Assessment Already!!

tinkledom

jacques_chirac wrote: »

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.

Isn't that then dancing to the DWP's tune? If everybody did that the government might just get the impression that they can change any bit of legislation to suit themselves and assume that no one will stand up and object.


Where is the backbone in this country? It's as though when the DWP say jump everyone says 'how high'.


For me, let them play their silly games, at the end of the day by creating a huge paper chain, it is the DWP and the government that will have the problems. Just imagine if no one sent in any evidence with the ESA50, and everybody was told to get a job? Then they held back the evidence from the MR and offered to give it to the Tribunal Service instead. The whole system would cost the state millions and cause the MoJ to grind to a halt. Wow, wouldn't that be something - people power!!!!

Morglin

Oh brilliant - what a bright idea, with no one sending in anything so that they can stop paying - that will really, really upset them! :doh:

They do call the tune - because they are holding the purse strings, so, inconvenient though it might all be, we all have to play by their rules, where ESA is concerned, as well as other benefits.

Sending in loads of evidence actually reduces stress in many cases, because then there is just a paper assessment, not a medical.

Lin :whistle:

flexwheeler

skintmacflint wrote: »

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.

Where do i find the DWP phone number for my area theres nothing on the forms that I have.

I didn't get anything for my tribunal win either, I thought I would have a load of sheets stapled together with the decision, my appeal and the points I was awarded etc. but I've only had three sheets with the first page saying:

CHANGES IN THE EMPLOYMENT AND SUPPORT ALLOWANCE RATES PAYABLE

We have looked at your claim again following a recent change.

You have moved from the work related activity group to the support group.


Thats all I recieved.

I haven't recieved a questionnaire for this upcoming assessment either It's just straight into a medical.

To everyone who responed to my post, am I right in saying that for me to not attend this medical I would have to get a letter from my GP or phone the DWP to let them know my situation? Or are there any other choices that I have?

By the way thanks to everyone who has replied.

Indie_Kid

flexwheeler wrote: »

Where do i find the DWP phone number for my area theres nothing on the forms that I have.

Any letter you receive from DWP, has their contact details on.

tinkledom

Morglin wrote: »

Oh brilliant - what a bright idea, with no one sending in anything so that they can stop paying - that will really, really upset them! :doh:

They do call the tune - because they are holding the purse strings, so, inconvenient though it might all be, we all have to play by their rules, where ESA is concerned, as well as other benefits.

Sending in loads of evidence actually reduces stress in many cases, because then there is just a paper assessment, not a medical.

Lin :whistle:

For those that make it into the WRAG and want to go to the Support Group, they will continue to receive the WRAG payment during the reconsideration/appeal process


For those that fail and are told to get a job, they can appeal and receive the appeal rate which is the same amount as JSA is.


So where are these people that won't get paid anything? Yes there will be a few weeks when the MR is taking place, but when the appeal is lodged it will be backdated and you will get the money.


What will happen is that the MoJ will be snowed under with appeals which will cost the government a lot of money. Especially if everybody fails the ESA assessment and are told to get a job. The claimants will be happy as they will still pick up their £71 a week ESA assessment rate amount until the appeal is heard.


As for stress when having a face to face assessment, why let yourself go down that line?
Just tell them as it is, let them complete their so called report and walk out. It doesn't matter if you pass it or not, you will still get your money. Besides which a Tribunal will be the best place to go for justice, that's if the government can get enough members to sit and hear the appeals.


No one seems to have any guts anymore and call their bluff. The DWP cannot do anything to you, they have to pay the £71 a week even if you fail.

skintmacflint

[QUOTE=flexwheeler;64502921
.
I haven't recieved a questionnaire for this upcoming assessment either It's just straight into a medical.

Could one of the 3 questionaires you said you were sent been an ESA50 form?

To everyone who responed to my post, am I right in saying that for me to not attend this medical I would have to get a letter from my GP or phone the DWP to let them know my situation? Or are there any other choices that I have?

.[/QUOTE]

Only by calling the DWP or possibly even trying a call with ATOS, can have the slight possibility of cancelling this medical in your particualr circumstnaces.

Call the DWP using the number on the DWP letter you received about your change to Support Group.Possibly consider a call to ATOS as well. And ATOS on the number on the letter telling you about the medical date.

When on the pphone, explain you've just won your appeal to be moved to Support Group , and mention the 18 month reassessment time recommendation. Stay calm and polite as possible, beacause you're asking a favour. Ask if it's really necessary for you to attend another asessment so soon. You might also mention some people have had their medicals cancelled in similar situations and you wonder if this is possible in your case. They may or may not agree to help. Might have to be passed up the chain..

If they should agree it's too soon, ask for written confirmation the medical date is cancelled. .It's essential you get written confirmation before the date of the medical. Or you risk a failure to attend and your claim unless you attend on the day.

Not sure where a doctors letter came into this, and can't see it helping in this case.

If they can't or won't cancel it , you can call ATOS and ask to reschedule the appointment once which will put it off for a few weeks. Or ask ATOS for it to be recorded which might delay it for a bit longer.

Morglin

tinkledom wrote: »

For those that make it into the WRAG and want to go to the Support Group, they will continue to receive the WRAG payment during the reconsideration/appeal process


For those that fail and are told to get a job, they can appeal and receive the appeal rate which is the same amount as JSA is.


So where are these people that won't get paid anything? Yes there will be a few weeks when the MR is taking place, but when the appeal is lodged it will be backdated and you will get the money.


What will happen is that the MoJ will be snowed under with appeals which will cost the government a lot of money. Especially if everybody fails the ESA assessment and are told to get a job. The claimants will be happy as they will still pick up their £71 a week ESA assessment rate amount until the appeal is heard.


As for stress when having a face to face assessment, why let yourself go down that line?
Just tell them as it is, let them complete their so called report and walk out. It doesn't matter if you pass it or not, you will still get your money. Besides which a Tribunal will be the best place to go for justice, that's if the government can get enough members to sit and hear the appeals.


No one seems to have any guts anymore and call their bluff. The DWP cannot do anything to you, they have to pay the £71 a week even if you fail.

Do you ever actually read the rules before you post?

If you don't return the forms etc., your claim will be closed, and no assessment rates will be paid, while you are waiting for any appeal.

Tribunals will not overturn this decision, because they are bound, by law to only consider the evidence supplied and any assessments at the time the decision was taken. If a claimant has offered neither, and refused to co-operate, there is nothing they can consider. They would then have to try and open a fresh claim, and again, have to fill out the forms and go through an assessment.

Yes, if the claimant signs on, they can claim JSA - however, there may be delays, and they will STILL have to fill out forms and sign a JSAG - or sanction/claim closed/ no money forthcoming. :doh:

Appeals are delayed enough without people deliberately trying to cause them!

There is also the case that, before appeal/tribunal, there is Mandatory Consideration, which can take months, and is only ever paid meanwhile, if the claimant has filled out all the appropriate forms, and co-operated with any assessment.

The simplest way to obtain ESA is to supply the info and co-operate with them, as many go through without a hitch - there is nothing 'gutsy' about losing money trying to prove some point you will never win.

That would be pure stupidity.

Lin

maggieann2luke

Tinkledom, I am one of those people that doesn't get any money while waiting. I was on cont. based wrag and sent in a change of circumstances claim following a nasty fall in Sept. 2013. Now my cont. based has ended on the 365 day ruling I get nothing but I have just applied for income related esa. I have lost my £500 monthly income while atos twiddle their thumbs and we are struggling with bills already.

maggieann2luke

Not happy. Just been told that according to the government a couple have to live on £112.00 per week and then she offered me the phone number for the local foodbank. Nice one, eh?

sniggings

maggieann2luke wrote: »

Not happy. Just been told that according to the government a couple have to live on £112.00 per week and then she offered me the phone number for the local foodbank. Nice one, eh?

add rent onto that £112 then you are probably up to £250 in most cases or even a lot more in other areas.

I agree it's not easy but it's the wages and rents that are causing this problem not level of benefits.