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My Story Falure to dsiclose medical Improvement

  • Survivor
14 years 2 months ago #14435 by Survivor
Replied by Survivor on topic Re:Clear use of ESA Medical Report!!
This is absolutely ridiculous. How can a claimant be expected to deal with a 2500 page bundle? Maybe you have the individual experience to do so, but it shouldn't be necessary.

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  • Ron22
  • Topic Author
14 years 2 months ago #14448 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
Well things haver just gone from bad to worse. I received a letter from DLA today refusing my review. Did not surprise me really I have already sent the appeal form off to them but they didn't even look at the medical evidence of my own or their own or else they could not have come to this decision.

However worse still was letters from ESA. I have been receiving contribution based but had to apply for income based due to mortgage etc. They sat on it but now decided I am entitled to £12.51 a week. (I was previously getting £89.80 so they have paid the fantastic sum £25.02 for two weeks for my family and I to live on!!

I starting to crack up fully under this pressure. How am I supposed to support my family? All this catalogue of events is having its full toll on me.

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14 years 2 months ago #14478 by Crazydiamond
Replied by Crazydiamond on topic Re:Clear use of ESA Medical Report!!
Ron22 wrote:

Well things haver just gone from bad to worse. I received a letter from DLA today refusing my review. Did not surprise me really I have already sent the appeal form off to them but they didn't even look at the medical evidence of my own or their own or else they could not have come to this decision.

However worse still was letters from ESA. I have been receiving contribution based but had to apply for income based due to mortgage etc. They sat on it but now decided I am entitled to £12.51 a week. (I was previously getting £89.80 so they have paid the fantastic sum £25.02 for two weeks for my family and I to live on!!

I starting to crack up fully under this pressure. How am I supposed to support my family? All this catalogue of events is having its full toll on me.


From what you have said, on the face of it your award of income based ESA would appear to be incorrect, as the amount you have quoted is far below the amount the law says you and your family need to live on.

You should have received with your award letter, a page which details how your ESA entitlement has been worked out. In the first part it will detail the personal allowance and any premiums you are entitled to. By law, this is the amount you are expected to live on. Below this should be a calculation which shows any income, including any other social security benefits, that you have disclosed and which are taken into account for ESA purposes.

In the third part, there should be a calculation which is the amount you need to live on, minus any other countable income. The difference is the amount of ESA to which you are entitled. It is a legal requirement for you as the claimant to have been provided with this information, so that you can ascertain whether the award is correct. If you disagree with the calculation you can dispute the award, and if necessary you can appeal the decision.

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

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  • Ron22
  • Topic Author
14 years 2 months ago #14479 by Ron22
Replied by Ron22 on topic Re:Clear use of ESA Medical Report!!
Yes sorry it was my knee jerk reaction feeling very upset at the dla letter.

I think I have worked the ESA out but it is still not correct. I have already faxed a letter to jobcentre plus as for starts they have assessed me as a single person. Yes there is a calculation sheet which makes even worse reading saying not entitled to anything to be paid so asked for a full explanation and for it to be looked at again as clearly there are things that are wrong.

Thanks for your help. Its just my condition does make me get stressed very easily and sometime panic!

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  • Ron22
  • Topic Author
14 years 2 months ago #14755 by Ron22
Well I have now been given a new date for the Tribunal hearings being 5.03.10. My case was remitted back by the Upper Tribunal in (I think July 2009) so a bit of delay!!

On my ESA issue I raised I have managed to get that sorted to some extent. They do say there is an overpayment which was caused in effect by them failing to process my ESA (IB) claim!! I will deal with that in due course. I dread the tribunal hearing it is so long and drawn out this scenario. With all what has happened I cannot feel optimistic and not sure why this is listeed before the Regional Judge!

R

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  • Ron22
  • Topic Author
14 years 1 month ago - 14 years 1 month ago #15596 by Ron22
Replied by Ron22 on topic Re:Employment Support Delays
Well here is an updarte on this.

My MP decided to refer this issue of my ESA to the Ombudsman and I await with interest. Jobcentreplus informed me that indivdual cases can be reviewed by the regional office which they are now going to refer my papers to. However, given I live in Lancashire I am astounded to find the regional office is based in where? Inverness!!

I finally got off the £12 per week. Been extremely difficult for my family and I to survive on that. Reason was that the benefit assessment was backdated, and therefore the mortgage protection policy which I used to pay the mortgage was then classified as income, and even though I had used this to pay my mortgage early January, it was deemed as income thus the £12.00 per week. However if they had dealt with my claim expeditiously this would have never happened!!

Ron
Last edit: 14 years 1 month ago by Crazydiamond. Reason: Post merged for continuity purposes

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