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ESA nightmare my appeal never ends
- JG
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10 years 9 months ago #123690 by JG
Replied by JG on topic ESA nightmare my appeal never ends
1-8-2014
Dear Gordon
Thank you for your advice. I’m sorry there has been such confusion with dates, believe me I have been completely screwed up by all this how-ever I have discovered where all this confusion or should I say error was made.
I have difficulty absorbing information and receiving paperwork can be horrifying for me. How-ever since corresponding with you, my friend and I have been trying to decipher all the information I have got to date.
Yet again I’m sorry it’s a long tale and I’ve probably reiterated more than I need to; but I think it will become clearer.
I became unfit for work in July 2011. 12 months later I received a letter stating my contribution-based ESA was due to an end on 27-July 2012.
1. On 15 -3- 2012: I had my 1st medical: The ATOS nurse was very sympathetic and told me to appeal if I get turned down. I heard nothing from this medical: This is probably irrelevant but thought I would write it down.
2. Then on 19- 7- 2012: I had my 2nd medical: This put me in the WRAG.
( I was very surprised at having a 2nd medical, I could not understand why I had been made me have another one so soon, it had only been 4 months since my first medical) is this the norm?
3. On the 20-8-2012: I appealed against this decision CAB helped me fill in the form and also advised me to write that I had never filled in an ESA50.
4. On the 15-12-2012: I returned ESA50 that had been sent for me to fill in. This was 5 months after my 2nd medical. ( Is this the norm, should I have been asked to filled it in especially as it was only 5 months since the medical that I was appealing against). So that was 2 face to face medicals and 1 filled in ESA50 all within 9 months. ?
(This is where the error and confusion started).
5. I receive the State of Response and a copy all of the evidence that the DWP had forwarded on to my tribunal.
6.My tribunal date was 7th November 2013. I had asked for an aural hearing but I was unable to attend due to severe panic attacks. I couldn’t leave the house and I just had to hope for the best outcome.
7.After this I received a letter from The First Tier Tribunal. ( I didn’t understand this at all and I phoned the tribunal and asked what it was they wanted me to do. I was told that I did not have to do anything it was for the DWP to forward the paperwork to them. I did not understand what that letter meant at all , that was until today.
The letter Stated:- The appeal has been adjourned and the Tribunal to seek records from my GP for the period 1st January 2011 to date. The Respondent to supply the correct notice of appeal, the one provided in the bundle pre dates the decision to refuse. The Respondent to also provide the last ESA 85 in respect of this appellant. (in the avoidance of doubt this is the medical assessment and not the more recent ESA 85a) In the event of none compliance with these directions the file is to be deferred to the District Judge. The appeal was adjourned today because the appellant did not attend and it was not appropriate to deal with this case in her absence.
This is where the error was made. I thought the tribunal had been adjourned because I hadn’t turned up and they just wanted more medical information. I was apparently very wrong; the DWP had sent the wrong medical reports.
Does this make more sense to you this is why the dates were all messed up.?
8. I then received another date for my Tribunal hearing 06-03-2014:
9. How-ever on the 25-02-2014: I received the letter from the Tribunal Service stating :- I have been advised that the Appeals Officer has revised the decision on my case and that the decision is a more favourable one. Could this just have been revised so it did not go to court to save face.
I phoned the Tribunal asking them if this meant I was in the Support group and they told me to ring the DWP, I did and they said that there was nothing on their computers but it could take several weeks for it to come through.
10. I received a letter on 11th March 2014 stating that £739.29 had been paid into my account for the period 20 July 2012 to 26 March 2013.
I did not take much notice of the dates I just noted that they had put back pay into my bank and I presumed this was their confirmation and I was in the support group. And further more I had no feedback on which medical report I had been reconsidered on if any?.
As I stated before I spoke to the DWP on Monday 14-07-2014 who after looking through my files said I had only been put in the support group for 12 months and also stated I had 2 appeals going on, which I assured her that I had only the one. She told me to write in to ask for this to be looked into. I asked her to send me confirmation of what she had told me in writing, which she said she would, but guess what surprisingly she only sent an addressed envelope.
I have to put this appeal / reconsideration or whatever it is; together to send off to the DWP more advise would be welcome, this was not my fault, except for not being able to understand the system and my mental ability and fibro fog.
Where I live there is only one CAB Adviser once a week for 2 hours, its first come first served and with the amount of confusion this has caused, she would not have been able to deal with my case.
The next issue is my contribution based ESA. I will have to contact you again with this. I am unable to deal with any more paperwork and dates at the moment. My head is consumed with all this.
Thank you again
JG
Dear Gordon
Thank you for your advice. I’m sorry there has been such confusion with dates, believe me I have been completely screwed up by all this how-ever I have discovered where all this confusion or should I say error was made.
I have difficulty absorbing information and receiving paperwork can be horrifying for me. How-ever since corresponding with you, my friend and I have been trying to decipher all the information I have got to date.
Yet again I’m sorry it’s a long tale and I’ve probably reiterated more than I need to; but I think it will become clearer.
I became unfit for work in July 2011. 12 months later I received a letter stating my contribution-based ESA was due to an end on 27-July 2012.
1. On 15 -3- 2012: I had my 1st medical: The ATOS nurse was very sympathetic and told me to appeal if I get turned down. I heard nothing from this medical: This is probably irrelevant but thought I would write it down.
2. Then on 19- 7- 2012: I had my 2nd medical: This put me in the WRAG.
( I was very surprised at having a 2nd medical, I could not understand why I had been made me have another one so soon, it had only been 4 months since my first medical) is this the norm?
3. On the 20-8-2012: I appealed against this decision CAB helped me fill in the form and also advised me to write that I had never filled in an ESA50.
4. On the 15-12-2012: I returned ESA50 that had been sent for me to fill in. This was 5 months after my 2nd medical. ( Is this the norm, should I have been asked to filled it in especially as it was only 5 months since the medical that I was appealing against). So that was 2 face to face medicals and 1 filled in ESA50 all within 9 months. ?
(This is where the error and confusion started).
5. I receive the State of Response and a copy all of the evidence that the DWP had forwarded on to my tribunal.
6.My tribunal date was 7th November 2013. I had asked for an aural hearing but I was unable to attend due to severe panic attacks. I couldn’t leave the house and I just had to hope for the best outcome.
7.After this I received a letter from The First Tier Tribunal. ( I didn’t understand this at all and I phoned the tribunal and asked what it was they wanted me to do. I was told that I did not have to do anything it was for the DWP to forward the paperwork to them. I did not understand what that letter meant at all , that was until today.
The letter Stated:- The appeal has been adjourned and the Tribunal to seek records from my GP for the period 1st January 2011 to date. The Respondent to supply the correct notice of appeal, the one provided in the bundle pre dates the decision to refuse. The Respondent to also provide the last ESA 85 in respect of this appellant. (in the avoidance of doubt this is the medical assessment and not the more recent ESA 85a) In the event of none compliance with these directions the file is to be deferred to the District Judge. The appeal was adjourned today because the appellant did not attend and it was not appropriate to deal with this case in her absence.
This is where the error was made. I thought the tribunal had been adjourned because I hadn’t turned up and they just wanted more medical information. I was apparently very wrong; the DWP had sent the wrong medical reports.
Does this make more sense to you this is why the dates were all messed up.?
8. I then received another date for my Tribunal hearing 06-03-2014:
9. How-ever on the 25-02-2014: I received the letter from the Tribunal Service stating :- I have been advised that the Appeals Officer has revised the decision on my case and that the decision is a more favourable one. Could this just have been revised so it did not go to court to save face.
I phoned the Tribunal asking them if this meant I was in the Support group and they told me to ring the DWP, I did and they said that there was nothing on their computers but it could take several weeks for it to come through.
10. I received a letter on 11th March 2014 stating that £739.29 had been paid into my account for the period 20 July 2012 to 26 March 2013.
I did not take much notice of the dates I just noted that they had put back pay into my bank and I presumed this was their confirmation and I was in the support group. And further more I had no feedback on which medical report I had been reconsidered on if any?.
As I stated before I spoke to the DWP on Monday 14-07-2014 who after looking through my files said I had only been put in the support group for 12 months and also stated I had 2 appeals going on, which I assured her that I had only the one. She told me to write in to ask for this to be looked into. I asked her to send me confirmation of what she had told me in writing, which she said she would, but guess what surprisingly she only sent an addressed envelope.
I have to put this appeal / reconsideration or whatever it is; together to send off to the DWP more advise would be welcome, this was not my fault, except for not being able to understand the system and my mental ability and fibro fog.
Where I live there is only one CAB Adviser once a week for 2 hours, its first come first served and with the amount of confusion this has caused, she would not have been able to deal with my case.
The next issue is my contribution based ESA. I will have to contact you again with this. I am unable to deal with any more paperwork and dates at the moment. My head is consumed with all this.
Thank you again
JG
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10 years 9 months ago #123693 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA nightmare my appeal never ends
JG
At the moment you cannot do anything until you establish the date of the last Decision made on your appeal!
The ESA50 you completed in December 2012 cannot in any way be connected to the previous Decision(s) on your claim or your appeal against the Decision of July 2012, I cannot see any reason that you would have received it other than the DWP were re-assessing again and that a new Decision on your claim would result.
Either the Decision linked to the December 2012 ESA50 resulted in your being put in the WRAG or a subsequent Decision from an assessment that you were unaware of (they can do this but shouldn't) has done so.
There is an absolute limit of 13 months for making an appeal against the Decision, so any Decision made before the end of June 2013 is now to old to be appealed, one made in July 2013 of later can in principal be appealed, however, you cannot lodge an appeal unless you can specify the Decision that you wish to appeal, which is why you need to contact the DWP to find this out.
Once you have this information I can then tell you whether you appeal it directly or whether you need to request a Mandatory Reconsideration first.
If there is anything about what I have posted that you need me to clarify please let me know and I will do my best to explain.
Gordon
At the moment you cannot do anything until you establish the date of the last Decision made on your appeal!
The ESA50 you completed in December 2012 cannot in any way be connected to the previous Decision(s) on your claim or your appeal against the Decision of July 2012, I cannot see any reason that you would have received it other than the DWP were re-assessing again and that a new Decision on your claim would result.
Either the Decision linked to the December 2012 ESA50 resulted in your being put in the WRAG or a subsequent Decision from an assessment that you were unaware of (they can do this but shouldn't) has done so.
There is an absolute limit of 13 months for making an appeal against the Decision, so any Decision made before the end of June 2013 is now to old to be appealed, one made in July 2013 of later can in principal be appealed, however, you cannot lodge an appeal unless you can specify the Decision that you wish to appeal, which is why you need to contact the DWP to find this out.
Once you have this information I can then tell you whether you appeal it directly or whether you need to request a Mandatory Reconsideration first.
If there is anything about what I have posted that you need me to clarify please let me know and I will do my best to explain.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JG
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10 years 9 months ago #123698 by JG
Replied by JG on topic ESA nightmare my appeal never ends
I will contact the DWP on Monday and if I have no joy I will write a letter also including my GPs signed supporting letters. I will ask them to send me all decisions that were made and on what assessment they were made on.
Thank you again I will let you know how I get on.
JG
Thank you again I will let you know how I get on.
JG
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10 years 9 months ago #123733 by JG
Replied by JG on topic ESA nightmare my appeal never ends
Hi Gordon
Well I phoned the DWP this morning and ask for the date of my last decision, she said I was awarded the Support group from the 20th July to 26th March, I said but that's only 8 months and she said well I now people who have Cancer patient that have only been in for 3 months more.
I asked her on what medical paper was the decision made to put me back in the WRAG group? she said it was on Scrutiny, I asked what she meant by on Scrutiny, was it was done on the ESA50 I sent in December 2012, she said no they reassessed the evidence I sent in. I told her I had not received any information telling me either that I had been put in the support group or that I was in the WRAG.
She was not the most helpful of advisers, She said to me that I had already had information sent to me. I told her that, I had requested information to be sent to me and but I had only received an addressed envelope and that was 3 weeks ago, she said that it takes time and its probably in the post, I asked if she could chase it up she said no, you'll have to wait for it.( I really do not believe that I will receive the information) she just told me to put it in writing.
I have more to write but I need to send this over to you now, hopefully so I get a reply from you to night. thanks JG
Well I phoned the DWP this morning and ask for the date of my last decision, she said I was awarded the Support group from the 20th July to 26th March, I said but that's only 8 months and she said well I now people who have Cancer patient that have only been in for 3 months more.
I asked her on what medical paper was the decision made to put me back in the WRAG group? she said it was on Scrutiny, I asked what she meant by on Scrutiny, was it was done on the ESA50 I sent in December 2012, she said no they reassessed the evidence I sent in. I told her I had not received any information telling me either that I had been put in the support group or that I was in the WRAG.
She was not the most helpful of advisers, She said to me that I had already had information sent to me. I told her that, I had requested information to be sent to me and but I had only received an addressed envelope and that was 3 weeks ago, she said that it takes time and its probably in the post, I asked if she could chase it up she said no, you'll have to wait for it.( I really do not believe that I will receive the information) she just told me to put it in writing.
I have more to write but I need to send this over to you now, hopefully so I get a reply from you to night. thanks JG
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10 years 9 months ago #123735 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA nightmare my appeal never ends
JG
So the last Decision on your claim was 26 March 2013 following the ESA50 you completed in December 2012.
This being the case then I am afraid that you are outside of the 13 months available for you to make an appeal within and cannot challenge the Decision to place you in the WRAG.
Your only remaining option is to be asked to be re-assessed due to a deteriorated condition, assuming that you can show that this is the case,whether you can show this to the satisfaction of the DWP will depend on your having medical evidence produced since December 2012 and ideally March 2013.
Unfortunately, they will be working on the basis that the information you supplied in and with your December 2012 ESA50 and the assessment that followed (on Scrutiny means that ATOS made a recommendation on the paper evidence alone), resulted in a reasonable view of your limitations at that time. So your problem is in showing that a changed has occurred from since that "view" was made.
To start the re-assessment process you should write the DWP office that normally deals with your claim and ask to be re-assessed due to a deteriorated condition.
I am afraid that this will not be a quick process and you remain in the WRAG until a new Decision is made on your claim and subject to both WFIs and Work Related Activity.
Gordon
So the last Decision on your claim was 26 March 2013 following the ESA50 you completed in December 2012.
This being the case then I am afraid that you are outside of the 13 months available for you to make an appeal within and cannot challenge the Decision to place you in the WRAG.
Your only remaining option is to be asked to be re-assessed due to a deteriorated condition, assuming that you can show that this is the case,whether you can show this to the satisfaction of the DWP will depend on your having medical evidence produced since December 2012 and ideally March 2013.
Unfortunately, they will be working on the basis that the information you supplied in and with your December 2012 ESA50 and the assessment that followed (on Scrutiny means that ATOS made a recommendation on the paper evidence alone), resulted in a reasonable view of your limitations at that time. So your problem is in showing that a changed has occurred from since that "view" was made.
To start the re-assessment process you should write the DWP office that normally deals with your claim and ask to be re-assessed due to a deteriorated condition.
I am afraid that this will not be a quick process and you remain in the WRAG until a new Decision is made on your claim and subject to both WFIs and Work Related Activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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