April 2013 Changes to Appeal System - Goalposts Moved Again!

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April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby MCT » Fri Feb 24, 2012 5:11 pm

:evil:

Is there no end to this Government's onslaught on the sick and disabled?

Once again the goalposts are being changed and this time it's about the appeal system for ESA/DLA. We all know how time and time again ATOS have been found to be seriously inept in carrying out their assessments and of the high percentage of successful appeals (can be up to 70% with assistance of CAB) - probably why the Government want to make it more difficult to appeal.

http://www.benefitsandwork.co.uk/news/l ... 3+Feb+2012


No ESA for claimants who want to appeal

Employment and support allowance claimants who want to appeal against a decision they are capable of work will be forced to claim jobseekers allowance or go without benefits, possibly for many months, under a clause in the welfare reform bill currently going through parliament. Astonishingly, the government is already consulting on whether their harsh changes to the appeals procedure go far enough. We are urging readers to respond.

Currently, claimants who are found fit for work can continue to receive ESA at the assessment rate by immediately lodging an appeal if they think the decision is wrong. ESA will then remain in payment until the appeal is decided.

That is all set to change, however, under clause 99 of the welfare reform bill.

Under the new rules, which are intended to be effective from April 2013, claimants who wish to challenge a benefits decision – including ESA and DLA decisions - will no longer be allowed to choose to lodge an appeal immediately.


Worst of all the Government don't even think this goes far enough! The DWP are consulting on this and as many people as possible need to make their feelings known, details of how to are below, I also think that a letter/email to your local MP would be worthwhile. You can send an email via http://www.writetothem.com/.

Please take the time to read the B&W article and make your views on this known.

The DWP are consulting, not on whether to introduce mandatory revisions, but simply on whether the draft regulations they plan to introduce once clause 99 is passed go far enough.

There are two things which we think it is vital that claimants demand are put in place :

1 ESA claimants must be allowed to claim ESA at the assessment phase rate whilst awaiting a mandatory revision of a decision that they are capable of work;

2 there must to be a time-limit on how long mandatory revisions can take.

We aren’t going to provide standard responses for people to copy and paste because we know that the DWP treat these with particular contempt in their consultation responses. Putting your views in your own words is much more effective.

You can download a copy of the consultation document ‘Mandatory consideration of revision before appeal’ from a link on this page.

The email address for responses, not later than 4 May, is
appeals.reform@dwp.gsi.gov.uk

The four, very restrictive, questions being asked in the consultation are:

1. Please give us your views on how the decision making and appeals standards can be further improved.

2. Do the proposed changes go far enough in order to deliver a fair and efficient process?

3. Please give us your views on whether the draft regulations (Annex C) meet the intention as described in the summary section of this consultation document.

4. Please let us have any specific comments about the draft regulations that you would like us to consider.

We suggest that you use question 2 to raise the issues above, on the basis that the process will not be fair unless it is time-limited and unless ESA claimants can continue in the assessment phase.

There doesn’t seem to be any reason why you should address the other questions unless you wish to.


:evil:
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby Ldyalb » Fri Feb 24, 2012 5:46 pm

This is ridiculously appalling. What next - no assessment rate at all until you've had your medical. I wouldn't put it past them!!

It seems to be getting worse daily :(
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby BlueBerry » Fri Feb 24, 2012 11:57 pm

god if this happens where people going be who have to appeal mine took 18 months image no money have my mam help me for that long what a shock I hope this doesn't happen but like my mam was saying glad mine sorted but who know what else will happen with this so called govement make me sick.

what next could happen :crazy:
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby xMandiex » Sat Feb 25, 2012 3:29 am

This is disgusting! So many seriously ill and disabled could suffer as a result! Have sent my response, hopefully they recieve enough responses for them to realise that it is going to cause serious harm to alot of people!
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby tentimes » Sat Feb 25, 2012 4:49 pm

It makes me so angry when I see this. It is totally barbaric.

What it means is they will be able to threaten people with total destitution should they not accept a deliberately wrong assessment designed to get them off benefits.

I can't believe that a human being in this day and age can do this and have any conscience.
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby shazq » Sat Feb 25, 2012 4:59 pm

:twisted: it's getting by the day, :shock: it's appalling. :evil:
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby tentimes » Sat Feb 25, 2012 5:30 pm

Right, I have just sent the consultation response, plus an email which I have sent so far to my local MP's in Northern Ireland, plus I am most of the way through the Lib Dem ones, I am also going to try a couple of the conservative ones that I saw voted against the government on the Housing Benefit amendment to the Lords return this week on HB.

Once you have an email put together for an MP, you can get their email addresses from:

http://www.parliament.uk/mps-lords-and-offices/

I'm going to keep going and send some to the Lords, who have been really good so far in fighting the case for us. If you concentrate on Lib Dem first of all, they are the ones most likely to be able to get this pulled. That plus any conservative MP's that might listen.

Luckily my 6 week pain epic came to an end yesterday, so I have a bit of energy for it ;)
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Re: April 2013 Changes to Appeal System - Goalposts Moved Again!

Postby tentimes » Mon Feb 27, 2012 5:38 pm

I just wanted to post that any information you give to the consultation is definitely considered. I got this response:

Kevin,

Thank you for your comments on the consultation document "Mandatory consideration of revision before appeal". All comments will be considered and a response to the consultation will be published in early June.

Regards

Rachel
Rachel Storer


Whether they really take any notice I don't know, but I think it is well worth us emailing them our thoughts.
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