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Assessment Already!!

I've been in the support group for the past 3/4 years.

I failed a medical December 2012 ( woman lied in her report and set out to fail me before I had even entered the room) and spent all last year waiting for my appeal to go through. While I was waiting they still sent 3 questionnaires at different times to annoy me just a little bit more .

I went to the tribunal early December 2013 to appeal against being moved from the support group to the work related group. The tribunal agreed that I should be in the support group and the Doctor said I wouldn't be reassessd for 18 months.

Now i've got a letter saying to attend an assessment Feburary 03rd, not even two months have passed and they already wanting to see me again!

I know they are doing this on purpose (they know my circumstances haven't changed!!) and they are hoping that it will break me so I cancel ESA or even kill myself.

Is there anyone I can appeal to so that I don't have to attend this medical and is there anyone I can complain to for the way they are behaving?

I'm so the low at the moment and they are really close to pushing me over the edge.
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Comments

  • Torry_Quine
    Torry_Quine Posts: 18,884 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The length of time is counted from the original decision not from the date of the appeal so it's over a year. That said it does seem harsh.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    I do get the impression of an insenstive inpersonal state machine when it comes to processing benefit claims but I do hope that there aren't mechanisms in place to intentionally wind up claimants. Usually I would say 'don't take it so personally, put it down to incompetence rather than conspiracy' but it can't help but to feel personal to you.

    I can't offer any specific ESA advice but strongly recommend you consider contacting the Samaritans who can help you get through the crisis by offering confidential non-judgemental support. That might be a good way of being able to blow off steam without you going over the edge.
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    contact your MP.

    Remember though, that even if they fail you again, just appeal again, play them at there own game.

    I
  • It really is not personal, no one sits there and thinks 'who can we wind up today'. As already said, the eighteen months runs from the original decision, so your next assessment will need to be completed by June. There are delays due to the ATOS reports being audited before being returned to the DWP, so the time frame is about right.

    Is your GP supportive, and do you have additional mental health support? If so, well phrased letters from them could mean you do not need a face to face assessment at all.
  • sniggings wrote: »
    contact your MP.

    Remember though, that even if they fail you again, just appeal again, play them at there own game.

    I

    It is not that simple. Now mandatory reconsiderations are in place, a failed assessment would leave the claimant without funds for (at best) several weeks. Far better to send sufficient information in the first place, so the claim does not fail.
  • themull1
    themull1 Posts: 4,299 Forumite
    Is it not just to make sure that they are giving benefits to people who need it? i thought that they did a lot more checks these days?
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    More likely several months.


    If put in the working gp from the support gp then the OP will still get paid and if found fit for work but appeals wouldn't they still get the assessment rate until the appeal is heard?
  • sniggings wrote: »
    If put in the working gp from the support gp then the OP will still get paid and if found fit for work but appeals wouldn't they still get the assessment rate until the appeal is heard?

    There is not a working group, there is a work related activity group. If the OP wishes to appeal a WRAG decision they will continue to receive the WRAG rate, and they would not have failed the assessment.

    If they fail the assessment they will be subject to MR.
  • skintmacflint
    skintmacflint Posts: 1,083 Forumite
    edited 26 January 2014 at 4:39AM

    Is there anyone I can appeal to so that I don't have to attend this medical and is there anyone I can complain to for the way they are behaving?
    .

    It's worth calling the DWP and explaining you've just recently been put into the Support Group after winning an appeal. This has in some cases resulted in the person being told to ignore the ESA form etc. Whether it would work in your case or not have no idea. But perhaps worth a try.

    But any statement from DWP to ignore the new ESA form in these circumstances MUST be confirmed in written form, before you act on it. Otherwise you could end up in bother for failing to return the form.

    If you do need to fill in the form, be sure to attach a copy of your recent Tribunal win, as well as any info you used to overturn the WRAG decision if still valid and current to your present health situation.
  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 January 2014 at 11:29AM
    This is within the time frame of the B]original [/B]decision, so, there is no right of appeal, but it all appears a bit random, as others are long overdue when they were due.

    An MP will not be able to do anything.

    Unless you get a DWP decision, in writing that they will not review you yet, make sure you send the ESA50 back, completed, or they can, and probably will, halt your claim.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
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