Dwp forcing me back to work

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Dwp forcing me back to work

Postby leewhyte » Thu Jun 27, 2013 8:13 am

Hi all,

I'm currently waiting for my tribunal date for ESA and this has been ongoing since February.

Recently I received the dreaded brown envelope with my DLA renewal in. Its not due to expire until September. I had to have my wife fill out the forms and photocopy all the medical letters etc and send it away. Couple of weeks later they replied saying that I don't qualify for anything. So I am going from higher rate mobility and middle rate care to nothing without any form of treatment so I ask for a reconsideration.

This caused them to send out an HCP from ATOS. It was a male doctor who came out and only spoke to ask me questions but seemed to understand me and didn't push me to do something I couldn't.

Yesterday I received another dreaded brown envelope and it stated that I am entitled to lowest rate care. So I called them to reconsider as there were a few things I disagreed with. They have stated it will have to go to an appeal. When I asked how long this will take they stated it will be eleven weeks to prepare the documents for the appeal and then we will have to wait until a date is available.

When I asked what will happen to my payments during this time they stated I would go down to lowest rate care only until a decision is made. This means the highest rate mobility (and the blue badge) and the carers allowance will all go.

This means that myself, my wife and our two children would have to survive on £170 a fortnight.

Now I know some will be thinking "why doesn't his wife get a job?" If she did then I would be a sole care provider to my two children and considering that its extremely difficult for me to get up and down stairs, cook, get on to and off the floor etc it would be impossible to look after a 3 and 1 year old.

So the only other option would be be going back to work but with my fibro and chronic fatigue syndrome, I find it highly unlikely that I would be able to hold this job for a significant period of time.

That be sad what other options do I have? Still claim ESA at basic rate and no DLA or carers and lose our home etc or suffer constant pain until a reform in the dwps guidelines on fibro?

Sorry for the long rant

Lost all hope lee
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Re: Dwp forcing me back to work

Postby whoami » Thu Jun 27, 2013 9:10 am

Lee.....i certainly see why you are frustrated. I don't totally understand the process in the UK, there are so many different levels of disability and departments you could be put in. Here in Canada you have the CPPD for disabilities that were not a birth disability. You either qualify or not, one level, one Dept. Of course then their are your private ins policy.
or if caused through work then work insurance.

Anyway, I do feel your frustration, it took 10 years to get sorted. My hubby lost his business and there was hardly any work for him..bright side I did get back pay for all that time.

Lee..is there anyone or agency that can help you speed up this whole mess? I am sure someone here will be in soon and can offer advice. Good luck!
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Re: Dwp forcing me back to work

Postby *Lisa* » Thu Jun 27, 2013 9:54 am

Hi Lee

Like you my award does not end til september and i am waiting for my renewal decision. I have been told that the new renewal payements (watever they may be) will not start until my origanal award has finished (sept)

This happened the renewal before. I got a higher rate and this was awarded in June yet it didnt start to pay until sept so i cannot understand why they have removed the HRM/MRC now instead of sept? which would give extra time.

Also if they pay you LRC until the tribunal and they say your not entitled to anything you will have to pay this back. Hopefully they will award you higher again and will get moneys back dated.

Can you get your GP to do a letter for you? this will back claims and add to your evidence.

Have you spoken to a benefits advisor about moneys?

Im not sayin it definatly is but sometimes an ESA decision can effect the outcome of a dla decision and visa versa which maybe why they have put down your award as your waiting on ESA tribunal???

You can also seek help and advice from CAB/welfare rights

I understand how stressfull this situation is and to help you further here is a website they can also be of benefit to you.

http://www.dwpexamination.org/
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: Dwp forcing me back to work

Postby mumstheword1954 » Thu Jun 27, 2013 10:41 am

i'M SORRY TO HEAR YOUR STORY ABOUT YOUR dla. lIKE YOU i WAS REFUSED WENT TO tRIBUNAL AND ENDED UP ON LOW RATE CARE(FROM HIGH RATE ON BOTH) i HAVE GOT A JOB AS A DINNER LADY IN A SCHOOL AND ONLY BECAUSE MY SISTER WORKS THERE. iTS A HOUR A DAY AND i'M EXHAUSTED AFTER IT, BUT I HAD NO CHOICE. i DO HAVE A HUSBAND BUT HE IS ALCHOHOL DEPENDANT AND NOT A LOT OF HELP. BUT ON THE BRIGHTSIDE YOU STILL WILL BE ENTITLED TO YOUR BLUE BADGE THROUGH YOUR LO9CAL AUTHORITY. i WISH YOU LUCK WITH YOUR APPEAL, DON'T GO ALLONE AND i WILL GIVE YOU SOME THINGS TO REMEMBER WHEN YOU GO THERE. i'VE GOT TO GO TO GET READY FOR WORK NOW BUT I WILL WRITE AGAIN TOMORROW.\
cHRIS X
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Re: Dwp forcing me back to work

Postby leewhyte » Thu Jun 27, 2013 11:53 am

Dear Lisa,

Yeah sorry the changes don't take effect until September. It does give extra time but in order to apply then go through the recruitment process it normally takes about a month so I have to start asap in this process.

The evidence I sent into DWP as well as ESA included a letter from the doctors updating them on my condition and a form originally sent to my gp from DLA which verified by disability and was the reason I was award in the first place.

The ESA does affect DLA as last year (I was yet again going through the appeal process when it all first started) after a phone call stating they have reconsidered my case and placed me in the support group with the disability element. I was then considered for DLA and the form from gp sealed it.

Lee
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Re: Dwp forcing me back to work

Postby denys » Fri Jun 28, 2013 1:45 am

Mumstheword, please check your caps lock isnt on as using capital letters is considered shouting, so sorry you have been forced into working, even an hour a day on a bad day is so hard to do :hugs: :hugs: :hugs: :hugs:

Lee hope you can get this sorted out quickly, as Lisa has said keep fighting, did you photocopy everything you sent in :?: :?: :?: :?:
Denys

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Re: Dwp forcing me back to work

Postby zappa20 » Fri Jun 28, 2013 4:06 am

Leewhyte

Have you checked out your full entitlement on one of the benefit checking sites eg www.turn2us.org.uk ?

The benfits figure you quoted of £170 per fortnight for your entire family to live on doesn't seem correct. Your child tax credit and child benefit figure should be around £145 per week, with your joint ESA assessment rate on top of this ?
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Re: Dwp forcing me back to work

Postby Lizbet40 » Fri Jun 28, 2013 6:38 am

Ask them for a reconsideration then ask for a copy of your medical assessment and also ask DWP if the information has been changed in any way since.
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Re: Dwp forcing me back to work

Postby lolo73 » Sun Jun 30, 2013 11:47 pm

Lee, when you lose one benefit often you are eligible for another one. I think a trip to CBA or the like would be in order or as suggested try http://www.entitledto.co.uk/ x
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