ESA Decision this is SO wrong

NeilCr

flyer2306 wrote: »

I have to contact GP anyway to get a sick note for claiming JSA. I have no choice or i'll have no income and wouldn't even be able to pay the fee for the letter from GP

So what other income do you have? Does your wife work? Are you getting all the benefits you are entitled to? Did you ever actually apply for PIP?

Might be worth popping your numbers into a benefit calculator like Entitledto or Turn2us. I know it's been suggested to you in the past that you go to CAB. Could be a good time now - for a benefits check and help and support with your appeal - if the MR fails

tazwhoever

Confuseddot wrote: »

Usually the decision maker at DWP bases his decision on the report from HCP regardless of what is said on the ESA50.

Why go through ESA50 and sending evidence, if the DM bases his/her decision on HCP even it might be not true?

Tommo1980

Because the HCP will have reviewed the ESA50 and supporting evidence.

You could claim whatever you like in the ESA50. Without supporting evidence and/or f2f assessment it is meaningless. It all hinges on the HCP being qualified and competent to do their job.

Tom

tazwhoever

Tommo1980 wrote: »

Because the HCP will have reviewed the ESA50 and supporting evidence.

You could claim whatever you like in the ESA50. Without supporting evidence and/or f2f assessment it is meaningless. It all hinges on the HCP being qualified and competent to do their job.

Tom

There is no point sending ESA50 without sending evidence. But to make a decision without ESA50 and evidence is wrong. That's why DM decision gets turned around at court at times.

Foxy16

Op, I experienced exactly the same as you, apart from the assessment was not recorded. Assessor did not ask how my conditions affected me and a lot more. Unbeknown to me he did not have my ESA50 I found that out later. I took a further 25pages of medical reports from Neuro, Rheumatologist, xrays and mri which he did not even look at..... Got 6 points.

After receiving the accessors report and noting all the inaccuracies, I sent a letter of complaint to Maximus with a copy of this to my MP.

DM did not change the decision at MR, but stated that although he did not have the ESA50 to hand the accessor had. This was a lie as Maximus replied to my complaint (took them 14wks to do this!), stating that the assessor had no ESA50 or medical reports due to DWP mislaying my files. They apologised profusely, no amount of apology can make up for the hell they have put me through.

By now I had sent my Tribunal form off, and got a phone call from DWP saying they were reinstating my ESA due to inaccuracies, but I would have to go for another assessment, which I accepted being desperate for money, so tribunal was cancelled. I have this ESA assessment in 2wks time, and the following week my PIP tribunal, I am so petrified and stressed and in hell of a state. Wish now I would have refused the ESA and went to tribunal, as there is no guarantee that this assessment will be any better.

This has been a year from hell as my DLA ended and got refused PIP, so fighting that as well. The incompetence and rudeness I have experienced is unbelievable plus the amount of money I have had to pay phoning their long winded telephone system, which when you have lost money you cannot afford.

I really feel for you, it is so unfair.

Alice_Holt

Foxy16 - FWIW

Re your PIP tribunal this may be helpful:
http://www.advicenow.org.uk/guides/how-win-pip-appeal

In my experience the Tribunal Service are fair and very thorough.

Re your ESA assessment:
Remember BUT when replying to Q's
https://forums.moneysavingexpert.com/discussion/comment/71632711#Comment_71632711
(This relates to PIP but the principle can also be applied to ESA)

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-medical-assessment/
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-medicals

Good Luck. I realy hope it goes well for you. There are some reasonable assessers out there - your turn to get one I hope!

flyer2306

Foxy16 wrote: »

Op, I experienced exactly the same as you, apart from the assessment was not recorded. Assessor did not ask how my conditions affected me and a lot more. Unbeknown to me he did not have my ESA50 I found that out later. I took a further 25pages of medical reports from Neuro, Rheumatologist, xrays and mri which he did not even look at..... Got 6 points.

After receiving the accessors report and noting all the inaccuracies, I sent a letter of complaint to Maximus with a copy of this to my MP.

DM did not change the decision at MR, but stated that although he did not have the ESA50 to hand the accessor had. This was a lie as Maximus replied to my complaint (took them 14wks to do this!), stating that the assessor had no ESA50 or medical reports due to DWP mislaying my files. They apologised profusely, no amount of apology can make up for the hell they have put me through.

By now I had sent my Tribunal form off, and got a phone call from DWP saying they were reinstating my ESA due to inaccuracies, but I would have to go for another assessment, which I accepted being desperate for money, so tribunal was cancelled. I have this ESA assessment in 2wks time, and the following week my PIP tribunal, I am so petrified and stressed and in hell of a state. Wish now I would have refused the ESA and went to tribunal, as there is no guarantee that this assessment will be any better.

This has been a year from hell as my DLA ended and got refused PIP, so fighting that as well. The incompetence and rudeness I have experienced is unbelievable plus the amount of money I have had to pay phoning their long winded telephone system, which when you have lost money you cannot afford.

I really feel for you, it is so unfair.

Wow that does sound very similar to me. I don't know what i would do if they upheld my complaint and reinstated my ESA i think i'd be tempted to stick to an appeal and go to the tribunal as i'd fear the next WCA would be just as flawed as the first one. I've had a terrible day today with my panic attacks knowing what's to come. Had terrible pain earlier too which caused me to have a fall All this stress we all face is just too much.

flyer2306

Hi all,
I have a couple of questions. I just tried to put a claim in for JSA online and it said that i can't as i've claimed ESA in the past 4 weeks i think it said. It didn't say anything on how to claim on my ESA decision letter so i'm a bit lost.

Also, i'm contacting my doctor tomorrow so i can get this 13 weeks medical certificate for JSA, At what point can i hand this into the job center?

flyer2306

tazwhoever wrote: »

There is no point sending ESA50 without sending evidence. But to make a decision without ESA50 and evidence is wrong. That's why DM decision gets turned around at court at times.

Yep, my decision was made without the ESA50 and also without evidence i provided at the WCA. No idea why the assessor did not forward that paperwork on. I swear they get something out of failing people... The must do.. Because in my case i honestly cannot see how he has put so many lies on the report.. I'm just really hoping Maximus see this.. listen to the tape... and accept my complaint... That will change it all

NeilCr

flyer2306 wrote: »

Hi all,
I have a couple of questions. I just tried to put a claim in for JSA online and it said that i can't as i've claimed ESA in the past 4 weeks i think it said. It didn't say anything on how to claim on my ESA decision letter so i'm a bit lost.

Also, i'm contacting my doctor tomorrow so i can get this 13 weeks medical certificate for JSA, At what point can i hand this into the job center?

It says here

http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

that you should make a claim by phone.

I think (underline think) that you have to be awarded JSA first before you submit the fit note

Honestly, people have said this to you quite often but I really do think that you should get in contact with CAB. You have a lot going on and you indicated earlier in this thread that you won't have any money. We are all trying to help but one focal point would likely be best for you