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Employment Support Allowance

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9 years 8 months ago - 9 years 8 months ago #123416 by jojo
Employment Support Allowance was created by jojo
Hello all. I am a new member and this is my first post.
I have had to submit an application form for ESA. I have used the guides on this site, which have been very helpful. My problem is Social Services not completing my reviewed care plan on time to send to ATOS. I am very worried about this as JobCentrePlus have told me my benefits will be affected if all relevant documents are not received by their specified date. It seems through no fault of my own I will have my benefits cut, which is deeply worrying as I rely on carers helping me twice a day seven days a week. Can they do this? All I have been told by the Social Worker manager is the social worker has a big workload!
My mother has recently passed away, with ATOS not showing an ounce of compassion. I HAD to speak to them on the telephone the day after the funeral.
As you can tell I am feeling anxious and frightened. Hopefully someone maybe able to offer me a bit of reassurance???
Jojo
Last edit: 9 years 8 months ago by .

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9 years 8 months ago - 9 years 8 months ago #123419 by
Replied by on topic Employment Support Allowance
Hi,

Welcome to Benefits and Work :)

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

If the " relevant documents " in question is the ESA50 Questionnaire, as can be seen from the link on this FAQ : Using The PDF Version Of The ESA50 Questionnaire

Then "Yes", you should return it to ATOS by the deadline date given, otherwise you risk your file being returned to the DWP and a fit for work decision being made on a technicality for non return of the questionnaire.

The DWP are supposed to make allowances for claimants with Mental Health issues, but this cannot be relied upon.

If it is the ESA50, my best advice would be to fill it in as best you can, and provide as much supporting evidence that you have access to, and ensure it is returned to ATOS by the deadline.

See :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

I would include a covering letter informing ATOS that you are awaiting further evidence, and will send copy of the evidence as soon as you have it.

As ATOS have huge backlogs with ESA assessments and reassessments, it may be some time before they get round to looking at your ESA50 anyway.

It should then be decided whether or not a face to face is needed.

Once you have the fresh evidence, send a copy to the same ATOS address with a covering letter, you should also send copy to the address of the benefits office on your most recent ESA letter, FAO The ESA Decision Maker.

If in the mean time you receive an appointment for a face to face with ATOS, and you have the fresh evidence, I would also take a copy of it to the assessment and hand it to the ATOS assessor before the assessment begins.

If I have misunderstood you at all or you have further queries, please reply to this topic.

bro58
Last edit: 9 years 8 months ago by .

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9 years 8 months ago #123704 by jojo
Replied by jojo on topic Employment Support Allowance
thank you so much for your reply. You have understood just fine. My form was completed using advice on this website, and was received within the deadline set.
I have a further problem now with regard to the Social Services issuing a copy of my recent care review document to Atos. The care review has not been agreed or signed by me and I have been put in a position where I have had to issue a formal complaint to social services. Some of my statements are inaccurate and some just plain untrue. Goodness knows what Atos will make of it and I dread their letter arriving; I am living on edge every time I receive post. How can something go so very wrong for me, especially as I am still mourning the loss of my mother. It is not the first time I have had problems with DWP, or social services.
Just being able to write this gives me some solace so want to say how grateful I am to you for your reply and this forum. It helps knowing someone is out there and makes me feel not quite so alone.

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9 years 8 months ago #123707 by Gordon
Replied by Gordon on topic Employment Support Allowance
Jojo

Unfortunately claimants cannot pick and choose the sections of a report or letter that they like, so if you do not think this care report is reflective of your problems and needs, then you need to decide whether you should submit it or not .

We are still regularly hearing of claimants waiting 12 months from submitting their ESA50 to ATOS deciding whether an assessment is required, the waiting is coming down but it could easily be many months before you hear anything further on your claim, so there may well be time for you to sort the report out before sending it in.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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