× Members

Baffled. IB - ESA fail. Fresh claim - fail.

More
9 years 2 months ago - 9 years 2 months ago #130658 by RedRed
Hello,
Hope someone can help. I have hypermobility and fibromyalgia and was on IB since 2000. The ESA transfer began summer 2013. The ATOS medical wasn't till summer 2014, which of course I failed. MR was in Sept, also fail. Appeal hearing was in Jan, I scored 9 points, so another fail.
I was advised I could make a fresh claim, but I never received any payment, it went to a decision maker who used the ATOS report and the tribunal so I failed again and now it's gone to MR, but I am still waiting for the phone call, it's been weeks now.
Someone at the call centre said I could write a letter. I have been working on it for weeks but I am at a loss as to how to help myself. I have seen other people here saying guides helped. I have looked at a few, but I thought maybe I should ask so I know I am looking at the right one!
I get DLA which was awarded indefinitely.
I am getting help to appeal to the upper tribunal soon.
I will be evicted from my home soon, pending court decision, but there's nowhere to move to, so I am beside myself with stress right now. My Mum passed away a couple of years ago and my family fell apart, so I have no support or help from anyone. Doing this all on my own. I am not coping and I don't know if I'm going to make it. So stressed and very low.
Thank you! Hope I said everything. Trying to keep this short.
Last edit: 9 years 2 months ago by .

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130667 by Gordon
Replied by Gordon on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You should be looking at our ESA Claim guides at the top of the following page

www.benefitsandwork.co.uk/help-for-claimants/esa1

There is one for physical problems, question 1-10 on the ESA50 and one for mental health issues, question 11-17.

You need to show that you meet the criteria for an award of ESA, so go through the Descriptors (questions) that you think you should score points for and see if you can explain your limitations better than you did on the original ESA50.

You should be able to get help with your housing situation a good place to start would be the Shelter website. See

england.shelter.org.uk/

If you have any specific questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedRed

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130674 by RedRed
Replied by RedRed on topic Baffled. IB - ESA fail. Fresh claim - fail.
Hope I clicked the right place to leave a reply. Just want to say thank you for such a quick response. I found that link earlier and was looking at the esa appeals sub pdf. Would it be appropriate to send something along those lines to the DWP, where I state the limitation and how many points I feel I should be awarded? I've got the bundle of papers to refer to.

Also, something in the first link about how chummy and friendly DWP staff are caught my eye. That's my experience too, and one said I could write and tell them of my experience at the medical and the tribunal. I'm wary of criticising in case it backfires! Can you criticise a judge for behaving like complete brat and taking advantage of the new rules to give people a jolly good kicking, because they can get away with it? The doctor was at my DLA hearing, I had met him before, he was normal last time, didn't interrupt, let me finish. This time he was literally taking the ****. He didn't remember me, but I recognised him, but I didn't say.

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130676 by Gordon
Replied by Gordon on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Yes, you should be able to produce something personal to you from looking the examples in this guide to send to the DWP.

You can make a formal complaint to the Tribunal Service about the actions of the panel on the day of the hearing, otherwise I would not mention it as it will serve no purpose. See

Complaining to the Tribunal Service

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedRed

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130682 by RedRed
Replied by RedRed on topic Baffled. IB - ESA fail. Fresh claim - fail.
Hi Gordon,
Thank you so much for your prompt replies. That clarifies a lot. I didn't know it was ok to state what applies to me and how many points I feel I should be awarded, because I thought we weren't supposed to know so much and they might challenge me for being so well informed. Fear and paranoia. :(

I was thinking about making a formal complaint about the panel. I know it may not make much difference for me, but do these complaints count? Do they go somewhere then at the end of the year, someone says X no of complaints about the appeal panels?

And sadly, I have already been on to Shelter and though they're very nice, no one has got to me with any properties to consider, not even once. I'm in London, it's being cleansed, I said I'd consider anywhere but still no call back. There is no help to move for the sick/disabled if they can't do it themselves. I am very sad to discover this.

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130684 by Gordon
Replied by Gordon on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Complaining about the panel will make no difference to your claim unless you can also show that their approach compromised the Decision that they made, however this would be a different procedure, I see from you original post that you are already making an appeal to the Upper Tier Tribunal, would this be for the same claim?

If you do then stick as much as possible to the facts of what happened and how you believed you were disadvantaged as a result.

The Shelter web site has links to other organisations that may be of help, so it may still be worth a look. I believe it also covers the responsibilities that you Local Authority has in these situations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedRed

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.