Author Topic: ESA failure  (Read 2855 times)

gorbut

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Re: ESA failure
« Reply #30 on: December 26, 2016, 07:54:22 AM »
Just wanted to let you know the good news that my daughter's ESA has been restored. When I re read the mandatory reconsideration notice there was no mention of the extra evidence I sent. I decided to write to check they received it. Got a letter dated the 15th December saying they had no record of it so I phoned them saying I wanted to make an official complaint about the evidence not being sent to the decision maker. I was asked to send it again which I did on the 19th. This resulted in my daughter getting a phone call on the 23rd to tell her that after now seeing the evidence they had overturned the original decision . So she is back in the support group. It was a very welcome Christmas surprise 😀

My complaint will still go forward though as the evidence should have been forwarded at the time. I am hoping that it will make them be more careful in future, well pigs might fly but at least I can hope it might make a difference.

SunshineMeadows

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Re: ESA failure
« Reply #31 on: December 26, 2016, 09:20:09 AM »
That is excellent I am so pleased  to read the good news. You are such a great Dad fighting to make sure your children get the help they need  >star<

Monic1511

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Re: ESA failure
« Reply #32 on: December 26, 2016, 03:53:22 PM »
That's good news and I'm glad that is one bit less stress for you and your family.  It also shows that it's worth chasing the dwp up and making sure the decision maker got the evidence.  Glad to hear your continuing with the complaint, have a good Christmas and all the best for 2017

KizzyKazaer

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Re: ESA failure
« Reply #33 on: December 26, 2016, 05:00:20 PM »
Nice one, Gorbut, well done  >thumbsup<

gorbut

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Re: ESA failure
« Reply #34 on: December 27, 2016, 07:33:42 AM »
Thanks for the comments. I would like to point out though that I am her mum not her dad 😃

SunshineMeadows

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Re: ESA failure
« Reply #35 on: December 27, 2016, 09:31:02 AM »
Quote
Thanks for the comments. I would like to point out though that I am her mum not her dad 😃

>blush<

Thank you  :-)

edit to add.
« Last Edit: December 27, 2016, 10:14:43 AM by SunshineMeadows »

NeuralgicNeurotic

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Re: ESA failure
« Reply #36 on: December 29, 2016, 10:35:36 AM »
Well done Gorbut!  >star< >bubbly<

Dark_Divinity

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Changing ESA medical appointment.
« Reply #37 on: January 11, 2017, 06:15:37 PM »
Would it be possible to ask for a reconsideration and request to be put on the assessment rate? That way you will still help with council tax and rent. From what I have read you will need to request the full assesors report (esa85) and not the abridged version of the report. I think you would need to request a GL24 form. The webpage information talks about getting help from CAB and medical people involved in your care to gather evidence and form an arguement to dispute the esa50 report.                                                                    This information is from the website called Atos Kills.                                                                         Is this information still valid even though Atos isn't doing assessments anymore?
June 2012 -Hypothyroidism.

Mentally Wobbly.

Dark_Divinity

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Changing ESA medical appointment.
« Reply #38 on: January 11, 2017, 06:21:22 PM »
Would that be a step to take before going down the route of Mandatory Reconsideration?
June 2012 -Hypothyroidism.

Mentally Wobbly.

Monic1511

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Re: ESA failure
« Reply #39 on: January 11, 2017, 10:27:29 PM »
Dark Divinity the GL24 is defunct now.  You cannot be paid assessment phase ESA until your appeal has been accepted by HM Tribunals service, this is the step put in to stop people staying on money while they appealed a decision the process now is this

New Claim for ESA made, sicklines received and claim processed,
claimant is paid the assessment rate of 73.10 (over 25's)
claimant is sent an ESA50 Work capability assessment form
Form returned to Atos and claimant called for a WCA / medical
Claimant attends medical
DWP issues decision - normally finding claimant fit for work
THIS IS THE DIFFERENT PART NO NEED FOR AN GL24

Claimant's benefit payments are stopped and claimant is told to either claim JSA/Universal Credit and told they can ask for the decision to be looked at again if they disagree.  This is known as the mandatory reconsideration(MR) process. 
There will be no ESA paid while the mandatory reconsideration process is underway
There is no timescale for the mandatory reconsideration although DWP will try to get it done within 28 days but it can take 13 weeks
during this time the claimant cannot be paid ESA UNLESS they make a completely new claim with a severe deterioration or new condition, but they would also need to go through the MR process to protect the previous ESA claim.
ONCE the result of the MR is sent to the client you will be sent 2 copies of the decision, this is to allow you to lodge an appeal if you still disagree with the decision.  The appeal MUST be on the SSCS1 form which is sent to the tribunal service along with a copy of the MR result.
After the tribunal service receive the SSCS1 and lodge it onto their system you will be notified and only then can you contact the DWP, send them a backdated sickline to the original decision date and you will then be paid ESA at the assessment phase.  If you try sending a GL24 it will be binned as a waste of paper.

If you do not claim JSA or UC while waiting on the result of the MR you will have no income and will need to contact the council's benefit team and provide them with a statement saying you have no income, if you have no income most councils will reinstate your housing benefit / council tax reduction but can you exist with NO income for up to 13 weeks.  If you claim JSA you have to wait for your first payment before you submit a sickline and ask for 13 weeks sick leave from JSA, this is because you have to say your fit for "some" work just to get a payment,

sorry but that website is out of date if its telling you the info you posted, its nothing to do with ATOS its the DWP process since the introduction of mandatory reconsiderations.

I hope the new simple process has been explained properly cos even I'm getting confused and I do it every day
Monic

Dark_Divinity

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Re: ESA failure
« Reply #40 on: January 12, 2017, 03:24:47 PM »
Thanks Monic.  :) 


(Post subject amended to match title of thread - KK)
« Last Edit: January 12, 2017, 04:22:18 PM by KizzyKazaer »
June 2012 -Hypothyroidism.

Mentally Wobbly.