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Big Gross Error in ESA

  • Mark Sutton
12 years 4 months ago #75880 by Mark Sutton
Replied by Mark Sutton on topic Re:Big Gross Error in ESA
bro58 wrote:

Mark Sutton wrote:

bro58 wrote:

If you are appealing a "Fit for work" ESA WCA decision, you CANNOT be compelled to attend WFI's, WRA, see here :

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#70860

bro58

Doh, many thanks! :)

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  • Dorset-angel
  • Topic Author
12 years 4 months ago #76609 by Dorset-angel
Replied by Dorset-angel on topic Re:Big Gross Error in ESA
Thank you kindly for this, but i got told i had to attend as i was on the WRAG before my appeal. I did snap and say i haven't let the home for some time now, as i am not well at present. As far as i am concerned i am not fit to look for work, but my doctor has given me a sick note which i clearly have to sign on the back of it, that i have not worked both pay or voluntarily, So for me kind of contradicts when they want me to apply for jobs or even do voluntary work of which i can't do either. So i told him to stop my money as £65.00 wasn't going far anyway and i was tired of the whole system. So far it hasn't been stopped.

I am also awaiting to hear from tribunal, as i have stated i was not going to fill forms in which had my old address and still i await for forms from them. Parliamentary Health Services ombudsman is looking into to my complaint regarding the Gross Maladministration. I have also been told i would still have to attend court as ATOS found me fit for work, can DWP over turn this or is this another lie we get told?

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  • bro58
12 years 4 months ago #76612 by bro58
Replied by bro58 on topic Re:Big Gross Error in ESA
Dorset-angel wrote:

Thank you kindly for this, but i got told i had to attend as i was on the WRAG before my appeal. I did snap and say i haven't let the home for some time now, as i am not well at present. As far as i am concerned i am not fit to look for work, but my doctor has given me a sick note which i clearly have to sign on the back of it, that i have not worked both pay or voluntarily, So for me kind of contradicts when they want me to apply for jobs or even do voluntary work of which i can't do either. So i told him to stop my money as £65.00 wasn't going far anyway and i was tired of the whole system. So far it hasn't been stopped.

I am also awaiting to hear from tribunal, as i have stated i was not going to fill forms in which had my old address and still i await for forms from them. Parliamentary Health Services ombudsman is looking into to my complaint regarding the Gross Maladministration. I have also been told i would still have to attend court as ATOS found me fit for work, can DWP over turn this or is this another lie we get told?


Hi DA,

I don't know whether I have misunderstood you or not, as I assumed that from your comments regarding not being fit for work, that you were appealing a "fit for work" decision. (Scored less than the required 15 points on your ESA WCA)

If you are appealing such a "fit for work" decision the following applies :

Do I have to attend WFIs while I appeal?

If you were placed in the WRAG, you are not classed as "fit to work", and if appealing an award of WRAG to gain entry into the Support Group, see imformation re : this scenario on the same link above.

See further information on WFI's here :

Work Focussed Interviews

I hope this now clarifies any confusion that may have arisen. :)

bro58

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More
12 years 4 months ago #76613 by Gordon
Replied by Gordon on topic Re:Big Gross Error in ESA
Dorset-angel

Only a Decision Maker can sanction your ESA payments for not attending a WFI, however, I stand by Bro58s original statement, that you are not required to attend a WFI while appealing a Fit for Work Decision.

The DWP can only overturn the Decision that you are Fit for Work if you provide evidence that you meet the requirements for ESA. This is what your appeal is for, failing that, you need to attend a Tribunal hearing to argue your case.

Gordon

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

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  • bro58
12 years 4 months ago #76614 by bro58
Replied by bro58 on topic Re:Big Gross Error in ESA
Hi DA,

See further information on WFI's here :

www.benefitsandwork.co.uk/benefits-news/story/164


bro58

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  • Dorset-angel
  • Topic Author
12 years 4 months ago #76618 by Dorset-angel
Replied by Dorset-angel on topic Re:Big Gross Error in ESA
I am appealing ATOS saying i am fit for work, i was placed in the WRAG to start with 2 years ago, but now got a diagnosis with my other illnesses, so i had to attend a medical with ATOS and failed. So i had been going to the job centre before - but this time i will stand firm and i do meet the requirements as evidence has been given by my doctor, occupational health worker, consultant and support worker of which my support worker sent to them, but they still say i have to attend court. If i am honest the system is dreadful and people with disabilities and illnesses for me it is becoming increasingly making me poorly. No one knows what the other one is doing, i have never had to claim benefits as i worked all my life, but these last 2 years have made me worse if i am honest, the whole system needs re-shaping and reorganising. I am struck down with flu and pharyngitis at present - i am not suprised i have this after the last few weeks of what i have had to tolerate. I am not going to the job centre and told them this as i am appealing against their decision and if they had to stop my money than go ahead. So far they haven't but my support worker is back from holiday tomorrow - so i am hoping to see her next week to sort this mess out.

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