Problems with ESA after winning Appeal

Thanks everyone.
They have received and accepted the appeal.
I am facing 6 months with no income. If I don't get any benefits the free school meals will stop too as they are dependant on receiving benefits. I suffering extreme hardship I though the government were supposed to be avoiding child poverty not causing it!


I was told that because it is a second appeal the do not need to pay even the assessment rate until the appeal is heard.
Initially I was told they needed to recieve the appeal to release payment.
Once they received that they said they needed to recieve a sick note to release payment.
Yesterday they told me they would not pay anything regardless of sick note until the appeal is heard which I imagine is, if anything like last time approx 6 months.
I asked them to put this in writing about not paying until the appeal is heard which is when I was shouted at over the phone.

Hi Victim of ESA

I think you should make a complaint about being shouted at over the phone for asking for confirmation in writing; what they say over the phone as little value if it is not put in writing.

I also think that you need to get face-to-face advice from the CAB or other advice agency. I have never heard of different rules for a 'second appeal' as opposed to a first appeal. An appeal is an appeal, and should be treated as an appeal.

Another member has reported that when you appeal to the Upper Tribunal the DWP refuse to continue payments, which does not apply to your case, but perhaps there has been some confusion in this respect. A welfare rights advisor should be able to help you with this.

Good luck

Derek

Thanks Derek,

I was told 3 different things in the space of a couple of days. First that payments would continue at the current WRAG rate until the appeal was heard.

No payment - so I contacted them and was told I needed a sick note as well.
No payment - so I contacted them and was told they didn't need to pay as it was a second appeal.

I suspect they don't really know what the rules are and that in itself causes additional stress for claimants becuase you can't get an answer.

I have complained and asked for subject access under data protection including all audio records as well as electronic and clerical so that will all go to the tribunal as well as they have made me more ill.

Do they make a specific medication to combat the effects of ESA claims process I wonder? Perhaps they should it would be a combination of antianxiety antidepressive, tranquilizers, antihypertensives and probably a number of others. Fortunately I already take them all and can just increase doses!

Im just wondering..
Could it be possible that the DWP are mixing up this second appeal with an Upper Tribuneral appeal in which I believe you don't get paid?

This is ridiculous. They just don't seem to know what they are doing, certainly if they are telling you 3 different things.

What the DWP are telling you is patently wrong. The appeals with which you have been involved are first-tier tribunal appeals, and nothing to do with UT appeals.

If the DWP start to quote legislation you can ask them to either send you a copy of the relevant legislation, or give you reference details so you can look it up yourself. However, as previously mentioned what they have said is incorrect, and you are entitled to claim ESA at the assessment rate until your appeal is heard. This would apply no matter how many times you appeal. The only obligation on your part is to provide sick notes from your GP.

A complaint should be lodged preferably in writing with the Customer Services Manager at the JCP/BD office which handles your ESA claim, as the office concerned are guilty of misdirection which is the supply of wrong information to a claimant. If this does not immediately reinstate your payments, you should enlist the help of your constituency MP to take up your complaint, and consider seeking financial redress for maladministation for so long as you are deprived of your payments and also for misdirection.

Hopefully this course of action will resolve your complaint, but if it fails, ultimately you can ask the Independent Case Examiner(ICE) to intervene on your behalf.

Thank you everyone for your support and advice. I have had a very bad few days but now my ESA will be reiinstated and all I need are sick notes until the appeal. They called me to tell me, but not before I was forced to apply for JSA and an appointment made with lightening rapidity. The staff at the jobcentre were good and helped me by offering the use of the lift and gave me breaks in the interview to help me cope. They appeared to be better at identifying health problems than ATOS! How ironic in future I suggest, they don't give ATOS medicals (an unfortunate pun in there somewhere I think, never a truer word said in jest??)
I did ask them to put it in writing that I was not entitled to ESA because it was second appeal and to supply details of the clause in the legislation but never received this, it was actually at that point that I was shouted at. I did send a letter of complaint about misinformation and being shouted at and also asked for audio copies of the phone calls (they always say they are recorded) I stated clearly that it had made me more ill. In fact I have a dreadful few days of alternating stress, anxiety, despair and complete exhaustion and am only just feeling well enough to go online.
I intend to follow up on the way I have been treated as soon as I am well enough and will also provide information on the way I have been dealt with to the tribunal. I feel it was an attempt to bully a person they thought would not argue however I am not stupid and do not feel I have to accept abuse....I am simply not well.
I hope if anyone else ends up in the same situation they will read this and believe they do have rights.

Thanks again