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Please help! Appeal denied!
- Melanie
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11 years 8 months ago - 11 years 8 months ago #111304 by Melanie
Please help! Appeal denied! was created by Melanie
I don't know what to do. I'm panicking. I haven't had ESA since May 30th 2013, I have been waiting and borrowing off friends and family to live and I'm running out of options FAST. I'm afraid I'm going to be homeless.
They stopped my ESA because I didn't attend a medical.
Here's the story. I have severe OCD and limited walking capability due to back problems from an accident when I was a child and due to obesity. I have a carer and my Housing Benefit is fully paid for for a second room for my carer, although this is very recent as I only just moved house in early April. Before I moved, I rescheduled my appointment for my medical and the interviewer didn't turn up. I wasn't notified until I got there which was the most unbearable and painful task imaginable. I was about to move house in a couple of days so I brought it forward. I gave them my new address, rang Atos when I got home and gave them my new address. I rang the ESA with my new address but for some reason they didn't change it, and I heard nothing from Atos.
I moved house which with my illnesses you can imagine, it was STRESSFUL and made me even more ill as I have an anxiety based disorder. I rang them to see when my new medical was and they said I had failed to attend the one they had set up. They had sent all the paperwork to my old address despite me telling them of my new one. That's why I didn't attend the medical, because I simply didn't know there was one. I had my ESA stopped and I've had no money since May. I get middle rate DLA for my OCD and lower rate mobility. I get full HB for my carer (I moved to make room for my carer). I've borrowed thousands from friends and family, am in debt because of all of this ...it's awful. I appealed months ago, and they've only just today gotten back to me saying that they're not going to change the status of my stoppage of benefit. I'm relying on getting that back pay as I have so many debts to people to pay off. I don't know what to do. I have full support from my GPs and sick notes whenever I need.
Can anyone give me any advice on what I do next?????
They stopped my ESA because I didn't attend a medical.
Here's the story. I have severe OCD and limited walking capability due to back problems from an accident when I was a child and due to obesity. I have a carer and my Housing Benefit is fully paid for for a second room for my carer, although this is very recent as I only just moved house in early April. Before I moved, I rescheduled my appointment for my medical and the interviewer didn't turn up. I wasn't notified until I got there which was the most unbearable and painful task imaginable. I was about to move house in a couple of days so I brought it forward. I gave them my new address, rang Atos when I got home and gave them my new address. I rang the ESA with my new address but for some reason they didn't change it, and I heard nothing from Atos.
I moved house which with my illnesses you can imagine, it was STRESSFUL and made me even more ill as I have an anxiety based disorder. I rang them to see when my new medical was and they said I had failed to attend the one they had set up. They had sent all the paperwork to my old address despite me telling them of my new one. That's why I didn't attend the medical, because I simply didn't know there was one. I had my ESA stopped and I've had no money since May. I get middle rate DLA for my OCD and lower rate mobility. I get full HB for my carer (I moved to make room for my carer). I've borrowed thousands from friends and family, am in debt because of all of this ...it's awful. I appealed months ago, and they've only just today gotten back to me saying that they're not going to change the status of my stoppage of benefit. I'm relying on getting that back pay as I have so many debts to people to pay off. I don't know what to do. I have full support from my GPs and sick notes whenever I need.
Can anyone give me any advice on what I do next?????
Last edit: 11 years 8 months ago by Gordon.
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11 years 8 months ago #111312 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Please help! Appeal denied!
Melanie
Try and get face to face advice, as an advisor may be able to expedite what is happening.
Where to get advice?
You say you informed the DWP and ATOS, did you do this in writing?
Did you arrange for your mail to be forwarded from your old address to the new one?
You say you have appealed the Decision to stop your ESA due to your not attending an assessment, did you do this in writing and was this by letter or GL24 Appeal form?
You have been told that they are not changing the Decision, was this the DWP or the Tribunal Service?
Whatever happens with your appeal, you should make a new claim for ESA, the DWP may tell you that you are not entitled to, they are wrong, so if this happens ask to speak to a Manager, this normally requires a call back. I think you can backdate this by up to three months, but see below before deciding to this.
You will not be paid on this new claim until you attend an assessment or six months have elapsed, so you need to try and push this through as quickly as possible.
As it is a new claim you may need to complete a new ESA1, you will certainly have to complete a new ESA50, you should be able to copy what you wrote on the last one, assuming nothing has changed. You will need a Fit Note to cover this new claim
You may be able to apply for hardship payments, contact the DWP for information.
Gordon
Try and get face to face advice, as an advisor may be able to expedite what is happening.
Where to get advice?
You say you informed the DWP and ATOS, did you do this in writing?
Did you arrange for your mail to be forwarded from your old address to the new one?
You say you have appealed the Decision to stop your ESA due to your not attending an assessment, did you do this in writing and was this by letter or GL24 Appeal form?
You have been told that they are not changing the Decision, was this the DWP or the Tribunal Service?
Whatever happens with your appeal, you should make a new claim for ESA, the DWP may tell you that you are not entitled to, they are wrong, so if this happens ask to speak to a Manager, this normally requires a call back. I think you can backdate this by up to three months, but see below before deciding to this.
You will not be paid on this new claim until you attend an assessment or six months have elapsed, so you need to try and push this through as quickly as possible.
As it is a new claim you may need to complete a new ESA1, you will certainly have to complete a new ESA50, you should be able to copy what you wrote on the last one, assuming nothing has changed. You will need a Fit Note to cover this new claim
You may be able to apply for hardship payments, contact the DWP for information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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