Won ESA tribunal but refused ESA

Hi there
Thank you for you reply.

I have been telling and giving evidence to the DWP for two years now about my low income, they have all copies of tax returns ect They are looking at 2007/08.
My son died in a road traffic accident in 2006 I suffreed from and still suffer from PTSD and depression. I had an operation in 2007 that went wrong andhad to have an emergency operation to correct the frist one. I had to be readmitted to hosital as they had made another mistake and in 2007 I basically did not work. I should have claimed benefit then but did not and this I think is my downfall.

I was told by the NI that my income 2007/08 was below the threshold and I was exempt from paying NI unless I wanted to to protect my pension.

The DWP have chosen to ignore all the evidence I have given them just as the have ignored the verdict of the Tribunal.

I am now on the point of selling my home as I have so much debt now that I cannot manage anymore. I really do not know what will happen then because the money I will get from the sale will cover my debt but it will leave me homeless.

Asa I said abotv the Ombudsman and the Tribunal services have rarely come across his before.
kind regards
Molly

Molly21 wrote:

Hi there
Thank you for you reply.

I have been telling and giving evidence to the DWP for two years now about my low income, they have all copies of tax returns ect They are looking at 2007/08.
My son died in a road traffic accident in 2006 I suffreed from and still suffer from PTSD and depression. I had an operation in 2007 that went wrong andhad to have an emergency operation to correct the frist one. I had to be readmitted to hosital as they had made another mistake and in 2007 I basically did not work. I should have claimed benefit then but did not and this I think is my downfall.

I was told by the NI that my income 2007/08 was below the threshold and I was exempt from paying NI unless I wanted to to protect my pension.

The DWP have chosen to ignore all the evidence I have given them just as the have ignored the verdict of the Tribunal.

I am now on the point of selling my home as I have so much debt now that I cannot manage anymore. I really do not know what will happen then because the money I will get from the sale will cover my debt but it will leave me homeless.

Asa I said abotv the Ombudsman and the Tribunal services have rarely come across his before.
kind regards
Molly

Hi M21,

I can only reiterate what I have already said, and refer you back to Gordon's and Crazydiamond's advice earlier in this thread.

Have you ever gained professional face to face advice on this?

If not, it would be advisable to do so, as a matter of urgency.

See here for information on possible sources of such advice :

Where to get advice?

www.rethink.org/

www.mind.org.uk/

bro58

Hi there

Believe it or not I have a lawyer and the DWP have given her the runaround too.

I have also contacted my MP and they have given him the same. For example they wrote a letter to the MP before Christmas saying that they would investigate everything and in this letter they wrote that I would not be asked to fill out any more forms. Six days later on Christmas Eve I got an ESA form in the post.

When my Lawyer asked the DWP about this they told her it was just a mistake.

My lawyer was with me at the Tribunal she has been provided through the Legal Aid scheme.

She cannot understand what is going on either she spoke with a DWP district manager last Friday who has promised to look at this again but she is the one who wrote the letter to the MP and then sent me the form. My lawyer is supposed to phone her on Friday.

This has been the routine for the last two years now. They send me something... I send the information and then they send me something else.

I feel now that my only option is to go to the newspapers as I feel that I cannot be the only person who is being treated like this.

kind regards
Molly

Molly21 wrote:

Hi there

Believe it or not I have a lawyer and the DWP have given her the runaround too.

I have also contacted my MP and they have given him the same. For example they wrote a letter to the MP before Christmas saying that they would investigate everything and in this letter they wrote that I would not be asked to fill out any more forms. Six days later on Christmas Eve I got an ESA form in the post.

When my Lawyer asked the DWP about this they told her it was just a mistake.

My lawyer was with me at the Tribunal she has been provided through the Legal Aid scheme.

She cannot understand what is going on either she spoke with a DWP district manager last Friday who has promised to look at this again but she is the one who wrote the letter to the MP and then sent me the form. My lawyer is supposed to phone her on Friday.

This has been the routine for the last two years now. They send me something... I send the information and then they send me something else.

I feel now that my only option is to go to the newspapers as I feel that I cannot be the only person who is being treated like this.

kind regards
Molly

Hi M21,

I am sorry to hear of your problems.

Best of luck in resolving this enigma.

bro58

Hi There

I have just had a phone call from my lawyer to say that I have to fill out the ESA form that the DWP sent me because they apparently destroyed the form that I filled out two years ago and that they will not look at my claim again unless I do this.

I don't know if the answers are my situation now or two years ago. I really feel like just giving up.

Kind regards
Molly

Molly21 wrote:

Hi There

I have just had a phone call from my lawyer to say that I have to fill out the ESA form that the DWP sent me because they apparently destroyed the form that I filled out two years ago and that they will not look at my claim again unless I do this.

I don't know if the answers are my situation now or two years ago. I really feel like just giving up.

Kind regards
Molly

Hi M21,

If you must fill out a new ESA50 it may help if you use the Pdf version, here :

Use Of The Interactive PDF Version Of The ESA50 Questionnaire

At least then you will be left with an exact copy, after printing off and posting.

Using our ESA Guides from here :

ESA Guides

You can access all our FAQ's from here :

FAQ’s

Sorry that I can't be of more help.

bro58