Employment Support Allowance stopped

[ANDYANDFLO]

Further to my original question, I have started preparing myself for the appeal.

 

I have contacted my GP surgery to obtain my medical records, was advised by the reception to have to do it in writing and she mentioned she did not know how long does it take, she thought it was 2 weeks.

 

I thought 2 weeks to obtain your medical file is far too long, is there anything I can do about it? I have to have my benefits reinstalled, have to hurry up with the appeal, otherwise I will be evicted.

 

Hi, yes we are all 'suffering' because the powers that be are trying their best to get the Welfare costs down to a more manageable level. If that means putting as many 'road blocks' in place - so be it! It would not surprise me that they will do away with the 'contribution' based claims altogether, and put everyone on one single 'Income Support' benefit which would pay the minimum with a proviso that those claiming JSA will have to 'work' for their pittance, whilst those that are sick will have to pass the medical. Failing the medical will automatically mean that the JSA type claim would come into play and you WILL have to work. Anyone failing to work as directed will have their benefit stopped. This idea of being paid ESA whilst waiting for the appeal would cease!

 

Geee - I do hope that I am wrong!!!!

 

Well those are my depressive thoughts today - and not much help to you.

 

By the way has your GP indicated that there may be a cost in supplying this info under the FOI Act? My GP charges for supplying this info as well as for writing any form of report. I seem to remember when I made my applications to the Area Health Authority and my GP that they have 40 days or so to reply.

 

Your ESA will be re-instated to the assessment level as soon as the appeal is received, you need not wait for the evidence to send in the apppeal.

 

Take care

[davina2]

OK 40 days is over too long, I would be evicted by then.

 

Is it possible that I can put in my appeal in phases, making an appeal without the supporting evidence and then providing the evidence later when it arrives?

[ANDYANDFLO]

OK 40 days is over too long, I would be evicted by then.

 

Is it possible that I can put in my appeal in phases, making an appeal without the supporting evidence and then providing the evidence later when it arrives?

 

Hi, Course you can. Just complete the form giving the reasons why you are appealing and send it off. When you get the evidence togther you can either send it to the DWP, or if they have already sent off your file to the Tribunal Service, send it to the Tribunal Service

[davina2]

Hi, Course you can. Just complete the form giving the reasons why you are appealing and send it off. When you get the evidence togther you can either send it to the DWP, or if they have already sent off your file to the Tribunal Service, send it to the Tribunal Service

 

Thank you. I have spoken to DWP today and they confirmed this.

They were unusually nice and supportive.

 

I have also spoken to my housing team and they also said not to worry, they put a note I am to appeal.

 

I am a little bit confused about the appeal process, does it always go to the tribunal, do they ever approve it/reconsider without going to the tribunal?

[antone]

I cannot believe, I've just spoken to my GPs surgery and they informed me that a letter was sent from Atos to my GP saying that I failed the medical test and they are advised not to give me any more medical certificates.

 

Tough luck, my doctor has already done that , he issued a new medical certificate.

 

Imagine, there is a GP who doesn't understand the system, and if someone comes to them and they do not get medical certificates due to that !

 

 

There's a lot of GPs don't understand the system, unfortunately. The letter doesn't "threaten" GPs, but it doesn't make it clear enough that they are required should the patient appeal the WCA result.

 

Quite a few seem to have interpreted the letter as an instruction not to sign Med3s. It's not.

[RaeUK]

Davina, as advised, you should return your form to the DWP asap stating you wish to go to tribunal. Then gather supporting evidence and send off. I did this - returned the form the same day as it was received - and had absolutely no break in benefits at the assessment rate. A Decision Maker will review the case and decide whether they can change the decision [unlikely] or send it to tribunal [likely]. There is then a wait of betwen 6 and 9 months or so...

 

Interested in your comment about the letter your GP received. Was it sent by ATOS or the DWP? Please clarify, mine was sent by the DWP...

 

Best wishes

Rae

[antone]

 

Interested in your comment about the letter your GP received. Was it sent by ATOS or the DWP? Please clarify, mine was sent by the DWP...

 

 

They're automated letters sent by the computer system, so they come from the DWP. As with many of these automated letters, they're not very well worded.

[RaeUK]

Thanks Antone, I was just curious as to how much ATOS are involved with the process. For example, the ESA50 is sent out by ATOS and returned to them. Which gives the impression that ATOS will review it and decide if a medical is required which, I think, should be done by the DWP...

Best wishes

Rae

[davina2]

The receptionist who read back the letter to me said the letter was from the medical test provider and I assumed this was from ATOS, she did not mention the name but said it was from the medical assessment provider.

 

Luckily my GP knows everything about this process and he said today I am going to be supported through the appeal process but he told me to triple the dose of my medicine and I guess this whole process is making people even more ill..

[sourplums]

Please read this article c/o Brighton Benefits Campaign and all will be made clear. It's probably the best I've ever seen.

Employment and Support Allowance: a new harsher test Brighton Benefits Campaign

Paul.

That's a very interesting read indeed, thanks for putting up the link.

[loan_ranger]

Cheers sourplums, I was on the phone to them today and suggested they may like to try copy/pasting the article in the comments section here Jobs and welfare | Programme for Government because on the coalition home page it says this:

Have your say

This programme is a historic document in British politics – it’s the first time in over half a century that two parties have come together to prepare joint plans in this way.

This website gives you the opportunity to enter public discussion on the programme. We’ll take all your comments and suggestions on board and publish the Government’s response to those policy areas receiving the most feedback.