Totally Confused.

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Totally Confused.

Postby Debbie B » Wed Mar 21, 2012 11:41 am

I really am flummoxed what to do now. I hardly need all this stress when I am fighting one of the worst illnesses I have had - flu/cold and lost hearing and bruised pain in right ear (hopefully temporarily). I have barely been sleeping, due to sneezing, being too hot, or the pain in my ear and limbs. I have not even had energy to wash or clean teeth, let alone anything more strenous.

Anyway, Monday I got the letter (as you know from previous post) and telephoned DWP that I wished to appeal against ESA decision to award me no money. I got told by the man on there that I had "plenty of time" to send evidence - 6 months, in fact. So how come today I have got the Appeal form, and it clearly states that I have ONE MONTH to Appeal, from the date of the original letter (16 March)???

I thought the one month rule applied to telling them that you wished to appeal - not for the whole appeal process to be put together and sent. I very much doubt that the Specialist I saw on 6th March will write her report or send me a copy by 16th April (I was told I would be sent a copy).
I have a few notes as to why I disagree with DWP's decision after myself and my partner picked the bones out of their report, and can send a copy of my Doctors Certificate (up to16th April, which I was told in the first phone call on 12th March WOULD NOT COUNT in my favour despite saying I was to refrain from work - how can they just cancel that?). I can send a list of my Symptoms which I update frequently too - but that is about all the evidence I can supply until I hear from the Specialist or have a follow up appointment with Occupational Therapists which I have no idea when. I only sent them a weekly diary sheet Monday so do not expect an instant appointment. I also want to get to see CAB, but how ill I feel at the moment just have no idea when this will be. I did not ask to be ill, let alone yet more illness appearing which I cannot seem to shake off.
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Re: Totally Confused.

Postby no1phil » Wed Mar 21, 2012 12:27 pm

Hi Debbie i am in the exact same position as yourself except that my appeal form should be in by this friday :shock:

I have yet to see cab since i can't get up early enough to get to their drop-in dates and i have also came down with the flu this weekend so been ill and not able to get out anywhere let alone get out to see CAB.

I was going to send off the appeal forms and then try and see CAB but i noticed that you can in fact still send them off even though you have went over the month but you need to explain why it is being sent late, i'm hoping that CAB will be able to help me with this as well.

However you will have to claim another benefit in the meantime until you send the appeal form back, since i am still getting sick lines from my doctor i have had to try and claim income support as nobody can claim jobseekers when in receipt of a sick note.
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Re: Totally Confused.

Postby Debbie B » Wed Mar 21, 2012 12:45 pm

Thanks for your reply.

I thought once you told DWP that you wish to appeal, you got reinstated your £67.50 ESA? Or was this yet another lie spun by DWP?

I didnt realise being ill by no fault of your own caused so much hassle and hell... why are we all being punished for illness that we can do NOTHING about??
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Re: Totally Confused.

Postby Woodentop » Wed Mar 21, 2012 1:06 pm

You do get the assessment rate of ESA while you're appealing - but only if you tell them that you want it, because otherwise they'll put you on to JSA. The amount of money is the same, but with ESA you'll have to send them sick notes starting straight away and with JSA you have to keep going down to the job centre. I am on the assessment rate ESA but had to chase them to get any money. My IB was stopped and I should have got ESA immediately, but a month went by with nothing. I phoned them and miraculously some money was in my account next day!! The whole system is on the verge of collapse and it's people like us who are caught up in it and who are suffering, not the real scroungers - they know exactly how to play the system and will always get away with it. My GP is concerned about my high blood pressure - I wonder what's causing that? :crazy: :crazy: :crazy:
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Re: Totally Confused.

Postby no1phil » Wed Mar 21, 2012 1:10 pm

Yeah the whole system is a joke I got awarded zero points, I was told by the "nurse" at ATOS who gave me my medical that there was no examination that could prove my I.B.S or Fybro and cause i don't have suicidal thoughts i obviously can't be depressed :evil:

In terms of there being no examination for Fybro, it's a complete lie. I have the paperwork that the DWP send to ATOS that explains how to assess someone who has Fybro and tells them all about the pressure points to check for etc.

As usual we are loosing out because of all the non-legit people who are claiming for everything under the sun :evil:

I have not been getting anything for about 4 weeks now as i'm still waiting on the outcome of my income support claim and even then i had to argue with them as they were not going to take my claim until i told them that someone at the jobcentre told me to keep getting my sick lines and claim income support rather than jobseekers.

@Woodenstop I was told by the guy on the phone when i called up for my Appeal form that they will only pay you the basic esa rate once they receive your appeal forms back, which doesn't help those who can't get them back straight away.
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Re: Totally Confused.

Postby Ldyalb » Wed Mar 21, 2012 2:22 pm

My understanding is that you just have to write to tell them you're appealing within one month of the date of their decision. You don't have to submit all the reasons why until a later date as it could take a while to compile all your evidence. That's definitely the case for DLA which I'm appealing. I didn't have to appeal my ESA decision so I'm not 100% confident that they have the same rules.

Definitely worth contacting an organisation like the CAB about this. I know there's a site called Benefits and Work which has good info on this stuff, most of their stuff you have to pay to access (about £20 for a year I think) but they do provide some advice for free. I'll see if I can dig anything out for you from the research I did online when I expected to have to appeal the ESA decision. Passing my medical came as a massive shock.
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Re: Totally Confused.

Postby pixiecat » Wed Mar 21, 2012 3:56 pm

You can as them to reconsider the decision within one month of the date of your letter and then send in any support documents
then if they dont change you can then as to reconsider again or appeal this is within one month of each letter of reconsideration, this gives you time to go to cab etc - this info is from their own leaflet "if you think our decision is wrong" GL24
My decision was made on the 10th feb but I only got told about it on the 17th march and the letter only came today telling me about it
but I told them on the 17th that I was going to appeal and they sent the forms to me.

Hope this helps you
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