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IB since 1998, now 0 points for ESA

Gordon
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8 years 11 months ago #135519 by Gordon

Replied by Gordon on topic IB since 1998, now 0 points for ESA

Millhouse wrote: Thanks to all the help on this site I was able to put together a very good (well I thought it was) document for my MR request. I challenged that I should be put into the SG as I felt I qualified in 2 of the descriptors and also qualified for points in 2 other descriptors.

I've just received a letter from the DM and they are not revising the decision. I just really don't get it. They still give me zero points - it just doesn't make sense.

In the letter it says "All these activities (the ones I raised - mobilising, bladder, sitting/standing, completing tasks) were considered by the Healthcare Professional and have been fully addressed by the original Decision Maker.....

...Any other issues that you may have raised in your request for a Mandatory Reconsideration would have no effect on the decision under reconsideration and therefore have not been addressed. "

I don't know if this is standard response or specific to me but I read this as Reconsideration only took into account the HP's report and didn't look at the issues that I raised - that the HP excluded much vital information.

My only option now is to go to appeal. I am just exhausted and disillusioned with the whole system.

The DWP have not provided me with a copy of my face to face assessment despite my written request. I am also wondering if they have something else that they are looking at because their decision makes no sense. I have not seen the GP or neurologist for at least 3 years because there is nothing they an do.

Would the DWP have got a report from them? Do they do that as standard practice?

Do I need to get a report from the neurologist?

Thanks

If your written requests have not resulted in your being sent the assessment report then all you can do is to issue a Subject Access Request for the information, unfortunately this will only add further delay to your receiving it, but should result in it being sent.

The request can be broadened to any information used in the making of the Decision, so would pick up any report requested by the DWP from your GP or Neurologist, although statistically it is unlikely that they were contacted.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You will receive a copy of all the documents as part of the DWP's bundle of evidence for any appeal and you don't need the assessment report in order to lodge an appeal, see the ESA MR & Appeal guide.

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

Gordon

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JenJJ
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8 years 11 months ago #135542 by JenJJ

Replied by JenJJ on topic IB since 1998, now 0 points for ESA

Thanks Gordon for the reply. I didn't think they would have got any medical reports so you saying that's usual makes sense.

The DWP letter stated "you have not provided any further evidence that would enable me to change the original decision"

Well I thought I did, I wrote 6 pages covering plenty of very detailed and specific points. Will this be enough for an appeal hearing or do I need to get a medical report from a neurologist?

If I do this, how do I go about it? Could it backfire on me? I don't actually know the neurologist having only seen him a handful of times over the last 17 years and without him actually knowing how my condition affects my daily living, he may end up writing something which is not helpful.

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Gordon
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8 years 11 months ago #135547 by Gordon

Replied by Gordon on topic IB since 1998, now 0 points for ESA

Millhouse

You might want to hold off with any appeal submission until you have sight of the assessment report as you will likely want to include some comments on its contents.

There is no harm in your asking your Neurologist if they will provide a report for you, if they do then have a good read of it before deciding to submit it as evidence.

Gordon

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

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JenJJ
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8 years 11 months ago #135582 by JenJJ

Replied by JenJJ on topic IB since 1998, now 0 points for ESA

Thanks. I've made a call to request again the assessment report .They said they will phone me back in 3 hours. If that doesn't work, I will put in that formal request for information. I've been to the CAB today. The adviser was not familiar with ESA but they have given me an appointment with a solicitor next Wednesday.

Since 1998 I have been getting Incapacity Benefit. I had been in continuous full employment prior to that.

Now they have stopped my IB, I am no longer getting National Insurance credits.

DWP told me I should claim JSA now. I don't qualify for income based but the contribution based on the Gov website says that you need to have worked for 26 weeks in the last 2 years and have NI contributions/credits.

So does that rule me out because I have been on IB ?

What do I do about National insurance?

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Gordon
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8 years 11 months ago #135595 by Gordon

Replied by Gordon on topic IB since 1998, now 0 points for ESA

Millhouse

I'm afraid if you were on IB prior to ESA then you will not qualify for any Contribution Based benefit such as JSA(CB) as you will not have any NI Contributions in the required years.

Your National Insurance will only be an issue if you are unable to overturn the current Fit for Work Decision (FfW), if you do then the revised award will apply from the date that you were found FfW and you will continue to receive NI Credits which count towards a Full State Pension.

Gordon

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

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JenJJ
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8 years 9 months ago - 8 years 9 months ago #137862 by JenJJ

Replied by JenJJ on topic IB since 1998, now 0 points for ESA

Two weeks after submitting my appeal, an unexpected brown envelope arrived on Saturday.

They have reconsidered my case and have put me into the Support Group for 1 year. I'm relieved but disappointed it is only for a year. The stress of the last few months has taken its toll and the thought of going through all this again so soon......

Is there anything I can do about the 1 year date? I am assuming I can't appeal now because they have changed their decision .

I had to pay £280 for a consultant's appointment because the NHS couldn't see me and £300 for a solicitor to put together the appeal papers but it was worth it to get some relief from this nightmare.

Thanks to all on the site.

Next thing is for me to put in a formal complaint about the doctor at Atos, I am not expecting anything to come from it but it is wrong, so wrong that any doctor should behave in the way he did.

Last edit: 8 years 9 months ago by bro58.

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IB since 1998, now 0 points for ESA

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