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ESA Disallowed

  • gwendraeth
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12 years 1 month ago - 12 years 1 month ago #101105 by gwendraeth
ESA Disallowed was created by gwendraeth
Hi,
My Husband attended a work capaility assessment Jan 31st and within a few days got the letter that he had been awarded 6pts and esa disallowed and payments of IB were being stopped,
He has Non Hodgkins Lymphoma low grade since 1994 resulted in the removal of his right collarbone which has left a weakness and strength in his right arm also arthritis,Spondylitis of the spine with Arthritis in his hips and knees, severe irritable bowel syndrome, irregular heartbeat, high blood pressure / cholesterol, suffers from vertigo, his health problems have caused depression and anxiety and he has dyslexia, he has difficulty walking more than 50mtrs and uses a walking stick the assessor awarded him 0 points and stated that he could mobilise for 200mtrs awarded him 6 points for sitting and standing, due to his bowel problems he soils himself at least once or twice weekly as he cannot get to the toilet in time, but he was told by assessor to wear incontinence pads, she stated that he had no trouble with his upper limbs even though he has arthritis in his neck and shoulders, she took his blood pressure which was extremely high and just said it's because you are here, yet his blood pressure is always that high he is on Warfarin and has to have fortnighty blood tests for INR and yet she stated that he had no significant problems, he has had 2 cardio versions but both have failed, but because he can drive a car and take me shopping fortnightly, and book his own GP appointments, no points were awarded for any other descriptors, well our own GP was digusted and told him to appeal, she gave him a sick note for 3mths which he gave in at Jobcentre Plus,
she wrote a letter of support to support everything that was on the assesment form, we did try to get CAB to help but they couldn't see us for a month by that time it would have been outside the time frame to state that he disagreed with the decision, CatchUP couldn't see him either and we were told to by CAB to do it ourselves, well I got form GL24 and filled it in for him as he cannot do it himself due to Dyslexia,went through all the descriptors one by one which he did not agree with, and asked for the decision to be looked at again,sent it off with letter of support from dr, photocopy of xray report she also gave him, his letter of referral to see a consultant about his bowel problems, and various other photocopies to prove he has the conditions mentioned, also asked if he could have esa at reduced rate which I found out on the internet that he could apply for, 2 weeks later he had letter to say that he could have esa at reduced rate, but nowhere does it state that they had looked again at the decisions, what do I need to do next , do I need to write and ask them why they have not replied to the decision being looked at again and let us know one way or another, all this is causing terrible stress in our house as we have no-one who is willing to help and advise us
I hope someone will reply with some help
Margaret
Last edit: 12 years 1 month ago by . Reason: Tick.

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12 years 1 month ago #101109 by slugsta
Replied by slugsta on topic ESA Disallowed
It can take months for the reconsideration to take place in some cases. As long as you know that your appeal has been received then all you can do, at this stage, is wait :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • gwendraeth
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12 years 1 month ago #101123 by gwendraeth
Replied by gwendraeth on topic ESA Disallowed
thankyou for your reply Mrs H, first usful advice we have received, forgot to mention he is 62, at least some money is better than none
Margaret

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  • gwendraeth
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12 years 3 weeks ago - 12 years 3 weeks ago #102775 by gwendraeth
Replied by gwendraeth on topic ESA Disallowed
Well got a letter March 25 to say that they had looked again at my husband's refusal of ESA after filling in GL24, and it said that they are not sending his appeal to tribunal because the decision has been changed in his favour, and that's all it said, no mention of what group he has been put in, do they usually say at this point on the group , or does anyone know how long he has to wait before he gets to know ? he is still on assesment rate,

A tentative congratulations :)

The DWP should write to with the details of the Decision, to be honest I cannot understand why this was not included in the letter you have just received.

As it is the DWP that have revised the Decision your updated payments should be processed quite quickly but it may still take several weeks, you should receive a back payment for the difference between the Assessment rate and the group you have been placed in, plus updated payments for the group.

If you have not heard in a couple of weeks I would chase them, this includes if you have not received a proper Decision letter.

Gordon
Last edit: 12 years 3 weeks ago by Gordon.

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  • gwendraeth
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12 years 1 week ago - 12 years 1 week ago #103239 by gwendraeth
Replied by gwendraeth on topic ESA Disallowed
still no word about which group they have decided to put husband in after letter about "decision changed in your favour" so I rang them up, the bloke on the phone was pleasant enough, said nothing on file they haven't decided yet on which group, what a farce, he's still on assessment ESA and to put the top hat on it he's on a private pension since they made him retire due to ill health 20yrs ago which we use to pay mortgage ,full council tax and a few d.debits and the tax man has taken £30.00 tax out of it ,which he's never done before........ can't win,
Last edit: 12 years 1 week ago by Gordon.

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12 years 1 week ago #103254 by Gordon
Replied by Gordon on topic ESA Disallowed

gwendraeth wrote: still no word about which group they have decided to put husband in after letter about "decision changed in your favour" so I rang them up, the bloke on the phone was pleasant enough, said nothing on file they haven't decided yet on which group, what a farce, he's still on assessment ESA and to put the top hat on it he's on a private pension since they made him retire due to ill health 20yrs ago which we use to pay mortgage ,full council tax and a few d.debits and the tax man has taken £30.00 tax out of it ,which he's never done before........ can't win,


Call the DWP again and ask for a call back from a manager, they should be able to tell you what is going on or find out for you, the call centre staff try, but they so rarely succeed.

Gordon

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