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citizen83

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  1. Great thank you so much Erika. That answers all my questions perfectly. I'll let you know how I get on.. (until the next time)
  2. Two weeks ago (21st July) I sent an appeal form (GL24) to the DWP after scoring '0' points following a recent Work Capability Assessment. In the meantime my ESA has been stopped and I I have a photocopy of the GL24 the Job Centre made for me, but all I've had is this vague letter and a pre-paid envelope telling me to respond within 14 days (dated 28th July) which states: ------------------------------------- ABOUT YOUR APPEAL I am writing about your letter dated 25/07/11 telling us you want to appeal. The law says we can only deal with an appeal when it has been made in the right way. We are sending back your letter because the reason why you want to appeal against this decision. You must reply within 14 days. You can use the envelope we have sent you. It does not need a stamp. When we receive your reply we will decide if the appeal should go ahead as normal. If we think the appeal cannot go ahead we will send it to the Tribunals Service and they will decide. If you do not reply within 14 days we will send your appeal to the Tribunals Service. The Tribunals Service will decide if the appeal can go ahead. If you want more information please get in touch with us. Our address and phone number are at the top of this letter. Yours sincerely Appeals Admin ---------------------------- The letter ESA65) (explaining they had decided I was 'fit for work' along with the 'statement of reasons' didn't arrive until AFTER I had phoned the DWP to find out if I had passed/failed the assessment. When an advisor on the phone asked if I wanted to appeal, (and explained he couldn't give out my results over the phone) told me by going to JCP, asking for a GL24 and just put simply "I believe I should have scored more than 15 points" in the reasons box. Which I did. The advisor said as soon as they got the form the sooner I'd get paid at the assessment rate. I've been calling them for 2 weeks every other day to check if they had received it, I've been told over and over again yes - but it's waiting to be verified before any assessment rate payments will be resumed... still nothing, but last Thursday (when I assume this odd letter is dated 28th July) another advisor said it should be all sorted this week, midweek at the latest I should be paid... Is this why ESA has still not been reinstated at the assessment rate? Even though I was *told* it would be as soon as they received the GL24. Driving me crazy-er!! I'm confused about what I am actually meant to do next? It's confusing as they haven't returned the form. Even though it says "we are sending back your letter". What letter is that? the form?? Would I be correct in doing either/all of the following? - Write a letter explaining I didn't have all the information when I submitted the GL24 form, but am writing to provided more information? - Get a new GL24 Form from the job centre and fill it out all-over again being more specific about the reasons? Should I say something to oppose their assessment of me on the 'Statement of Reasons' where they state what points I've been given one by one? How do I 'properly' phrase that? Such as (example): - "I disagree with your statement that I "behave in a way that would be acceptable at work." Because you fail my behaviour (aggressive uncontrollable outbursts) in a workplace environment is not appropriate and causes significant distress to others." etc Should I elaborate further...? or would the above suffice? What happens if my response is unsatisfactory, and the DWP do indeed refer it to the tribunal? will I not be paid even assement rate until they decide I can appeal? Please help, I've got virtually no money as my entitlement to ESA stopped at at the start of July, and can't even have a crisis loan for food/living costs as I've already had the maximum 3 small payments since April (thanks to a decision maker taking 6 weeks to initiate the claim).
  3. Thanks, forgot to mention though... I said I could provide evidence I am the tenant - i.e latest water bill, benefits letters and that I put myself on the electoral roll recently. She said "that's irrelevant" and I should get a copy of a rent statement from my landlord (he doesn't bother with that sort of thing, I just pay him) The advisor over the phone said the council has sent an inspector round a few times and I wasn't there, so they declared the property was empty! This is the first I've heard of it and never had a calling card or notice of this. Since I put the claim in back in December I have spent the odd week visiting family but never more than 6-7 days at a time. There is a gate to the property and the doorbell doesn't always work, I keep unusual hours and sleep a lot during the day so there are plenty of reasons they could have missed me. Even if they let themselves in (private flat anyway - ex council) there are clothes all over the place, used cups in the kitchen, recently opened letters etc so it's not as if anyojne could assume the flat is "empty".
  4. Spoke to HB enquiry line at council. They are saying they cancelled my claim as they have received info that I no longer live at the property!!! and that I must either put in a new claim and prove with my 'rent statement' from landlord. Totally lost and frightened about not being able to pay rent now
  5. Just as I finally got my ESA sorted, today I received a letter from the council saying my claim for housing benefit has been cancelled, the reason? "Moved out of area"! - I have done nothing of the sort! Of course I will be straight on the phone to them in the morning but I cannot understand how they have come to this conclusion This is clearly their mistake and I have bills and not to mention my polling card for the recent elections to prove I live here and have NOT moved! My main worry is the possiblity I may have to make a whole new claim, and since I'm under 35, single and living in (one bedroom flat) private accomodation the next time it is "reviewed" I am certain to be subject to having my claim re-evaluated and slashed in half. I was getting prepared for this nasty slash but not just yet, I just hope they will "uncancel" my clam ASAP. Any thoughts? helpful words of encouragement? Thanks people
  6. P.S When I sent in my Medical Certificate I also sent the DWP letters from the local NHS (as additional evidence) dated end of Feb saying my GP had referred me to a specialist and I had been put on a waiting list. Last week I had these returned from JCP with a note "thanks for your letters, your claim has been noted" - whatever that means. I'm thinking of getting an "advocate" to write a letter to my GP explaining the financial hardship element as a result of him refusing to give me a note for that period, with a copy of the letter from JCP saying my note ran out on 3rd March. It might just be enough to convince him but I changed doctors about a year ago, he hardly knows me, he's got my file on computer but that's about it. I can understand if DWP don't want to pay me for that gap period but to deny me any thing for the rest of the period is crazy. Now I've only got one crisis loan shot left too.
  7. Hi thanks for the quick response. I put in a claim for ESA on 25th Feb over the phone. Advisor asked if I was able to get a sick note, told her yes but might be a week or so. Finally managed to see GP (not my regular one, just a visiting one they had available in my surgery) who gave me a 8 week sick-note on Thursday 17th March and sent it to DWP with form they initially sent out requesting it. The following Monday (21st March) a letter dated 18th March informed me my medical certificate ran out on 3rd March, and to send in a new one before 17th March! I didn't realise I "had a gap" in my claim. The letter does explain if you can't get a sick note you can fill out the form and explain why and they will consider it, but as I had sent in a sick note covering 17th onwards I didn't realise I'd need to do that. DWP advisor on phone says the gap is 4th - 17th March (10 days). I've begged and pleaded with my GP to give me a back-dated one for that period but he refused. I had previously seen my GP (mid Feb) who referred me to a specialist but at the time didn't get a sick-note from him. He's useless anyway.
  8. Hi I am looking for a bit of advice. I recently moved from JSA to ESA and after receiving one payment of ESA last month not had any payments since. After calling to find out what the problem was I was told there is a "gap in my medical evidence" of about 7 days as my sicknote only covers me from the day I was able to see my GP (he won't/can't backdate it!). They told me over the phone about a month ago that my claim has now gone to "a decision maker" and I should hear within a week.... still nothing. They haven't even bothered to write to me to let me know my benefits are suspended.. even though I've sent a sick note in as they requested. I've been left high and dry with NO money at all for over a month, I've managed to get a couple of crisis loans for food (£30 a time) and apparently only allowed one more this year. Last week a form (ESA50) from ATOS came through saying I need to return it by 11th May otherwise my benefits "may be affected" - even though they've already 'suspended' everything! Maybe this is what they are waiting for? Job Centre seem to think if I can get my GP to cover those 10 days with a new back-dated sicknote they will pay me, but this isn't possible, he refuses to write a new note, I told them it would take me a week to get an appointment when I first claimed, they didn't say this would be a problem! They don't get it! What do I do!? Just going around in circles over and over and I have no money to eat let alone pay bills etc. How can they just leave people to rot like this? especially when they are sick?
  9. There's information on 192.com that is NOT public record - such as your occupation. Scumbags
  10. Surely a DRO is less severe than bankruptcy? Are they one and the same? The £90 fee seems worth it if they are different. There are two reasons I personally would rather not go bankrupt: 1. I am involved in politics and would like to stand as a candidate in the local elections (I've stood in the general elections in the past). 2. I am a board member (unpaid) of a charity and would like to remain involved. I know after 12 months under bankrupcty I could apply to be discharged and these two issues would not be a problem, but it would be best avoided don't you think?
  11. I have a council tax debt from about 5 years ago (been chasing me for years and I just ignore them) now the council have written saying they are petitioning for my bankruptcy (about a month ago). I own them about £2,000. I also have other unsecured debts totaling about £7,000 altogether (housing benefit overpayment, credit cards, utility bills). I have no income other than Job Seekers Allowance and Housing Benefit. I have no assets other than clothes and ordinary household items (like a DVD player and clothes). I'm worried this 'bankruptcy petition' could arrive any day, I've just been looking up my options and discovered the Debt Relief Order (DRO) and it likes like I might be eligible, I have no idea what to do If I inform my creditors I am applying for DRO will it slow them down until it's gone through? Please HELP!
  12. The Local Authority (LA) has written to inform me that they have cancelled my Housing Benefit (HB) and Council Tax Benefit (CTB) claim because: “You were claiming as a disabled student, but failed to inform us that your Incapacity Benefit ended in February 2010 and you no longer qualify for benefit from that date.” As I now have no other income (except the existing HB payments) I decided to apply for Job Seekers Allowance, which was I eventually awarded last month. “if you are no longer a student (which I'm not) you may still qualify for benefit, please call us if this is the case to complete an application” the last letter tells me - this is what I'm in the process of doing now so I don't fall behind with my rent now I am not getting HB. I have been claiming IB for about 18 months before claiming Housing Benefit which was awarded from October 2009. Between September 2009 and April 2010 I was also in receipt of a Student Finance Loan. I had been advised this was permitted, and the LA calculated my HB entitlement taking all these facts in to account. In March 2010 I noticed my IB had stopped being paid in to my bank account, but I wasn't told why. There had been no change in my circumstances. I genuinely was not aware this meant I was being overpaid HB since I had not been informed by JCP of any decision stating I no longer had an entitlement to benefit. I spoke to JCP hoping for an answer, I was advised my IB might have been suspended because I failed to attend a work capability assessment, I was told they would write to me if this was the case. About a fortnight later I received a notification from JCP which I informed me of a change in my Incapacity Benefit. The letter stated my benefits were due to be adjusted and will shortly increase “due to the annual rise in benefits”. I also received a new HB/CTC “Benefit Decision Notice” from the LA. I assumed this was in relation to the changes in my IB which I had just been informed about, and the reason for the recalculation on this LA letter was stated “Annual Updating”. To this date, I have still not received any written explanation why my IB payments had suddenly ceased, even though I was told I otherwise. This error was made even more confusing and distressing, especially after receiving correspondence to the contrary fact, actually confirming the amount I was expecting to be paid. I have been sent an invoice for overpayment of £1,890 (which I cannot afford up front). If this is entirely my fault then as unfair as it may be, I am willing to pay it all back in reasonable installments. This will take a significant time to pay back, and I would question if it is even recoverable considering I had no additional income and all the HB received was required and used in good faith for the intended purposes (towards rent!) and think I may have even be underpaid. Any advice/experiences/suggestions etc very welcome. I'm very distressed and embarrassed I have not been able to sort this out, and just want to get it resolves ASAP so I don't face eviction.
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