need for sick notes almost 2 weeks ago!