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opinions

  • sinclare
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11 years 4 months ago - 11 years 4 months ago #96270 by sinclare
opinions was created by sinclare
Background
IB for 20 years
no medical /placed in wrag group.
asked for all evidence. non sent.
put in an appeal to be placed into support group and said
a full case would be provided when I received their evidence.
have asked for this now 4 times. non has arrived.
Today I was called in to my second personal interview at the jobcentre
because their records showed, and it was placed on my file that I have failed my appeal and I was still in the wrag group.
After I pointed out that
1/ I have yet to receive evidence
2/ I had no notification of an appeal hearing
3/ not attended a tribunal of any kind.

After the advisor made a frantic call to atos , the appeal statement was removed from the computer , apologies made, and the interview cancelled.
she said also, that a hearing date would be sent, along with photocopies of evidence. (too late to put in a case with by then?)

question.
am I being too suspicious ? or does this stink
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #96273 by Gordon
Replied by Gordon on topic Re:opinions
Sinclare

Is it suspicious? Possibly, but i think it far more likely that it is just another example of the incompetence that pervades the DWP.

First, a couple of quick points; ATOS are not involved in the Appeal process, so it is more likely that the call was to your local BDC, secondly, appealing does not excuse you from attending WFIs, so whilst this one was cancelled, you should expect to have to attend further ones in the future.

With regard your appeal. First, I am assuming this was made in writing, either on a GL24 Appeal form or by letter, explicitly stating that you are requesting an Appeal against the Decision of date which placed you in the WRAG. Did you get any confirmation from the DWP that your Appeal request had been received?

If you have not received any appeal papers, this suggests that a Reconsideration on your claim has not been done, this being the case, it could still be some time, before your claim is progressed and your papers sent to the Tribunal Service, so there may still be an opportunity to overturn the Decision in the short term.

If you have not done so already, I would suggest you have a look at our ESA Appeal guide, and it never hurts to re-visit the claim guides. See

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

Finally, given what has happened, you would certainly be entitled to make a formal complaint to the DWP

Complaining to the DWP

If you further questions, please reply to this thread

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

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11 years 4 months ago #96276 by sally-jane
Replied by sally-jane on topic Re: opinions
No I do not think you are being to suspicious at all, you have highlighted the fact that they are so overwhelmed with what they should be doing, they cannot do anything correct at all.
I suppose with not enough staff, training,adequate supervision or basic understanding, all these failings will continue ad continue to rise.
I think both the DWP and ATOS are completely out of control and the unfortunate thing is we cannot do anything about it or will anyone do anything to eleviate the situation on our behalf. Cuts to CAB and cuts elsewhere stop the help we so desperately need and with no body to oversee the situation we have little recourse whatever anyone says.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #96281 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re: opinions
Nothing new there then ;)

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