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I Despertaly Need Some Help/Support Group ESA

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6 years 2 months ago #227179 by tinkertytonk
I Despertaly Need Some Help/Support Group ESA was created by tinkertytonk
Hello All,

I need some help desperatly I will try and be as precise as possible and before we start I am not ungreatfull for what I have recieved from the DWP.

1, I have been claiming ESA (support Group), PIP and Housing benifit for mental health issues (depression, anxiety, anger issues, self-harm and suisidal thaughts/tendancies & OCD). I am on anti-depresents and lorazepam and beta-blockers.
2: I have a supportive doctor and therapist
3, I recently got my ESA assessment forms through (using B & W Guide and including a section on 'special considerations'. I filled them in giving a full breakdown of my conditions with two brilliant supportive letters from my doctor and therapist. Both stating in effect that I was not fit for work and doing so would be harmfull to myself or others or a threat to self-others. Both stating I was not fit to attend an interview. I self-harmed throughout the form filling process and suisidal thaughts were the worst ever. My doctor and therapist saw self-harming and recomended I saught support from the local CMHT.
4, Maximus got the forms and within a week had sent them to the DWP saying inteview not required.
5, I got notification today from DWP that I am now in the support group for 18months on same rate of benifit.
6, Now I am not being ungreatfull here and please bare with me. It shocked me to the bone that DWP now expect me to go through that entire proccess again in 18 months. The thaught makes me want to puke. Saw therapist today and she was shocked as she thinks eighteen months is not near long enough to work through my issues.
7, The last time I got put in the support group it was for three years and I was not self-harming, nore having active suisidle thaughts nor was I held together with lorazepam.
8, I now don't know if I should apply for a mandoroty reconsideration; both my doctor and therapist have said they will write supporting leters saying 18 months is to soon for me to face the assessment process again or inded work through my issues.
9, I simply do not know what to do? I have read the B & W guidance on madotory reconsiderations and it looks fraught with issues and looks bewildering.

Any advice will be more than welcome and please don't worry about what you may advise I'm not going to hurt myself as becoming clearer on this matter calms me somewhat.

Also does anyone know of a human being that I could phone who knows benift rules and regs that I could talk to about this as there does not appear to be anywhere in the UK where you can talk to a knowledgable person on benifits (I know this when trying to get advice on the last ESA assessment).

Again I'm not trying to be greedy if people say just stick with what you have and be thankfull thats fine with me just need some advice.

Regards, Darren

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6 years 2 months ago #227187 by Gordon
Darren

I am really sorry but this is not an appealable Decision.

ESA is an indefinite award with scheduled reassessment, the period between assessments is an administrative decision and is not part of the award, that's why ESA Decision Letters do not include an end date or award length.

Because the date is not part of the Decision it cannot be appealed.

You may be able to get face to face advice by doing an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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6 years 2 months ago #227189 by tinkertytonk
Replied by tinkertytonk on topic I Despertaly Need Some Help/Support Group ESA
Dear Gordon, Thanks for that, it's clear and to the point, so I can put that to bed thank you, apprecete what I have recieved and try and pull my life together.

Can I just ask one question as I do worry alot about things and this will calm my mind somewhat. Are you very well qualified in benift rules/law?

I ask as if I know you are I can truly put this to bed. if your a keen amauter it will still calm me somewhat but may look further afield to confirm what you have said.

Not meaning to be insulting at all.

Darren

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6 years 2 months ago #227190 by Gordon
Darren

I can't point you at anything because there is no award length as part of the Decision, if there were then it would be defined in the legislation but as it is not there is no reference.

Gordon

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

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6 years 2 months ago #227191 by tinkertytonk
Replied by tinkertytonk on topic I Despertaly Need Some Help/Support Group ESA
Thanks, you certainly sound as though you know what your on about and has clmed me no end. I will seek further clarification of your points raised for my total piece of mind. Don't be insulted by that; but I am much calmer knowing that it's a clear answer and I should be thankfull for what I have recieved.

Again for anyone reading this thread I will be Ok over this issue I'm very frigile in many ways but strong in others this particular 'blip' won't break me.

Thank you for your help and good luck to everyone on here with trying to navigate this shocking system.

Regards, Darren

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6 years 2 months ago #227192 by Gordon
Darren

The only other thing I can suggest is to involve your MP.

Contacting your MP

Gordon

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

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