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Problems in Dealing with DWP

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12 years 2 months ago #79039 by Augustus
Problems in Dealing with DWP was created by Augustus
Good morning!

Can anyone help please:

I've bee nfound fit for work and am appealing. I have asked for a written statement of reasons from DWP but I am told there is nothing else apart from the decision letter. Is that right? I've specified doc ESA65 but no one knows what I am talking about!

Also, has anyone found a way of effectively dealing with DWP over the phone? When I phone Glasgow centre, they only take messages and can deal with little, only promising call-backs which never materialise.

Finally, I am tols that if I claim assessment ESA whilst appealing, I would not have to pay back the ESA money received, if the tribunal upheld the DWP's fit-for-work decision. Is that right?

Many thanks to all the moderators @ b&w.co.uk for their excellent and much-needed contributions!

A

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  • bro58
12 years 2 months ago #79054 by bro58
Replied by bro58 on topic Re:Problems in Dealing with DWP
Augustus wrote:

Good morning!

Can anyone help please:

I've bee nfound fit for work and am appealing. I have asked for a written statement of reasons from DWP but I am told there is nothing else apart from the decision letter. Is that right? I've specified doc ESA65 but no one knows what I am talking about!

Also, has anyone found a way of effectively dealing with DWP over the phone? When I phone Glasgow centre, they only take messages and can deal with little, only promising call-backs which never materialise.

Finally, I am tols that if I claim assessment ESA whilst appealing, I would not have to pay back the ESA money received, if the tribunal upheld the DWP's fit-for-work decision. Is that right?

Many thanks to all the moderators @ b&w.co.uk for their excellent and much-needed contributions!

A


Hi A,

If you had a face to face assessment, there will definately be an ESA85, or an ESA85A if you did not have a medical, see :

ESA medical – what forms to ask for?

ESA Forms

It may be best to simply request all documentation used in connection with your recent ESA assessment.

Many members are suffering the same problems over the phone, the only advice that I can give would be to note the time of the call, and the name of the person that you speak to. You could request an escalation to a Team Leader, as a complaint.

It is always advisable to back up any phone conversations with written correspondence.

If you are not happy with the standard of service that you are receiving you could make an official complaint.

Complaining to the DWP

You could even complain to your M.P. :

Contacting your MP

You will continue to be paid Assessment Rate of ESA, either until the decision is changed at the reconsideration stage, (In your favour) or if not then right up until the time of the Appeals Tribunal decision.

This money does not have to be paid back whatever the outcome.

You must of course continue to provide "fit notes".

bro58

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12 years 2 months ago #79105 by mike
Replied by mike on topic Re:Problems in Dealing with DWP
Hi Augustus

This is the information that the benefits office sent to me 5 weeks after the decision that i was not entitled to ESA.

I was sent a ESA85 Medical Report Form.
ESA56 worksheet for the work capability assessment.
Handout 6 Lcw descriptor scoring.
My original ESA50 questionnaire.
LT54(although that seems very similar to ESA56)

Mike

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12 years 2 months ago #79220 by Augustus
Replied by Augustus on topic Re:Problems in Dealing with DWP
Hi bro58

I used your new WCA guidebook whivh ATOS is supposed to follow ["Reading of documents"] to complain about them not having my ESA50 at my assessment because the DWP did not forward it to them.
And then I was found fit for work. If there is a prima facie case for maladministration leading to injustice, is such a claim passed through one's MP.

I remember there used to be an office of the Parliamentary Commissioner for Administration ["Ombudsman" - ie: The original one!] which dealt with such matters.

Could this be relevant for me or should i just stick to referring this to my MP, if i get no joy from ATOS?

Thanks

A

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  • bro58
12 years 2 months ago - 12 years 2 months ago #79226 by bro58
Replied by bro58 on topic Re:Problems in Dealing with DWP
Augustus wrote:

Hi bro58

I used your new WCA guidebook whivh ATOS is supposed to follow ["Reading of documents"] to complain about them not having my ESA50 at my assessment because the DWP did not forward it to them.
And then I was found fit for work. If there is a prima facie case for maladministration leading to injustice, is such a claim passed through one's MP.

I remember there used to be an office of the Parliamentary Commissioner for Administration ["Ombudsman" - ie: The original one!] which dealt with such matters.

Could this be relevant for me or should i just stick to referring this to my MP, if i get no joy from ATOS?

Thanks

A


Hi A,

The information in the WCA Handbook that you speak of, is "Guidance" given to ATOS HCP's, so I don't know how you would stand regarding caselaw etc, etc.

You could make a formal request for the documentation used in you ESA WCA, in the form of a "Data Protection" request, using a "Subject Access Request", (SAR) form, this can be downloaded from :

Use the request for personal information form, link, on this page :

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

The DWP still have 40 days to comply with such a request.

If you look at the complaints procedure in this DWP document :

www.dwp.gov.uk/docs/dwp1018.pdf

You will see that The Independant Case Examiner, (ICE) or The Parliamentary and Health Service Ombudsman, can be called upon, if the complaint is not resolved by the DWP themselves.

See also in the document below, financial redress for maladministration.

www.dwp.gov.uk/docs/financial-redress-for-maladministration.pdf ·

bro58
Last edit: 12 years 2 months ago by bro58.

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