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REVISION LETTER STRAIGHT TO TRIBUNAL APPEAL
- Kate
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12 years 1 month ago - 12 years 1 month ago #101682 by Kate
REVISION LETTER STRAIGHT TO TRIBUNAL APPEAL was created by Kate
Can somebody please help me. I had my med at the Atos centre, [phrase removed]. One being i blamed my eyesight on my allergies. I had two industrial injuries, RSI then was triggered with multiple allergies after working in an air conditioned building...long story but i constantly suffer now with facial burns, cannot be in heat or air conditioning, after my family spending tens of thousands to get me well i was referred by an allergy unit by a professor dealing in the allergy field.This unit helped enormously but my drs would not pay for the vacinne in order my immune system would lift within 9 to 18 months. Needless to say the trauma has continued with now having all my mercury fillings out as this was Advised and consequently being referred to an allergy dentist who damaged my entire dentition resulting in a law suit that went wrong adn hardly got anything and having to pay for full jaw and mouth reconstructions costing 50k with now long term care. My allergies are still to the fore and have to restrict the environment i am in, no air condtioning, no heat etc YET at my med none of this was mentioned.
THIS IS WHAT I AM LEADING TO; I had a letter saying they would look to REVISE, i have been ill as i suffer Chronic Fatigue and stress of this has exacerabated it, they gave NO TIME LIMIT on the revision and i have not been able to collate 25 years worth of notes,more importantly i have not been to the alternative people for a few years as i cannot afford this.Also, the benefits have not mentioned i wrote a week ago saying i was DELAYED getting the infor to them NOR have they included my letter to them tellilng them not to contact me by phone but have stated after my medical they tried to call me and number was not recognised??ARE THEY LYING AGAIN?
IN SHORT,CAN SOMEBODY TELL ME WHERE I GET REPRESENTATION FOR THIS?THEY HAVE COME TO A DECISION,NOT GIVEN A TIME LIMIT ON REVISION AND HAVE NO HISTORY OF MY RECORDS AT ALL...
please help, i do not know how / where to get representation but all i know is my Father died with no money in the bank ...£200,000 to date has been spent trying PRIVATE DRS.
THIS IS WHAT I AM LEADING TO; I had a letter saying they would look to REVISE, i have been ill as i suffer Chronic Fatigue and stress of this has exacerabated it, they gave NO TIME LIMIT on the revision and i have not been able to collate 25 years worth of notes,more importantly i have not been to the alternative people for a few years as i cannot afford this.Also, the benefits have not mentioned i wrote a week ago saying i was DELAYED getting the infor to them NOR have they included my letter to them tellilng them not to contact me by phone but have stated after my medical they tried to call me and number was not recognised??ARE THEY LYING AGAIN?
IN SHORT,CAN SOMEBODY TELL ME WHERE I GET REPRESENTATION FOR THIS?THEY HAVE COME TO A DECISION,NOT GIVEN A TIME LIMIT ON REVISION AND HAVE NO HISTORY OF MY RECORDS AT ALL...
please help, i do not know how / where to get representation but all i know is my Father died with no money in the bank ...£200,000 to date has been spent trying PRIVATE DRS.
Last edit: 12 years 1 month ago by Gordon.
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12 years 1 month ago #101686 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic REVISION LETTER STRAIGHT TO TRIBUNAL APPEAL
Kate
Where to get advice?
I assume this is in connection with an ESA Claim?
Were you found Fit for Work or placed in the WRAG but believe you should be in the Support Group?
I am afraid I cannot tell from your post whether you have appealed or asked for a Reconsideration, your use of "revise" suggest the latter?
If you were found Fit for Work and asked for a Reconsideration, then you need to be aware that you are not entitled to payment whilst the DWP look at the Decision again, and to answer on of your questions there is no required timescale for this process to take, it may take weeks, but is far more usual for it to take months.
If you have appealed a Fit for Work Decision then you are entitled to ESA at the Assessment Rate until a new Decision is made on your claim.
If you have appealed then the first stage of this is for the DWP to carry out a Reconsideration, if this fails then your papers will be passed to the Tribunal Service for a hearing to be convened.
Whilst it may seem counter intuitive, the DWP are not required to wait for the claimant to provide additional evidence, although the would normally allow 4 weeks for them to do so, and this may be longer if the do not get around to looking at it for some time. A letter that you will be delayed sending in information may result in the period being extended, they may acknowledge such a letter, but are not required to, and certainly a week is insufficient time for them to do so.
Gordon
Where to get advice?
I assume this is in connection with an ESA Claim?
Were you found Fit for Work or placed in the WRAG but believe you should be in the Support Group?
I am afraid I cannot tell from your post whether you have appealed or asked for a Reconsideration, your use of "revise" suggest the latter?
If you were found Fit for Work and asked for a Reconsideration, then you need to be aware that you are not entitled to payment whilst the DWP look at the Decision again, and to answer on of your questions there is no required timescale for this process to take, it may take weeks, but is far more usual for it to take months.
If you have appealed a Fit for Work Decision then you are entitled to ESA at the Assessment Rate until a new Decision is made on your claim.
If you have appealed then the first stage of this is for the DWP to carry out a Reconsideration, if this fails then your papers will be passed to the Tribunal Service for a hearing to be convened.
Whilst it may seem counter intuitive, the DWP are not required to wait for the claimant to provide additional evidence, although the would normally allow 4 weeks for them to do so, and this may be longer if the do not get around to looking at it for some time. A letter that you will be delayed sending in information may result in the period being extended, they may acknowledge such a letter, but are not required to, and certainly a week is insufficient time for them to do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kate
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- Kate
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12 years 3 weeks ago - 12 years 3 weeks ago #102673 by Kate
Replied by Kate on topic REVISION LETTER STRAIGHT TO TRIBUNAL APPEAL
Thank you.Yes i have been found to not have Limited Capability for work. Had my payements stopped altogether but because i am my Mum's carer (she is on Higher Attendance Allowance) they have give me carers and a small amount of Income Support. I have lost my premium for RSI and allergies. I was triggered in an air conditioned building with facial burns that still come up and been in an isolation unit years ago, left me with allergies and chronic fatigue.None of the descriptors are working...its all bit stressful as i seem to have got into a muddle with all this and the time limits due to feeling tired.
If i pay the Dr. to write a report/letter do the DWP take any notice anyway due to the fact she has had to be paid. They say they are not entitled to do this.
If i pay the Dr. to write a report/letter do the DWP take any notice anyway due to the fact she has had to be paid. They say they are not entitled to do this.
Last edit: 12 years 3 weeks ago by Gordon.
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12 years 3 weeks ago - 12 years 3 weeks ago #102681 by Gordon
You do not say who this doctor is, if it is your GP then I would advise you to first sit down with them and discuss the situation, if it is not your GP this may not be possible, bu I would still recommend that you try.
In either case, there should be no stigma attached to a paid report.
The important thing here is the content of the report, a report does not reference the ESA descriptors will have significantly less value than one that does. For example; one that says you cannot work with no explanation, will carry little if any weight at all.
That is why, if possible, you need to discuss this with the doctor in advance, it is all to easy to pay for something that is of no use for your claim.
On a more general note with regard the descriptors, for ME think about activities that would be restricted to your tiredness, for example the mobilising descriptor, without knowing the effects of your allergy problems it is difficult to advise, but the Exceptional circumstances rule (Reg.29) may be of assistance. These are explained in the ESA Claim guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic REVISION LETTER STRAIGHT TO TRIBUNAL APPEAL
Kate wrote: Thank you.Yes i have been found to not have Limited Capability for work. Had my payements stopped altogether but because i am my Mum's carer (she is on Higher Attendance Allowance) they have give me carers and a small amount of Income Support. I have lost my premium for RSI and allergies. I was triggered in an air conditioned building with facial burns that still come up and been in an isolation unit years ago, left me with allergies and chronic fatigue.None of the descriptors are working...its all bit stressful as i seem to have got into a muddle with all this and the time limits due to feeling tired.
If i pay the Dr. to write a report/letter do the DWP take any notice anyway due to the fact she has had to be paid. They say they are not entitled to do this.
You do not say who this doctor is, if it is your GP then I would advise you to first sit down with them and discuss the situation, if it is not your GP this may not be possible, bu I would still recommend that you try.
In either case, there should be no stigma attached to a paid report.
The important thing here is the content of the report, a report does not reference the ESA descriptors will have significantly less value than one that does. For example; one that says you cannot work with no explanation, will carry little if any weight at all.
That is why, if possible, you need to discuss this with the doctor in advance, it is all to easy to pay for something that is of no use for your claim.
On a more general note with regard the descriptors, for ME think about activities that would be restricted to your tiredness, for example the mobilising descriptor, without knowing the effects of your allergy problems it is difficult to advise, but the Exceptional circumstances rule (Reg.29) may be of assistance. These are explained in the ESA Claim guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 3 weeks ago by Gordon.
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