ESA Appeal not on system fiasco

I have CRPS/RSD and received my first ESA50 form in April.
- I was put into WRAG without a medical, letter dated 17 July, and appealed immediately to be put into the Support Group. I received written confirmation that I had submitted an appeal on 8 August.
- I also requested all paperwork used to reach the decision on 20 July. On 28 August i had a letter apologising for the delay in acknowledging receipt of this request that they received on 24 July.I eventually received this information well after the 40days they say in the letter. Appeal is mentioned amid the mumbojumbo of acronyms and useless information.
- On 22 Aug I received an appointment for a 'Personal Adviser Interview' on 13 Sept at my local job centre. As I was in the process of appealing I phoned to cancel. The woman there was very nice and agreed, but told me there was no appeal showing on the system. She said not to worry too much as I had had a letter and things are slow to be updated.

I know that the appeals take a long time, so I have not been unduly worried about not hearing anything, and frankly, trying not to think about the pigging thing. Then this morning a brown envelope from ATOS drops through my letter box. ATOS? Why? Opened it to find another ESA50 form to fill in before 7 December.What?????!!!! Not even got a decision on last one. I bit the bullet and swallowed my approaching-phobic hatred of phone calls and phoned the local Jobcentre plus.

After having to phone twice because I had apparently given incorrect security info -really?- the guy told me he had no idea why I was sent the form and to ignore it. No mention of an appeal on the system AGAIN! Then, in a complete about face he told me I had to fill it in and if it was even one day late I would lose all my benefits, including DLA. He said it was a reassessment and I had to do it. I tried to explain that I hadn't had a decision on my appeal from the first form and wanted to know what was happening with it. He started getting ratty with me and basically told me to get off the phone as there were other people who needed his 'help'. He was also incredulous that I hadn't sent in a sick note. I told him the last time I had had to send one was in about 1997. Apparently that is "totally wrong and I shouldn't be paid. In all his years he had never heard of someone getting ESA without sending in sick notes". The phone call was going nowhere and we were both getting agitated, so I ended it.

Seriously, what am I supposed to do? The guy wouldn't/couldn't give me any information on the ongoing appeal and became very stubborn and unhelpful when I tried to ask questions. Surely I shouldn't have to go through the misery of this form again without explanation? I suppose I should phone back ,but knowing my luck, it'll be him again. I've not heard of this happening to anyone else. If my appeal is not on the system how can anyone I speak to help me?

With appeals taking so long, it is not unusual for claimants to be reassesed before they have had a decision from the appeal You must fill in and return the ESA on time unless you have had something in writing from DWP to the contrary.

If you are not getting any sense regarding your appeal, you can phone and ask for a call-back from a supervisor who might be more help. Unfortunately, the people in the call centres are generally poorly trained and often give incorrect advice.

As DWP have classified you as 'unfit to work' by putting you in WRAG, there is no need for you to submit furter sick/fit notes.

Mrs Hurtyback wrote:

With appeals taking so long, it is not unusual for claimants to be reassesed before they have had a decision from the appeal You must fill in and return the ESA on time unless you have had something in writing from DWP to the contrary.

If you are not getting any sense regarding your appeal, you can phone and ask for a call-back from a supervisor who might be more help. Unfortunately, the people in the call centres are generally poorly trained and often give incorrect advice.

As DWP have classified you as 'unfit to work' by putting you in WRAG, there is no need for you to submit furter sick/fit notes.

You could also complain in writing to the DWP : Complaining to the DWP

And/or involve your M.P. : Contacting your MP

For future reference : Sending Documents to the DWP or ATOS

bro58

I had already resigned myself to another long slog of form-filling. Even if they have made a mistake you know you always have to cover yourself, dot all the is and cross all the ts. I also knew deep down that this hideous process could become something of a biannual affair. While I was writing the initial post it occurred to me that I should try and speak to someone more senior to try and get some sense, so thanks for confirming this.

The level of incompetence across the whole conception and realisation of this benefit is staggering. I honestly don't believe the general public realise, or particularly care, how horrendous this process is. It is only when people are directly affected or have close experience of it that it seems to matter to them, sadly. There are frequent horror stories highlighted in the media but they are soon superceded by the cult of celebrity and nothing changes.

Thank you bro58 for the links. I think I have no option but to complain to both DWP and my MP. I now have a to-do list as long as my arm. I'm a bit of an ostrich, sticking my head in the sand and hoping things will go away, but I know I really can't afford to do this. My next form will now probably include massive depression in addition to my CRPS!

As I have been disabled for nearly 18 years I soon got into the habit of copying everything I sent and learned, to my cost once, the benefit of sending recorded delivery. (My DLA forms went missing after they were received by Blackpool and my money was stopped before I realised what had happened. Luckily I had already been told they had been received, but it certainly gave me a boot up the rear end.)

Smallbrownhound wrote:

I had already resigned myself to another long slog of form-filling. Even if they have made a mistake you know you always have to cover yourself, dot all the is and cross all the ts. I also knew deep down that this hideous process could become something of a biannual affair. While I was writing the initial post it occurred to me that I should try and speak to someone more senior to try and get some sense, so thanks for confirming this.

The level of incompetence across the whole conception and realisation of this benefit is staggering. I honestly don't believe the general public realise, or particularly care, how horrendous this process is. It is only when people are directly affected or have close experience of it that it seems to matter to them, sadly. There are frequent horror stories highlighted in the media but they are soon superceded by the cult of celebrity and nothing changes.

Thank you bro58 for the links. I think I have no option but to complain to both DWP and my MP. I now have a to-do list as long as my arm. I'm a bit of an ostrich, sticking my head in the sand and hoping things will go away, but I know I really can't afford to do this. My next form will now probably include massive depression in addition to my CRPS!

As I have been disabled for nearly 18 years I soon got into the habit of copying everything I sent and learned, to my cost once, the benefit of sending recorded delivery. (My DLA forms went missing after they were received by Blackpool and my money was stopped before I realised what had happened. Luckily I had already been told they had been received, but it certainly gave me a boot up the rear end.)

Hi Sbh,

How correct you are, regarding the general public not realising how severe the benefits claim system now is !!

Many members, have found their M.P.'s most helpful, they have access to fast track avenues of communication with The DWP.

Good luck, and let us know how you get on.

bro58