Advice needed RE ESA please

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Advice needed RE ESA please

Postby pinky1 » Mon Jun 02, 2014 10:08 am

Hi folks, had my ATOS assessment just over a week ago. The nurse who did the assessment said she didn't think there would be any problems but if there was to appeal. I've been in the support group for about 18 months. They made the decision on the 29th of May to place me in the WRAG. And I have an interview on the 18th at the job centre. I called them up to make sure it was correct as a similar thing happened last year and when I went for the interview I was told I shouldn't be there as there was a mistake and I was still in support group. I have no idea about the appeals process. My friend works with welfare rights often so I know she would give me a number to call. Should I start an appeals process now or do I wait till the 18th for my interview? Hate all this, more concerned about the fact that I'm a single mum and my daughter only starts school nursery in August so already panicking :(

x x x x
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Re: Advice needed RE ESA please

Postby pinky1 » Mon Jun 02, 2014 11:14 am

Already got someone on the case for a mandatory reconsideration. Everything tightly crossed
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Re: Advice needed RE ESA please

Postby traceyjayne64 » Mon Jun 02, 2014 11:35 am

Hi there,

Ive a nightmare with the whole process. Ive been on ESA for a few years now and attended a few work related activity groups (is that right). Last May i moved from Buckinghamshire to Hertfordshire and despite telling them i was now 35 miles away they repeatedly sent me appts. i rang them, emailed them and tried everything to let them know, and their answer was that they would inform my local group.

Them a month ago they reported me to ESA and my money was dropped beyond belief, and it would not be possible to live on it.
On the letter it gives you the opportunity to write or ring them for a " RECONSIDERATION OF THE DECISION"
I decided to ring them. They take all the details over the phone, and you get your time to explain your reasons for not attending or whatever your situation is. it is then passed to a decsion maker to decide whether or not to except your explanation and drop the sanction against you.

You are given a 3 hour time limit in which they will ring you back...which they did.
The gentleman listened and accepted my explanation and authorised my money to be reinstated to its original amount.

Unfortunately the email to the finance department went astray so i did have to wait 10 days for them to sort it out and in the mean time another decision maker called me to let me know everything was ok.

You can only ring the ESA number to find anything out, there is no number to call ATOS themselves, they pass everything on.

Try ringing them, explain everything in detail, tell them you want to do a telephone reconsideration. If they dont get back to you within the 3 hours, ring again and then it is made priority and they will endeavour to ring within 1 hour.

I really hope this helps you.
xx
Last edited by FluppyPuffy on Mon Jun 02, 2014 12:14 pm, edited 1 time in total.
Reason: Made some paragraphs clearer for easier reading.
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Re: Advice needed RE ESA please

Postby traceyjayne64 » Mon Jun 02, 2014 11:39 am

Just seen your reply, we crossed while i was typing :)

Im glad you are on it, dont be fobbed off, some of the telephone people can be a little abrupt....if so, ring back and you'll get someone else who may be more sympathetic lol.

I hope it goes well x
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Re: Advice needed RE ESA please

Postby FluppyPuffy » Mon Jun 02, 2014 12:43 pm

:welcome: to our FibroFamily traceyjane :cow-wave: :cow-wave: :cow-wave:

Sorry to hear about your happenings with JCP and the sanction you ended up having levied against you :facepalm: :facepalm: :facepalm: It certainly makes you wonder if any part of the organisation actually makes any sense at all :pull-hair: :pull-hair: :pull-hair: :pull-hair:

Firstly, when it comes to ESA, Atos carry out the assessments and provide a report based on their findings which is then sent to DWP as part of a claim being made for ESA. The decision making process is carried out by DWP Decision Makers, Atos have no further involvement in things after they have carried out the assessment and sent their report to DWP.

You've taken the first important step in things by advising DWP that you disagree with their decision pinky, which has now started off the first stage of the process, the Mandatory Reconsideration. If you have any additional info/evidence that you think would help have the decision changed in your favour, send it in, along with a covering letter as quickly as you can.

Whilst you are waiting to hear the outcome of the reconsideration,the DWP system will still be regarding you as being in WRAG, so any appts that have been arranged do need to be kept/attended. If not, you could find yourself in a similar situation to what traceyjane faced, dolloping even more worry on to things.

If you feel you could have problems attending these appts, then contact JCP as quickly as you can, and explain what these problems are, why they will make attending these appts difficult, as it is possible for alternative arrangements to be put in place. You should be OK having someone attend an appt with you, but do clarify things before hand, just to be sure.

Working on the basis that you will need to attend this first appt, explain about disagreeing with the decision made to place you in WRAG, and that your claim has been sent for a mandatory reconsideration as your adviser may not have received all the info relevant for your claim, and from there, see what is said about what will happen. I do know of some who have been in a similar situation, and whilst their case trundles its way thru the appeal system, rather than having to attend appts at JCP, the reviews/appts were done by phone periodically until the outcome was notified.
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Re: Advice needed RE ESA please

Postby pinky1 » Sun Jun 15, 2014 9:08 pm

Hey folks,
sorry for the delay in replying. Tracey sorry things have been crappy for you!

So I saw a guy last week, he's not welfare rights but runs a disability and illness advice service. I took my GF with me who knows him because she has service users who has helped in the past. He went through the descriptors with me, and we decided on which ones applied to me. He was going to be writing out a spiel to go along with the form. My GP is also writing a letter for me which I've to pick up on Wednesday and pop it into Brian. He's already sent the mandatory away but has stated that a GP letter will be sent ASAP.
So I'm keeping everything crossed that they will change their decision and not want it to go to appeal.

Will keep you updated
x
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