Awating ESA appeal (9 months) and new ESA sent to me

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summer

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 >steam<
I am so fedup with this. I was transfered from IB to ESA in WRAG group. Appealed some 9 months ago. They have ignored all my requests for information.
My MP is David Cameron so I contacted him and his assistant came out to see me in my home. DC has wrote to the Minister of Employment and I have been told it would be about 2-4 to get a reply. 5 weeks now and not heard. Then to top it all off on Saturday I recevied a new ESA form to fill in - grrrrrrrrrrrrrrrrrrrr.
Unbelievable that they can ignore me and my appeal but because its coming up to 12 months since I was transfered they have sent me out a new form and it states it has to be have within a month. One rule for them and one for us.
I have emailed DC assistant and told her I am at my wits end with it all and want DC to intervene as a matter or urgency. It beggers believe that they can make me fill in yet another form but not do anything about my pending appeal, my doctors letters sent to them and my requests for information via letter and repeated phone calls (which I am seldom up to making).
This government is inhuman.
Rant over x

KizzyKazaer

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Hi Summer, welcome to OuchToo and sorry to hear you are having these problems - unfortunately, it is happening more and more (because the Tribunal Service is so overloaded with ESA appeals) that a renewal of ESA becomes due before an appeal on the previous decision has even been heard. I know it stinks, but you do have to complete the new ESA50 and let the process take its course, as per when you transferred - the pending appeal will be for a 'closed period', ie for the last 12 months you've been in the WRAG, and if you are successful and re-assigned to the Support Group, you will be paid the backdated benefit due for that time (the difference between the WRAG component and the Support Group component).

It's hard to keep waiting like this (it's bad enough hanging round for the initial ESA decision; I sent my own form back to the ATOS assessors on Dec 27 and haven't heard a sausage since) but your appeal will be dealt with eventually - at least you know that the paperwork is actually in the system.  For now, concentrate on the latest ESA50 and remember to obtain all the medical evidence you can (or send copies again if you already have it) to demonstrate that you should be placed straight into the Support Group this time.  Any other questions, just ask and we'll do our best to answer them  >thumbsup<


summer

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Thank you for your reply.
I have started to copy and paste from my last ESA form and add bits that are relevant. I am also asking my GP and OT to do supporting letters (as they did for my on going appeal).
It madness as the outcome of my appeal could be support group and then one I am filling in could be WRAG again - the system sucks...
Take care

Monic1511

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Hi Summer

if you have any energy left you could complain to your MP but something else occurred to me - it may be that the department are sending you another ESA50 to use the information in it to make a decision on the support group.

The only reason I say this is because when a claimant appeals the wrag and wants to get into the support group the department have said that they may send an esa50 in order to get further info and that appealling to get into the support group can risk the wrag award as they may fin you fit anyway  >crying< >doh<
best wishes
Monic

KizzyKazaer

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....when a claimant appeals the wrag and wants to get into the support group the department have said that they may send an esa50 in order to get further info

Good grief, that sounds almost like a breach of procedure - if ESA50s are going to be issued for appeals evidence-gathering, the least the DWP could do is send a covering letter explaining just that!  It would be quite easy for the issuing office to knock up an 'in-house' proforma to be used for that purpose, no changes to the DWP computer software would be required.  (Summer, that's something you could mention to DC's assistant if you are still in contact with him/her...)


>edited to add<
« Last Edit: 04 Mar 2013 08:11PM by KizzyKazaer »

Monic1511

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Hi Kizzy

The decision maker I was talking to said that appealling to get into the support group was being treated like a DLA supersession, which may be correct IF you have been to a wca & placed in the wrag but to use it to get extra info for an ongoing appeal does feel wrong - I do have to warn those putting in appeals that this may be the case.  I don't think many support group appeals have been to tribunal in my area.   There are no covering letters with the ESA forms and the problem is when you phone the local office you get a call centre who will call you back within 3 hours but if the callback number is a mobile and they don't connect due to lack of signal then the dept records it as "phoned claimant, no answer"   >steam<

Summer since DC is your MP I think you need to keep pointing out to him how silly the system is
Good luck
Monic

summer

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Been up most of the night in pain and worry.
Called DWP this morning, and have been told I have been sent the new form because my 12 months are up. There is still no decision on my appeal it is on going and the person I spoke to said yes I grant you it has been a long time (very helpful).
So now have to try to do the forms with help of my family.
Thanks everyone

summer

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Advice please.

Received appeal papers today. I am meeting with a welfare advisor next week but wanted to see if I have read what I thought I have read.

I have copied a small part of what has been said.

Section 4 Facts of the case

1. Mrs Clarke was born on ????. She has been entitled to IB on the grounds on incapacity for work or disabiltiy since 27 May 2004.
2. THIS IS THE INTERESTING BIT - IF I HAVE UNDERSTOOD IT CORRECTLY.
On 16 Feb Mrs Clarke was notifed that the conversation phase had began. She completed a ESA50 form which askes the claiment to provide info about their ability to perform activities in order to asess wheather they have limited capacity for work and if so, whether they have limited capabilty for work-related activity. Unforunately, we are unable to locate the completed ESA50 and have therefore based this response on the descriptiors dealt with at the medical assessemtn as found on ESA85A[/color].

The assessement they are refering too and have attached, was a medical I had in 10 Oct 2006. Am I reading correctly that they have lost my ESA50 that I sent in April 2012 (never contacted me to say they have not received it) and use a medical I had in 2006 to see if I am fit work!!!!! Surely this is unlawful as this was some nearlly 7 years ago and my condition has deteriabed lots since[/i]

3. On 1 May 2012 Mrs Clarke was indeptendently medically scrutinised by a healthcare professional in the report from ESA85A (not personnaly so they must been the old 2006 paperwork) was that Mrs Clarke did not meet any of the descriptors delaing with limited capability for work-related activity.

4. On 14 May 2012 the DM considered all the evidence and deteremined that Mrs Clarke had limited capability for work, but did not have limited capability for work-related activity. As a result she is not a member of the SG. The DM decided that Mrs Clarke's award of IB on the grounds of incapacity for work or disability qualified for conversation to ESA, including the work related actiity component,from 8 June 2012.

5. Mrs Clarke nade an appeal on the approved form on the grounds that - please refere to GL24 and detailed supportive documentation as found on pages 1-54. The decsion of 15 May 2012 was reconsidered but not revised.

KizzyKazaer

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Quote
Am I reading correctly that they have lost my ESA50 that I sent in April 2012 (never contacted me to say they have not received it) and use a medical I had in 2006 to see if I am fit work!!!!! Surely this is unlawful as this was some nearlly 7 years ago and my condition has deteriabed lots since[/i]

I don't know about 'unlawful', but it sounds like very bad practice and I'm sure the tribunal would home in on that ... don't suppose you've kept a copy of that ESA50, have you?

(I'm assuming that on 1 May 2012 you didn't have a face-to-face examination - the 'independent medical scrutiny' was carried out by ATOS on that date using the older information..)

Really, you should have been offered a fresh medical before a decision was made, particularly if your condition has worsened to the extent that you might well qualify for the Support Group!

summer

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Hi,

You are correct that I did not hae a face to face on 1 May. The last time I saw someone was for a medical in 2006 (which is what they have used).

Now get this I have just looked through all the paperwork and they have attached my ESA50, which they say they cannot locate.....OMG these people are so stupid.......but it states in black and white that they have based this response on the descriptiors dealt with at the medical assessemtn as found on ESA85A.

Hair pulling........

Monic1511

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I can see the tribunal chair putting you in the support group as long as your wro prepares a submission saying which of the criteria you meet.  Chairpersons get really annoyed with the DWP when they screw up and this is a major screw up, it also explains why they sent you another ESA50 though they could have told you the truth about whey they were sending it - ie we can't find your first one >crying<

I agree it looks like the have lost your original ESA50 and based their decision on a historic medical.  Not ileagal but as you say doesn't take into account any detioration - another reason why they should have given more weight to the support group appeal letter.
I would definetly raise this with your MP and ask why you have been put through so much stress considering that this is really a DWP error.   

Monic

One Girl and her Big Dog

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Now get this I have just looked through all the paperwork and they have attached my ESA50, which they say they cannot locate.....OMG these people are so stupid.......but it states in black and white that they have based this response on the descriptiors dealt with at the medical assessemtn as found on ESA85A.

you couldn't make it up, could you?  >yikes< Please, please go and tell Dave again. 

I can see the tribunal chair putting you in the support group as long as your wro prepares a submission saying which of the criteria you meet.  Chairpersons get really annoyed with the DWP when they screw up and this is a major screw up

eventually, you will be awarded what you  are entitled to, you'll look back and laugh at this one day  >lol< hopefully 
1G

bubble

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If they are using evidence from 2006 medical, I think this is illegal. We have to submit evidence of what we are like now, not any other date, so how can they decide just on information from 7 yrs ago.

As you said one rule for them.

carruthers

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If they are using evidence from 2006 medical, I think this is illegal. We have to submit evidence of what we are like now, not any other date, so how can they decide just on information from 7 yrs ago.

If they can use evidence from an IB medical in 2006 to decide an ESA claim in 2013, then why are they bothering everyone with all these extra medicals?

All they need to do is to lose a lot more forms, not bother Atos and that would save the tax payer a load of money.

Perhaps we should suggest that to Esther McVey  >devil<
« Last Edit: 28 Apr 2013 03:58PM by carruthers »

ATurtle

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[Second go]

If the latest form filled in by a claimant shows the "estimated depreciation" of the claimant, then as long as the previous information would put you in the support group, they don't call you in.  If the changes in the descriptors or the answers on the form make them think that you are better, they call you in.

If the HCP thinks you are worse than the last time, he will mess up your report, send it in to the DM and you're stuffed! Well, he did in my case!

But basically the first paragraph is the way they seem to work.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel