Author Topic: ESA failure  (Read 3517 times)

Sunny Clouds

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Re: ESA failure
« Reply #15 on: October 29, 2016, 06:47:31 PM »
I keep hoping that an IDS constituent who's seriously disabled but gobby and mentally strong would find themselves in this position and arrange for some friends and supporters/campaigners to do the disabled equivalent of granny dumping  him in the constituency office.  They could put someone in his home to lock the doors, make the place as inaccessible as possible etc. 

Cue the discreet video cameras as IDS's constituency staff try to work out what to do with the crip-dumped constituent.  Take him home?  Dump him in the ED?  If he refused to get in an ambulance, they couldn't make him.  So then what?  Call the police to arrest him for obstruction?  Can't you just imagine how furious they'd be having to deal with that?

Well, I can dream, can't I?

But the reason they're getting away with all this is that if you work anywhere in the DWP's mostly privatised benefits system, and your job's on the line if you don't fail and/or sanction as many claimants as possible, if you've any common sense at all, you pick not the fakes, scroungers, skivers or even those that are genuine but can survive without benefits; you pick the easiest targets, those whose impairments or difficulties or whatever make it hardest for them to fight back.  Not those with the least worthy or provable  cases, those who'd find it hardest to challenge the decision or who'd just give up.

So, if Gorbut is reading this...

Don't give up.  Just because people working in the system thought your daughter was an easy target, doesn't mean her case is hopeless.

Listen to the likes of Monic, Kizzy etc. who know their stuff.  (We've all had some experiences of fighting welfare systems, here in the UK, or elsewhere such as Israel and Cyprus.)

Do your homework on the criteria.  Read the caselaw.  Press the right buttons vocabulary- and evidence-wise if a reconsideration doesn't work and you go to appeal.

And above all, remember that you're not alone.

I have bipolar disorder.  There are things that I'd find a doddle doing for other people that send me into meltdown doing for myself.  I've been doing things like that recently and if it weren't for people on two messageboards, a few telephone friends and the Sams, I wouldn't have been able to cope.  So at the risk of teaching my grandmother to suck eggs, or for that matter, teaching a teacher anything, please keep reaching out to others as you go through this.

 >bighugs<
(I'm an obsessive problem-solver, so feel free to ignore any suggestions or solutions I offer, even if they sound terribly insistent.)

gorbut

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Re: ESA failure
« Reply #16 on: October 29, 2016, 09:45:21 PM »
Thanks sunny clouds

We have been through this before with her initial DLA claim years ago so we know how to fight but the effect on her is always distressing. Even more distressing for those with no support. Now that we have got over the initial shock of someone attending a WCA in a powered wheelchair being given no points for mobility we are in more of a fit state to fight.

I know I am able to write a good letter when feeling less emotional as I have successfully fought DLA appeals for both my children in the past so more of the same really but it seems just as we sort out one problem situation another jumps up to bite us 😄

gorbut

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Re: ESA failure
« Reply #17 on: October 31, 2016, 01:20:01 PM »
Well I've sent the letter asking for reconsideration and am starting to prepare evidence as I don't hold out much hope.

We have identified a private ME/CFS consultant who we hope to contact later in the week. Even if they do change the decision she has DLA to PIP transfer next Spring so evidence will be needed anyway.

huhn

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Re: ESA failure
« Reply #18 on: October 31, 2016, 01:30:46 PM »
what helps me to tie up with people  who do the same,  sometimes you can miss a point. I am in the moment facing the same with my little girl. I know  my friends  do the same  now, and we are not alone, together we can  fight back. and it is not only a  UK  problem, its Europe  wide the  same issue.

Hurtyback

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Re: ESA failure
« Reply #19 on: October 31, 2016, 10:12:53 PM »
Monic, thank you for the reminder about UC!  >thumbsup<

gorbut

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Re: ESA failure
« Reply #20 on: November 02, 2016, 08:54:19 AM »
I have been researching stufff anticipating needing to appeal and have come across a mention of fit notes. As my daughter has been found fit for work but is disputing this does she need to get a fit note in the same way as people who are making initial applications? I may attempt to phone the DWP to ask but it takes so long to get through. I though I would ask you wonderful people first 😀

Monic1511

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Re: ESA failure
« Reply #21 on: November 02, 2016, 09:53:03 PM »
Ok if your daughter is claiming JSA the she can had in a fit note to the job centre to mean that she is unfit for JSA but what I think you are talking about is this
Once a mandatory reconsideration has been done and if it's refused then you can appeal, in order for ESA to be paid at assessment rate you will need a sick line / fit note backdated to the date of decision.  Then once the tribunal makes a decision your daughter will know if she has to keep providing sick lines

gorbut

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Re: ESA failure
« Reply #22 on: November 03, 2016, 02:48:05 PM »
Thanks monic

That's what I suspected. We are seeing her GP on Monday so will get a fit note backdated and for as long as she can do it for. She is reluctant to claim JSA as she is already not in a good place  mentally after the decision and can't face the added stress. As we can afford to feed her etc for the moment I won't be pushing her to do do.

gorbut

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Re: ESA failure
« Reply #23 on: December 05, 2016, 12:11:31 PM »
Upset again today as despite sending in a very supportive letter from my daughter's GP plus another from a local councillor her mandatory reconsideration letter arrived this morning stating that the decision has not changed.

I am waiting for a call back from the relevant office as there is no reference made to the extra evidence I sent and I want to check it got there. Also I though that the decision maker was supposed to phone if the mandatory reconsideration was negative and this did not happen.

I shall be printing off the appeal form in a little while. Am I right in thinking that I do not have to write the detailed appeal submission yet. From what I have read I think that I do that once I get the bundle of papers from the tribunal service. Am I right?

I hope so as once the form has gone off I would like to concentrate on Christmas and start sorting the stuff I need for the submission after that.

I am still wondering how she got no points for mobility given that she had to use a wheelchair to attend the 'medical'

Monic1511

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Re: ESA failure
« Reply #24 on: December 05, 2016, 10:10:17 PM »
Hi Gorbut

You are correct you only do the submission once the appeal date has been listed for an Oral hearing.

Print off the SSCS1 form, you need to request an oral hearing and do not accept a cancellation,

I would not bother waiting for the call back from the DWP, they will not change their decision now,
You send off the SSCS1 and then wait for a set of papers, 2 weeks after the papers are received you then get a tribunal date.
When you get the papers read them and make notes,   Print off a list of the ESA descriptors - I can source one for you in a word format,
then you explain why your daughter meets each criteria that is relevant and at the end of each statement I put the points.

It'll explain in the papers why they dismissed the wheelchair - makes you wanna scream tho

Monic

gorbut

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Re: ESA failure
« Reply #25 on: December 05, 2016, 11:46:40 PM »
Thanks Monic

We are hoping to get more medical evidence too. We are fortunate to be able to fund a few appts with consultants privately but won't get appointments until January. I am presuming that there is going to be quite a delay waiting for the tribunal unless things have improved in recent years.
« Last Edit: December 05, 2016, 11:48:31 PM by gorbut »

NeuralgicNeurotic

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Re: ESA failure
« Reply #26 on: December 06, 2016, 08:35:15 AM »
 >bighugs<

SunshineMeadows

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Re: ESA failure
« Reply #27 on: December 07, 2016, 09:21:14 AM »

swift

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Re: ESA failure
« Reply #28 on: December 07, 2016, 03:03:29 PM »
 >bighugs<

Monic1511

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Re: ESA failure
« Reply #29 on: December 07, 2016, 08:28:07 PM »
Thanks Sunshine Meadows for sourcing the descriptors and points
Monic