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SheffieldSY

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  1. This is no help right now but when any government body requires anything delivered by post, I always take it to the post office and get it delivered 1st or 2nd class recorded. If they provide a prepaid envelope, the Post Office will deduct the price of a standard 1st/2nd class stamp from the cost. The amount of notes/forms/complaints/appeals I've known of which "haven't arrived" - you'll probably find if you have to appeal at a later stage that the form will show up with a stamped date of receipt. I hope somebody else can help on how best to proceed.
  2. So - as far as this forum is aware, should the DWP accept the courts recommendation?
  3. She is definiely in the Work Related Activity Group. The letter definitely states "...recommends reassessment after 24 months" (corrected from "within 24 months"). In terms of the fact, it strikes me that the WRAG is the correct place for her to be. She has significant issues but she is working through them and optimistic about going back to work (ONCE THESE THINGS HAVE BEEN DEALT WITH!). Who should she be getting in touch with, the JC+ or the Tribunals service?
  4. Hiya, Helping my friend out once again with her latest ESA issue. After a pretty awful 14 months with no benefit or the 'assesment rate', my friend finally got to a Tribunal, where her score jumped from 6 points to 30 points. The tribunal placed her in the WRAG - which makes sense because her intention is to return to work - however the Tribunal recommended the maximum period of 24 months before reassessment in light of the serious problems she needs to tackle before that'll be realistic. Fantastic - I felt that was exactly the right result for her. I accompanied her to the JC+ this week for her first WRAG interview, and we found the JC+ hadn't taken notice of the 24 month recommendation, instead giving her only 12 months. The advisor explained this would mean she'd have to take part in the work programme - which would indeed be very difficult for her at this stage. My question is, can she appeal the JC's decision to give only 12 months? There was an 'error in pen' with the initial judgment paperwork where it was stated as "within 24 months" - this was quickly corrected to read "after 24 months" following a request from her Citizens Advice worker. Could this be the cause of the issue, or is there a precedent for the JobCentre just ignoring the Tribunal's recommendations? Could it be as simple as sending a fax off to the right place? Any help and advice would be appreciated.
  5. I've been helping my flatmate with her claim for ESA for 18 months now. When we both moved house, the JCP investigated us and found that we were living as a couple [ consumeractiongroup.co.uk/forum/showthread.php?324511-ESA-Suspended-(-quot-Living-with-Partner-quot-)&p=3598108#post3598108 ]. After several months of frankly talking to a brick wall, we finally got our local CAB involved. The CAB themselves said actually everything we'd done was good, and just gathered up a few more statements and forwarded them on. Within a couple of months, the JCP had reversed the decision - hurray... ...except in the meantime, my flatmate (the claimant) had attended a medical assessment, which she failed with a score of 6 points (she had previously attended an assessment and passed), so she was back on the appeal route. Oh well, at least she was now able to claim the assessment rate and be able to live to some extent. The CAB helped enormously again, getting the Doctor to write a letter - a note about this, the Practice Manager kept 'bouncing' the requests (on CAB headed paper) with a counter-request for £50. The claimant made an appointment with the Doctor herself who was not happy about the situation, and wrote the letter - apparently it's a common problem and the CAB will pay out if there's no option, but as a rule of thumb if this happens to you then go and see your doctor yourself, they tend to be more sympathetic. This was submitted with a request for redetermination - which resulted in the JCP adding 3 points for a total of 9 (all on the "Getting About" descriptor). Still not enough. Finally got a date, exactly around the time the Tribunal suggested she'd get an appointment. Two weeks to the day before Christmas. Another letter was written by the claimant's CBT therapist. The date came. [ youtube.com/watch?v=tbWXG6Ho4i8 ] This video really helped us both prepare. Entering the court was far from ideal - full body scanners, and the "waiting area" in Sheffield is essentially a cellar - "if you plead guilty" posters everywhere - not settling. If this is how things are going to continue, more appropriate facilities need to be sought. The Judge was an absolute credit to the British Justice system; friendly, taking her time to explain everything. The Doctor too was really good. The questions themselves were not that different to those asked at the Medical Assesment, but obviously a lot more professionally, and the doctor and judge both encouraged as much detail as possible (where the Atos monkeys obviously just assume whatever they like). I had a chance to put forward my comments - which I used to clarify some of the examples bought up through the cross examination from my perspective, along with a couple of things I felt had been left untouched. Again, the Judge was clearly keen to ascertain as many specific examples as I could give. Sent outside, longest 5 minute wait ever, back in - "we've upheld your appeal". YES! From 6 points initially, to 9 points at reconsideration to 30 points at Tribunal! They've also recommended to the JobCentre that they wait the maximum period of 2 years before reassessing. Can anybody confirm if that's from today or from the previous assessment? From my perspective - something has to be done about the Medical Assessment - it's wasting valuable resources at the CAB, with (real!) medical professionals and the courts. It's really not on. Just glad to have finally got to this stage, what a relief. Wanted to thank everybody who's posted their stories here and elsewhere before - really got my friend and I through the hardest of times. Fantastic resource - viva la web!
  6. A few days on and the situation's the same... if anybody has any information I'd really appreciate any advice!
  7. Hi, I'm the flatmate of a young woman who suffers from severe anxiety and claims ESA. Her family do not support her condition, and the condition itself means she doesn't have many friends/contacts so combined with the restriction on Housing Benefit to only support her on a 'shared' basis (she is under 25) she doesn't have a choice really about where she lives (we're both happy with the arrangement I should say, we get on well and it's beneficial for my finances too). We have lived at 3 separate addresses - first time moving because our fixed term tenancy was up, then because neither of us liked the area. Understandably, the Job Centre became suspicious of our arrangements, and sent somebody over. The Compliance Officer asked several questions about our living arrangements (separate bedrooms and bathrooms, split utilities, but we share some laundry and food for economy). This visit took place on September 12th. My flatmate received her ESA on the 13th as scheduled but did not receive any on the 27th. On October 1st, Sheffield City Council wrote notifying us that the JobCentre had notified them of a "change of circumstances" and that my flatmate was "living in a partnership" with me. She wrote to the JobCentre on the 15th, with no response, and again emailed somebody at Barnsley BDC who promised to write a letter last Monday - as of today there has been no written communication from the JobCentre whatsoever since the Compliance Officer's visit over a month ago. Today, my flatmate rang and asked what the situation was. She was told that "no decision had been made" and that there probably wouldn't be one until next week at the earliest, and all her written requests were being forwarded on to the decision makers as evidence!?! Now - I'm a full time student, I don't have much income but luckily the timing of my student loan means I've been able to cover rent and bills while my flatmate has not been paid. This can only go on for so long (and she understands this), and it really isn't much longer. It's all a significant stress on both of us - her condition has worsened as a result of the uncertainty and obviously it's quite a burden on me - sure I could say it's nothing to do with me her finances, but we are both jointly and severally responsible for the entirety of our rent month-to-month! Does anybody have a rough idea of how long these things normally take? Is it normal for her benefit to be suspended for so long and without and written explanation? The biggie I guess, and probably an irrational fear of mine, is there a risk that the police will start knocking on our doors? Can I do anything personally to contribute to the process?
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