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ESA BDC FRAUD, LIES and BLOCKED Letters 9 years 5 months ago #18159

  • maibai Bailey
Hi guys

I have tried to search the boards to see if anyone has experienced what I have, but un(fortunately?) haven't found a comrade.

Started an ESA claim in August after a JSA claim (CB) ended. So many letters/tax office notices detailling the amount of days for which I could be paid CB ESA was coming to an end.

Had been sufferring from a medical condition so was advised by DWP Disability adviser to apply for ESA, instead of completing a JSA3 (C in Circs) for JSA IR.

Awarded ESA, and assessment phase started. ESA then began to query my immigration status (American married to an EU national, but separated). This is neither here nor there because Perm Residence was established after 5 years marriage (13 years now) with EU 2006 Regs.

Basically told DWP to stuff themselves, as they were insisting I had Home Office Documentation, my husband's whereabouts, etc., when it is not a legal requirement to produce those documents to them.

They had suspended my benefits, but reinstated them BUT have actively gone about amending my files to try to make the claim a contribution-based claim, rather than income related.

I have letters, DWP print outs, check stubs (from interim payments), which state the benefit has been classed as IR, but I've run into trouble when moving out of london and having to reapply for Housing and council tax benefits.

IR based claims are "passported" to full AUTOMATIC housing and council tax benefit. No inquisitions. But now, the local council is taking up the DWP's fight and insisting i have the same paperwork the DWP was looking for or they wont pay. I'm appealing.

Through the data protection act, I was able to receive a copy of my DWP file showing decisions being "decided but superceded", showing "personal allowances" being added to my income amounts, and them counting contributions from self-employment to amounts.

I have filed complaints with the BDCs involved but haven't received any answers. I have finally notified the Chief Executive and his team is investigating.

In the meantime, DWP delayed notification to ATOS to issue an ESA50 until January when I filed a letter before action. I've had surgery and am due for another, yet DWP are still refusing to acknowledge it is likely I am unfit for work. I am still providing med certs 7 months on.

I am still in the assessment phase, with ATOS now denying they ever received an ESA50 from me and proof the DWP is trying to link this claim to a two week period in Nov 2008 when I was on ESA.

It's very bizarre, unfair and frustrating. I'm officially down on the system now as being ESA Income related and contribution based - not one or the other - leaving me in limbo. Still no medical in sight, and notes saying files have been sent to ATOS for re-referral to a medical (atos told me I wouldn't need one), but ATOS confirming referral received but no file has been sent.

Somethin really dodgy is going on. Does anyone have any suggestions or advice regarding what to do next?

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Re:ESA BDC FRAUD, LIES and BLOCKED Letters 9 years 5 months ago #18198

Hi Maibai,

It sounds like you're enmeshed in a Kafkaesque nightmare.

I'm afraid I can't offer any suggestions except that you contact an advice agency and try to get help from them and also contact your MPs office by letter and copy the letter to the DWP and you local authority setting out what has happened, asking your MP to look into the matter and making it clear you wish to take the matter to the parliamentary ombudsman if it's not sorted out.

Good luck,


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

Re:ESA BDC FRAUD, LIES and BLOCKED Letters 9 years 5 months ago #18207

  • maibai Bailey
Hi Steve,

Thanks for your advice. I wrote to my MP last year, but at the time it was mainly regarding them limiting my sick note, and the difficulty one faces with a condition that is unpredictable.

I have had to make clear to my area division (who is crying for more time to investigate), that they must produce some adequate answers soon.

There are human rights issues, breaches of EU law, Data Protection requirements, the lot.

I have told them this matter will not co away. At the moment, my access to legal aid is being blocked with the change in status to a contribution based claim. I may still try to get help but will have to get bank statements, etc. to send them.

I'll try to write to the MP again (different area, so maybe better chances - especially with the upcoming elections!).

Thanks again


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