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- jj
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8 years 2 months ago #153941 by jj
bipolar was created by jj
hi my names john i'm new to this but my question is can any body on here help me with a problem that i've had snce 2012 and is still continuing about my esa i'm not sure how many words i'm allowed to use as it's quite a long story but needs to be explained to be understood, basicaly i was assesed in 2012 lost my claim so appealed then through no fault of my own the second appeall never got transferred to anybody at the DWP and i never got an answer to the appeal either, therefore since feb 2013 i've been on the appeal rate payment up until i got married sept last year i applied for joint esa for myself and my wife at which point the mistake got found out and my claim cancelled since then i have received know payment whatsoever and every claim i have made rejected this includes every thing being backed up with doctors sick notes and medical letters i'm also on the higher rate of dla and have been disabled since 1993 i've sold litteraly everything in my house and am litteraly surviving on bread and water (well nearly) could anyone give me some help or advice i just don't seem to be able to get over this hurdle which is not even my fault i have a lady from a recource center helping me but again to no avail i've tried to get a soliciter to possibly take them to court but again nobody seems willing to help i'm litteraly at my whits end if anybody could help i would be a very happy chappy thanks for at least reading, John.
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- Gordon
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8 years 2 months ago - 8 years 2 months ago #153964 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic bipolar
JJ
I'll be honest and say that I think that there is little that you can do about the appeal given how long ago it is. To pursue it you would need face to face advice as you need an advisor who is able to communicate on your behalf with the DWP.
From what you have posted, the DWP appear to have failed to pass on your original request for appeal to the Tribunal Service after they completed their own Reconsideration. You can argue that the normal 13 months for an appeal to be requested with the Tribunal Service should not apply as it was not your fault that the request was not submitted.
However, I think you need to consider the likelihood of success. A Tribunal can only consider your conditions as they were at the time that the Decision was made, I don't know about you but I would struggle to give accurate testimony of how I was nearly four years ago and the only factual evidence available would be your own ESA50 and the assessment report, which obviously did not recommend an award.
Looking at your attempts to make a new claim.
As the last registered Decision on your claim was a Fit for Work Decision you can only make a new claim for ESA on the basis of a new condition or that your conditions have deteriorated, if you are making a claim on the basis of the original conditions, then the DWP will look at the prospect of your receiving an award and are obviously taking the view that there is no prospect of an award being made.
I would start by having a look at our ESA Claim guides to see if you actually qualify for an award based on the current ESA Descriptors and Regulations. If you think that you do then you need to discuss with your GP how your current conditions can be presented to the DWP in order for an assessment to be carried out. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any question then please reply to this post and we will do our best to help.
Gordon
I'll be honest and say that I think that there is little that you can do about the appeal given how long ago it is. To pursue it you would need face to face advice as you need an advisor who is able to communicate on your behalf with the DWP.
From what you have posted, the DWP appear to have failed to pass on your original request for appeal to the Tribunal Service after they completed their own Reconsideration. You can argue that the normal 13 months for an appeal to be requested with the Tribunal Service should not apply as it was not your fault that the request was not submitted.
However, I think you need to consider the likelihood of success. A Tribunal can only consider your conditions as they were at the time that the Decision was made, I don't know about you but I would struggle to give accurate testimony of how I was nearly four years ago and the only factual evidence available would be your own ESA50 and the assessment report, which obviously did not recommend an award.
Looking at your attempts to make a new claim.
As the last registered Decision on your claim was a Fit for Work Decision you can only make a new claim for ESA on the basis of a new condition or that your conditions have deteriorated, if you are making a claim on the basis of the original conditions, then the DWP will look at the prospect of your receiving an award and are obviously taking the view that there is no prospect of an award being made.
I would start by having a look at our ESA Claim guides to see if you actually qualify for an award based on the current ESA Descriptors and Regulations. If you think that you do then you need to discuss with your GP how your current conditions can be presented to the DWP in order for an assessment to be carried out. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any question 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
Last edit: 8 years 2 months ago by Gordon.
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- jj
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8 years 2 months ago #154001 by jj
Replied by jj on topic bipolar
thank you very much for the reply I wasn't sure if anybody would answer my question, if I could just add a bit more and hopefully clarify some points,
when we went to see the lady at saffron resource centre after numerous phone calls to the DWP she eventually asked for a supervisor who couldn't give her any information about my appeal so she asked me to apply to the HM Courts and Tribunals Service under the data protection act in November of last year, it took until 19-02-2016 to get the information,if you don't mind I'd like to give you the result and see if I'm in the right to pursue my claim as it is:
Decision notice
1) The appeal is refused.
2) The decision made on 25/08/2011 is confirmed
3)MR Jordan remains entitled to Employment and Support Allowance (ESA) with work related activity but is not entitled to ESA with the support component
4) This is because no descriptor from schedule 3 of ESA Regulations 2008 applied
5) The secretary of State had accepted that Mr Jordan satisfied the conditions of the work related activity component. This was not in issue
this tribunal was held on 22/02/2013 but I had no knowledge of the out come what so ever on the date of the tribunal I was took very ill and couldn't attend my carer at the time now my wife did inform the tribunal but was told there was nothing that could be done to cancel the hearing,
so by reading the outcome of the hearing does this mean that I was awarded ESA and somehow never received it?
Since way before this date I was on the appeal rate £74 per week approx and as I've said it never changed nor was I informed of any changes so just assumed that this was my rate of ESA and carried on with my life, again as I've said it wasn't until I got married and had to change my claim status that I was told I was on the wrong rate by the lady at the resource centre, when we made the claim for change of circumstances they then realised their mistake and cancelled my claim altogether and I've had nothing since up until this day, I had a phone call from the DWP and was asked if my illness had worsened which it had I told the lady I was wheel chair bound now and can't get around at all without help my tablet intake for pain had doubled and have trouble making it to the toilet on occasions I then got refused on the grounds the my illness hadn't worsen enough to qualify I then put in a new claim with a new sick note that said my my condition had worsened considerably and again was refused as I've said I'm literally at my wits end,
if I may could I please put this mandatory Reconsideration Notice reply that I received in March 2016 from DWP it basic says that they have not changed their decision because:
I am unable to revise the decision of 14 Dec 2015 which determined that you are not eligable for A. This is because on your previous work capability assessment you did not score the minimum 15 points required to have Limmited capability for work and there is no evidence that your medical condition has significantly worsened since then or that you are suffering from any new condition.
It then goes on to contradict the decision notice:
In 2012 it was determined that you did not have limited capability for work. You appealed against the this decision and on 22 Feb 2013 the decision was upheld by an independent Tribunal.
How ever the notification of the decision was not received by the department consequently you continued to be awarded ESA at the appeal rate in error. On 17 Nov 2015 this notification was received and your ESA was disallowed and your claim closed from 17 Nov 2015
I have received various other letters but they are basically the same IE: refusing my appeals
my last medical with the DWP was over four years ago surely they can't be assessing me on this medical as the injury which I have is a progressive injury which will only get worse.
If you get through all of this may I first thank you for reading it but hopefully you can understand why I'm so confused I'm not illiterate but I do find this hard work I now am being assessed for bipolar and I'm at the lowest I've ever been, should I now tell them that I'm being assessed or just leave it? Many thanks again John.
when we went to see the lady at saffron resource centre after numerous phone calls to the DWP she eventually asked for a supervisor who couldn't give her any information about my appeal so she asked me to apply to the HM Courts and Tribunals Service under the data protection act in November of last year, it took until 19-02-2016 to get the information,if you don't mind I'd like to give you the result and see if I'm in the right to pursue my claim as it is:
Decision notice
1) The appeal is refused.
2) The decision made on 25/08/2011 is confirmed
3)MR Jordan remains entitled to Employment and Support Allowance (ESA) with work related activity but is not entitled to ESA with the support component
4) This is because no descriptor from schedule 3 of ESA Regulations 2008 applied
5) The secretary of State had accepted that Mr Jordan satisfied the conditions of the work related activity component. This was not in issue
this tribunal was held on 22/02/2013 but I had no knowledge of the out come what so ever on the date of the tribunal I was took very ill and couldn't attend my carer at the time now my wife did inform the tribunal but was told there was nothing that could be done to cancel the hearing,
so by reading the outcome of the hearing does this mean that I was awarded ESA and somehow never received it?
Since way before this date I was on the appeal rate £74 per week approx and as I've said it never changed nor was I informed of any changes so just assumed that this was my rate of ESA and carried on with my life, again as I've said it wasn't until I got married and had to change my claim status that I was told I was on the wrong rate by the lady at the resource centre, when we made the claim for change of circumstances they then realised their mistake and cancelled my claim altogether and I've had nothing since up until this day, I had a phone call from the DWP and was asked if my illness had worsened which it had I told the lady I was wheel chair bound now and can't get around at all without help my tablet intake for pain had doubled and have trouble making it to the toilet on occasions I then got refused on the grounds the my illness hadn't worsen enough to qualify I then put in a new claim with a new sick note that said my my condition had worsened considerably and again was refused as I've said I'm literally at my wits end,
if I may could I please put this mandatory Reconsideration Notice reply that I received in March 2016 from DWP it basic says that they have not changed their decision because:
I am unable to revise the decision of 14 Dec 2015 which determined that you are not eligable for A. This is because on your previous work capability assessment you did not score the minimum 15 points required to have Limmited capability for work and there is no evidence that your medical condition has significantly worsened since then or that you are suffering from any new condition.
It then goes on to contradict the decision notice:
In 2012 it was determined that you did not have limited capability for work. You appealed against the this decision and on 22 Feb 2013 the decision was upheld by an independent Tribunal.
How ever the notification of the decision was not received by the department consequently you continued to be awarded ESA at the appeal rate in error. On 17 Nov 2015 this notification was received and your ESA was disallowed and your claim closed from 17 Nov 2015
I have received various other letters but they are basically the same IE: refusing my appeals
my last medical with the DWP was over four years ago surely they can't be assessing me on this medical as the injury which I have is a progressive injury which will only get worse.
If you get through all of this may I first thank you for reading it but hopefully you can understand why I'm so confused I'm not illiterate but I do find this hard work I now am being assessed for bipolar and I'm at the lowest I've ever been, should I now tell them that I'm being assessed or just leave it? Many thanks again John.
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- Gordon
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8 years 2 months ago - 8 years 2 months ago #154012 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic bipolar
jj
I can see why you are confused.
What was the Decision that you appealed in 2012?
Your original post, statements by the DWP and the fact that you were receiving the Assessment rate, all imply that this was a Fit for Work Decision! Have you anything from the DWP that says that you were actually in the WRAG.
What type of ESA were your receiving? Was it Contribution Based ESA as you were working immediately prior to your claim or was it Income Related ESA as you did not meet the Contribution Conditions?
The MR Notice that you have received confirms what I said in my previous post, you need to show that there has been a deterioration in your conditions since you last claimed, however, it is not enough to just show that you are worse, the Decision Maker needs to be satisfied that you would now be eligible to receive an award. So you should go through our ESA Claim guides to see what Descriptors you might meet and then discuss this with your GP to see the best way to present this to the DWP.
Gordon
I can see why you are confused.
What was the Decision that you appealed in 2012?
Your original post, statements by the DWP and the fact that you were receiving the Assessment rate, all imply that this was a Fit for Work Decision! Have you anything from the DWP that says that you were actually in the WRAG.
What type of ESA were your receiving? Was it Contribution Based ESA as you were working immediately prior to your claim or was it Income Related ESA as you did not meet the Contribution Conditions?
The MR Notice that you have received confirms what I said in my previous post, you need to show that there has been a deterioration in your conditions since you last claimed, however, it is not enough to just show that you are worse, the Decision Maker needs to be satisfied that you would now be eligible to receive an award. So you should go through our ESA Claim guides to see what Descriptors you might meet and then discuss this with your GP to see the best way to present this to the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
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- jj
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8 years 2 months ago #154040 by jj
Replied by jj on topic bipolar
thank you again Gordon i shall look to see if i had anything at all to do with WRAG, also i hadn't worked since my accident in January 1991, i got put onto the full time incapacity benefit in 1993 thanks again, John.
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- jj
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8 years 2 months ago #154041 by jj
Replied by jj on topic bipolar
hi again Gordon i forgot to ask should i tell them about my bipolar assessment as another ilness or do you think i would be adding to an already confusing case? thanks again, John.
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