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I'm at the end & don't know where to turn
- FunkyDudley
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9 years 11 months ago #135837 by FunkyDudley
I'm at the end & don't know where to turn was created by FunkyDudley
For 21 years I had not one issue with IB then 2012 came and the nightmare started & that nightmare has now bought me to breaking point. Is there anyone in Dudley who could assist me?
I was assessed into the WRAG group on a 2 year review with note stating "the the available evidence suggests improvement is unlikely in the longer term" then I was not informed of the 365 day ruling, I had to find that out myself. I asked for Mantatory Reconsideration so The DWP wrote to Tribunal saying I had complained to late so can they chuck it out but Judge said no it could go ahead (I had never asked for Tribunal), I wrote back out of curtesy and was then given a Tribunal for 22nd May 2015 then 3 days after letter re Tribunal I get another letter stating "they had been infd Appeals Officer had revisited my papers and had revised the decision which would be more favourable to me" I the waited patiently for letter from DWP with new decision when this didn't arrive after 2 weeks, I rang Tribunal but they are not given the new decision so once again I wrote to Wolverhampton BC (twice) and still have no reply. In meantime I have received another ESA50 & another standard letter now saying I can't be paid because I haven't paid enough NI.
In respect of correspondence I start by saying In reply to your letter dated ???? . I found out though Tribunal papers that DWP had sent for me to attend a meeting with account details, they don't have anything to say they sent this apparently!! I have nothing re this but I have copies of everything I have received or sent so that's a lie & because I haven't replied to this none existent request they have said I'm now fit for work - I can no longer cope with any of this. I want to complain to DWP but it seems I write to the idiots/liers who have put me in this situation, is that right and if so who do I address it to please?
Who do I ask and am I entitled to ask for a copy of the Appeals Officers new decision? I've always helped others with issues but I can't do the same for me.
My disability has deteriorated, my mental health is thread bare and I really can't go on. None of this is my fault, it never was.
I was assessed into the WRAG group on a 2 year review with note stating "the the available evidence suggests improvement is unlikely in the longer term" then I was not informed of the 365 day ruling, I had to find that out myself. I asked for Mantatory Reconsideration so The DWP wrote to Tribunal saying I had complained to late so can they chuck it out but Judge said no it could go ahead (I had never asked for Tribunal), I wrote back out of curtesy and was then given a Tribunal for 22nd May 2015 then 3 days after letter re Tribunal I get another letter stating "they had been infd Appeals Officer had revisited my papers and had revised the decision which would be more favourable to me" I the waited patiently for letter from DWP with new decision when this didn't arrive after 2 weeks, I rang Tribunal but they are not given the new decision so once again I wrote to Wolverhampton BC (twice) and still have no reply. In meantime I have received another ESA50 & another standard letter now saying I can't be paid because I haven't paid enough NI.
In respect of correspondence I start by saying In reply to your letter dated ???? . I found out though Tribunal papers that DWP had sent for me to attend a meeting with account details, they don't have anything to say they sent this apparently!! I have nothing re this but I have copies of everything I have received or sent so that's a lie & because I haven't replied to this none existent request they have said I'm now fit for work - I can no longer cope with any of this. I want to complain to DWP but it seems I write to the idiots/liers who have put me in this situation, is that right and if so who do I address it to please?
Who do I ask and am I entitled to ask for a copy of the Appeals Officers new decision? I've always helped others with issues but I can't do the same for me.
My disability has deteriorated, my mental health is thread bare and I really can't go on. None of this is my fault, it never was.
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- Gordon
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9 years 11 months ago #135856 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic I'm at the end & don't know where to turn
Funky
Picking the salient points out from your post.
You were on IB and transferred to ESA in the WRAG, you have been in the WRAG for a year so your payments have now been stopped due to the 365 day rule.
You made a late appeal which was accepted by the Tribunal Service, no hearing has taken place yet.
You were contacted by the DWP and told that they had made a more advantageous Decision, this could only be a Support Group award, but have received no paperwork to confirm this and your appeal has not been lapsed (closed) because of it.
You have received a new ESA50 to complete and return.
The ESA50 and the other matters are separate, you can still be assessed even though your payments have stopped, you need to complete the form in detail and return it be the required date. If placed in the Support Group by any new Decision then your ESA(CB) payments will be re-instated from the date of the Decision.
Do you have a date for your appeal yet?
Have you made a submission to the Tribunal Service explaining why believe that you met the criteria for the Support Group when you were transferred from IB to ESA?
You say that you are now classed as Fit for Work do you have a letter that actually says this? I don't understand why this would be in the appeal papers, an appeal can only take notice of information that applied at the time of the Decision being appealed, from your post this "meeting" post dates that!
Gordon
Picking the salient points out from your post.
You were on IB and transferred to ESA in the WRAG, you have been in the WRAG for a year so your payments have now been stopped due to the 365 day rule.
You made a late appeal which was accepted by the Tribunal Service, no hearing has taken place yet.
You were contacted by the DWP and told that they had made a more advantageous Decision, this could only be a Support Group award, but have received no paperwork to confirm this and your appeal has not been lapsed (closed) because of it.
You have received a new ESA50 to complete and return.
The ESA50 and the other matters are separate, you can still be assessed even though your payments have stopped, you need to complete the form in detail and return it be the required date. If placed in the Support Group by any new Decision then your ESA(CB) payments will be re-instated from the date of the Decision.
Do you have a date for your appeal yet?
Have you made a submission to the Tribunal Service explaining why believe that you met the criteria for the Support Group when you were transferred from IB to ESA?
You say that you are now classed as Fit for Work do you have a letter that actually says this? I don't understand why this would be in the appeal papers, an appeal can only take notice of information that applied at the time of the Decision being appealed, from your post this "meeting" post dates that!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- FunkyDudley
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9 years 11 months ago - 9 years 11 months ago #136046 by FunkyDudley
Replied by FunkyDudley on topic I'm at the end & don't know where to turn
Thank you Gordon for your reply, so sorry I made your job harder by not itemising but what I have written has even confused you.
Sept 2012 assessed into WRAG for 2yrs after 21 yrs on IB. Was not infd of 365 day ruling (that came out after my award). Asked for MR. DWP sent papers to tribunal who said speak can go thru. Tribunal date 22nd may further letter from Tribunal stating appeals officer revised decision. So tribunal now closed, if I ain't happy I must start a fresh appeal & considering I never asked for one in the first place, I'm not doing that. To date I have received ESA50 from Five Ways (maximus office) & letter from Wolverhampton job centre office saying can't pay you ESA from Sept 2013 as not paid enough NI.
Papers re fit for work came cos I didn't attend meeting re income etc. can't attend if I don't know!! These papers were sent in the appeal bundle from Tribunal people. DWP have my phone no & I have every correspondence from way back I have received or sent.
I need to complain but who to? I have yesterday posted for 3rd time a request for information re revised decision and request for copy of decision report.
I can send you copies of whatever you may want/need. Is there any point in complaining to MP?
I have completed & returned ESA book on 29th May 2015.
Where do I go from here please?
Sept 2012 assessed into WRAG for 2yrs after 21 yrs on IB. Was not infd of 365 day ruling (that came out after my award). Asked for MR. DWP sent papers to tribunal who said speak can go thru. Tribunal date 22nd may further letter from Tribunal stating appeals officer revised decision. So tribunal now closed, if I ain't happy I must start a fresh appeal & considering I never asked for one in the first place, I'm not doing that. To date I have received ESA50 from Five Ways (maximus office) & letter from Wolverhampton job centre office saying can't pay you ESA from Sept 2013 as not paid enough NI.
Papers re fit for work came cos I didn't attend meeting re income etc. can't attend if I don't know!! These papers were sent in the appeal bundle from Tribunal people. DWP have my phone no & I have every correspondence from way back I have received or sent.
I need to complain but who to? I have yesterday posted for 3rd time a request for information re revised decision and request for copy of decision report.
I can send you copies of whatever you may want/need. Is there any point in complaining to MP?
I have completed & returned ESA book on 29th May 2015.
Where do I go from here please?
Last edit: 9 years 11 months ago by .
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- Gordon
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9 years 11 months ago #136067 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic I'm at the end & don't know where to turn
Funky
As you have had no success with the DWP, I would turn it around and go back to the Tribunal Service, say you have tried to contact the DWP about the revised Decision and have been unable to confirm that this has happened, you have received no notice of the Decision and your payments have not been re-instated as you would have expected, you do not believe that the DWP have in actual fact revised the Decision and therefore you want to re-instate the original appeal.
Complaining to ATOS Healthcare
I wouldn't worry about the missed appointment at the moment, if you have in fat been placed in the SG by the DWP then the appointment is no longer required.
Gordon
As you have had no success with the DWP, I would turn it around and go back to the Tribunal Service, say you have tried to contact the DWP about the revised Decision and have been unable to confirm that this has happened, you have received no notice of the Decision and your payments have not been re-instated as you would have expected, you do not believe that the DWP have in actual fact revised the Decision and therefore you want to re-instate the original appeal.
Complaining to ATOS Healthcare
I wouldn't worry about the missed appointment at the moment, if you have in fat been placed in the SG by the DWP then the appointment is no longer required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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