How long? getting (even more ) desperate!

rosiesq

Hi again guys
Just thought I'd ask for an opinion. I know the procedure with ASOS is an absolute joke. Just wondering, on average, how long any of you have waited to be put in the right group? I first claimed ESA in August last year ('13), and am waiting, still, to be put in the correct group, 23 weeks on. I'm getting pretty desperate now, living on £71 a week, not good. I'm way behind with bills etc; and now can't afford to put my heater on at all, and am struggling to even buy any food. Pretty miserable. The government have no idea, I'd like to see any of them exist on this. Thanks again.:(

Morglin

It depends where you are, at the moment.

The idea was that, by 13 weeks on Assessment rate, the claimant would have been assessed, either by paper assessment, or by a medical examination, and then be put into WRAG, Support Group, or found fit for work.

The claimant, could then ask for Mandatory review, and then appeal if they disagreed with the decision.

However, due to ATOS having to be audited, and other factors, there is a huge backlog, in some areas.

If you haven't had an assessment yet, I would ring the DWP office you deal with, to ask what is going on.

Lin

tinkledom

I seem to remember that the DWP can be challenged (as was done a while back) that if the 13th week date has expired and the delay in deciding what the outcome is down to the DWP or it's agent then the DWP must put the claimant in the 'Work Group' until a decision is reached. The matter was discussed at length on Rightsnet.


I think that this was a Tribunal ruling that the DWP are bound to HAVE to make a decision by the 13th week.

catzooo

My ESA claim started last April. My assessment was 2 weeks ago. Already got the report back and money owing in the bank.

osdset

The DWP are under no obligation to either conduct a WCA within 13 weeks, or pay the WRAG element if the WCA isn't conducted within 13 weeks. Welfare rights advisors tried to pin them down over this and failed. The Upper Tier Tribunal ruled on the matter last year, the new regulations state that the assessment phase will continue until a determination is made

tinkledom

osdset wrote: »

The DWP are under no obligation to either conduct a WCA within 13 weeks, or pay the WRAG element if the WCA isn't conducted within 13 weeks. Welfare rights advisors tried to pin them down over this and failed. The Upper Tier Tribunal ruled on the matter last year, the new regulations state that the assessment phase will continue until a determination is made

Thank you for updating me on that matter.


But it does seem a little bit unfair that people are having to wait up to 42 weeks before they are placed in a group.


As in catzooo's case, they had an assessment earlier this month despite them applying for ESA back in April last year. What would have happened if catzooo had closed down their claim in late December, a week or two before the assessment took place? Would they have had to live on the assessment rate for those 9 months and lost out on any additional income depending on what group they were put in?


It seems that the DWP just don't take these matters seriously enough.

Morglin

osdset wrote: »

The DWP are under no obligation to either conduct a WCA within 13 weeks, or pay the WRAG element if the WCA isn't conducted within 13 weeks. Welfare rights advisors tried to pin them down over this and failed. The Upper Tier Tribunal ruled on the matter last year, the new regulations state that the assessment phase will continue until a determination is made

Yes, in many regions, but not all, the 13 week target is not being reached.

Phoning them can sometimes speed it along a little.

Lin

BP1987

As per a response i made in another thread i've seen customers waiting 18 months before a decision is made so i wouldn't hold your breath.

Morglin

BP1987 wrote: »

As per a response i made in another thread i've seen customers waiting 18 months before a decision is made so i wouldn't hold your breath.

I know PIP is taking months, but I didn't realise ESA claims were taking that long! :eek:

It's actually a bit stupid where the thoughts are for the government to save money - they are paying out these weekly amounts for people, over these long periods of time, some of whom might be found fit for work.

Lin

osdset

Morglin wrote: »

I know PIP is taking months, but I didn't realise ESA claims were taking that long! :eek:

It's actually a bit stupid where the thoughts are for the government to save money - they are paying out these weekly amounts for people, over these long periods of time, some of whom might be found fit for work.

Lin

The amount they are paying out on assessment rate is the same as JSA = £71.70 per week, so for HM Gov it makes no difference, assuming that someone that fails the WCA goes on to claim JSA.

speedfreek1000

Contact you MP!

Find yours here http://www.theyworkforyou.com/mp/

Write a concise letter, keep it detailed factual and above all to the point. End the letter with the outcome you wish.

A complaint to ATOS and the DWP; asking for an explanation of why it is taking so long may be of help here as well.

Both the DWP and ATOS will blame each other for the delays. Often getting your MP to shake the tree is a good tactic in making an assessment fall out.

Remember being awarded ESA after an assessment is not guaranteed so be prepared for that.