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On appeal for ESA, do Benefits get stopped?
- Gordon
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12 years 1 month ago #103055 by Gordon
I am sorry to hear that your fears have been realised.
They must ask for an appeal, as they will not be paid the Assessment rate if they only request a Reconsideration, this must be accompanied by a Fit Note covering the period from when their ESA payments stopped.
If they contact their local council, it should be possible for any Housing Benefit to continue to be paid without interruption.
There is a possibility that their DLA may be affected.
With regard an appeal, have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
12 Month Limit for ESA(CB)
If you have any specific questions, please reply to this topic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic On appeal for ESA, do Benefits get stopped?
rog747 wrote: hi there,
just to update you re my friend with long term HIV/AIDS as I described above and his recent medical review after one year on support group without medical ( from long term IB)
well my fears were right...he has scored ZERO points despite the ATOS doctor saying he had a sound knowledge of HIV/AIDS and we had plenty of sound medical reports back-up.
To now go from support group to ''fit for work'' is ludicrous to say that the least.
even the job centre benefits Adviser helping disabled claimants was shocked to see the result of zero points.
so now we have to go to appeal...this is totally humiliating and disgusting..
..this is a poorly vulnerable person and now has no money coming in and of course housing benefit will be stopped and his DLA may get affected...
what a mess to pick up
I am sorry to hear that your fears have been realised.
They must ask for an appeal, as they will not be paid the Assessment rate if they only request a Reconsideration, this must be accompanied by a Fit Note covering the period from when their ESA payments stopped.
If they contact their local council, it should be possible for any Housing Benefit to continue to be paid without interruption.
There is a possibility that their DLA may be affected.
With regard an appeal, have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
12 Month Limit for ESA(CB)
If you have any specific questions, please reply to this topic.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rog747
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12 years 1 month ago - 12 years 1 month ago #103059 by rog747
Replied by rog747 on topic On appeal for ESA, do Benefits get stopped?
thank you Gordon and MHB for the prompt responses...he is appealing and i will get him to speak to HB.
he did not record the interview despite me telling him to insist.
can we request the ATOS doctors report and his notes and how we do this please?
he got zero points because he told the truth...but of course the bigger picture with his conditions is not allowed for in this stupid and disgusting system.
i would have thought this so-called knowledgeable doctor from ATOS would have seen that he has not and will not be getting any better but only much worse.
i will tell him to contact his MP and i gather the Terrance Higgins Trust has an advocate team.
thanks, your guides will be again most helpful. i am a paid member here too so i can access it all.
he did not record the interview despite me telling him to insist.
can we request the ATOS doctors report and his notes and how we do this please?
he got zero points because he told the truth...but of course the bigger picture with his conditions is not allowed for in this stupid and disgusting system.
i would have thought this so-called knowledgeable doctor from ATOS would have seen that he has not and will not be getting any better but only much worse.
i will tell him to contact his MP and i gather the Terrance Higgins Trust has an advocate team.
thanks, your guides will be again most helpful. i am a paid member here too so i can access it all.
Last edit: 12 years 1 month ago by Gordon.
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- Gordon
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12 years 1 month ago #103062 by Gordon
There is a link in my previous post to the documents that are likely to be available, phone or write to the DWP office that dealt with his claim.
Unfortunately, ESA is all about the descriptors and not the underlying illness or disability, so he should concentrate on why he meets them, do not forget to look at the Exceptional Circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic On appeal for ESA, do Benefits get stopped?
rog747 wrote: thank you Gordon and MHB for the prompt responses...he is appealing and i will get him to speak to HB.
he did not record the interview despite me telling him to insist.
can we request the ATOS doctors report and his notes and how we do this please?
he got zero points because he told the truth...but of course the bigger picture with his conditions is not allowed for in this stupid and disgusting system.
i would have thought this so-called knowledgeable doctor from ATOS would have seen that he has not and will not be getting any better but only much worse.
i will tell him to contact his MP and i gather the Terrance Higgins Trust has an advocate team.
thanks, your guides will be again most helpful. i am a paid member here too so i can access it all.
There is a link in my previous post to the documents that are likely to be available, phone or write to the DWP office that dealt with his claim.
Unfortunately, ESA is all about the descriptors and not the underlying illness or disability, so he should concentrate on why he meets them, do not forget to look at the Exceptional Circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: naheegan, rog747
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- rog747
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12 years 1 month ago #103063 by rog747
Replied by rog747 on topic On appeal for ESA, do Benefits get stopped?
yes,, thanks
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- rog747
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11 years 8 months ago - 11 years 8 months ago #111590 by rog747
Replied by rog747 on topic On appeal for ESA, do Benefits get stopped?
just to update you all on my pal who scored nil points at an ATOS review after being on support for over a year and so then off we trot to the appeals process, got fit note, and was put back on benefits awaiting a review/tribunal.....
well luckily someone in the DWP a decision maker i guess) saw sense fairly quick with a very strongly worded letter form his HIV consultant they saw fit to put him straight back on full benefits (support group) with a proviso not to review him again...hurrah! result, no tribunal, no more reviews.
all hard work and much stress (again) but he's OK now...much thanks to your advice as always.
well luckily someone in the DWP a decision maker i guess) saw sense fairly quick with a very strongly worded letter form his HIV consultant they saw fit to put him straight back on full benefits (support group) with a proviso not to review him again...hurrah! result, no tribunal, no more reviews.
all hard work and much stress (again) but he's OK now...much thanks to your advice as always.
Last edit: 11 years 8 months ago by slugsta.
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11 years 8 months ago #111610 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic On appeal for ESA, do Benefits get stopped?
Hurrah! That is good news rog, thanks for letting us know 
Just need to pick up on what you said about reassessment - I am not aware that it is possible for the claimant to never be reassessed, although it is possible that this could be carried out entirely by the DM in the office without the claimant even being aware that it is happening. Perhaps one of the other mod's will comment on this?
Just need to pick up on what you said about reassessment - I am not aware that it is possible for the claimant to never be reassessed, although it is possible that this could be carried out entirely by the DM in the office without the claimant even being aware that it is happening. Perhaps one of the other mod's will comment on this?
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