IB to ESA assessment - never got appointment letters, missed assessment now a cutoff date for benefits.

[worried33]

If someone coulld please advise me on SAR I will make sure I ask for that so I get all the old addresses as I think I asked for the wrong thing.

 

Also I guessed I was advised wrong on the appeal money but I felt out of place to tell someone helping me I think they wrong.

[Rover87]

You just need to write a letter asking for all the information that is held about you - state you are making a subject access request. It may be helpful if you could specify what information you need i.e the address held on all relevant systems.

[worried33]

Does it have to be a latter and if so what address?

 

could I not eg. ring up or try to get from my local job centre?

 

it seems the post conveniantly loses too much stuff for these guys.

 

thanks for telling me what it stands for.

[worried33]

I got the letter confirmation now of the DWP decision.

 

I cant believe what I have in front of me.

 

The address is handwritten on the envelope.

 

The 2nd part of the postcode was scribbled out and rewritten, the bit scribbled out was the postcode given to my MP.

 

The envelope is identifiable as DWP with the code at the top left, I hope this is good evidence.

[worried33]

my written appeal was sent yesterday special delivery.

 

if I do a new claim for ESA can I send it in advance before waiting for this one to end?

[worried33]

I have the letter of evidence from my MP now for 2 days, the DWP say they have not recieved my appeal yet even tho was signed for on tuesday by someone.

 

Finally today I got a letter stating if I send in sick notes I will continue to get benefit/NI contributions. Is that a sign someone has done a U turn and I am going to get a new medical? or is that letter normal procedure?

[Nystagmite]

That's normal procedure. Although, some are told no such thing and are told to claim JSA - that's incorrect advice.

[worried33]

Well apparently I cant get ESA whilst appealing because of the reason (non attended medical) so this has added more confusion especially as they not processed my appeal yet.

 

It also doesnt say where these sick notes should be sent to.

[Nystagmite]

I think it's the address on the letter? Which should be your benefits delivery centre. (BDC)

[Rover87]

You will not be paid whilst appealing against a failed to attend decision. The letter you have is probably a standard one for appeals against failed medical assessments - so not applicable to you. Medical Certificates are not required either, they are only required for payments.

[worried33]

Well firstly they havent got my appeal confirmed again today. So what am I doing getting a standard letter for appeals when they havent even got my appeal and on top of that I am not even supposed to get it?

 

Does what I have posted in this thread not raised concerns?

 

1 - I didnt get appointment letter and I have been punished for not getting a letter.

2 - I have 3 instances of wrong postcode in the space of a month all declared irrelevant.

3 - I sent of written appeal and it got signed for by someone on the 6 march yet the DWP say they havent got it.

4 - The DWP bypass normal law and say they allowed to assume a letter has arrived. Of course when I send an appeal I cannot assume it has arrived.

 

My cutoff date to appeal by from the original decision is 15 march, I had a reconsideration on the 28 feb but the DWP said they havent a clue if that means 28 march is my cutoff date.

 

I have the MPs letter now as evidence as well.

 

Finally tho I managed to squeeze out of the DWP a fax number to use to resend my appeal so they can stop using royal mail as a shield. Sadly tho I do need to find a fax to use as I dont have one. Presumably as well if I try to use the job centre's fax I need to make an appointment first.

Edited March 12, 2012 by worried33

[worried33]

is there any stats for appeals against non attendance and especially when not represented.

 

Ultimaltely I know my reason is valid but the DWP are still playing hardball and told my MP again they sticking to their reasons that they say the letter was sent to me correct address (even tho decision maker admitted to me on the phone the address on DWPs system was wrong), which means someone has lied to me or my MP already. But at the same time since they are letting this goto appeal they must be confident they will win.

 

Am I wasting my time ie. noone hardly wins or am I doing the right thing appealing?

 

I do have the 3 seperate peices of hard evidence that the postcode was at the very least misread 3 times. I also have the fact that the decision maker told me after reconsideration that saying a nighbour gets my post would be valid and prior to that call I had sent in a written letter saying a neighbour did indeed get my post as its how I recieved the original letter telling me I was been kicked off. So I have evidence and proof of inconsistency from DWP staff but it all means nothing if the law is on their side and I get told tough luck if you dont get the letter.

 

I would like some sort of reassurance please as still feeling down, it seems as if the DWP have immunity.

 

I am claiming ESA again as advised but bad as well that they told my MP to advise me to claim JSA, withotu any mention I am entitled to claim ESA again, so that indicates their motivation. It will also be a bad day if the day ever comes I cannot claim ESA at all (probably if I lose a tribunal after a failed medical) as I am not well enough to sign on.

[cocoriver]

Hi not the same situation as yours, but similar in that, I had moved and informed the DWP my new address, for a year they kept sending mail to the old address, and only down to the fact that the person who moved into my old property passed my mail onto an old neighbor of mine who knew my new address, otherwise I would never have known they were using my old address.

 

I kept sending them letters telling them my new address, and yet they still kept saying I did not inform them, strange thing tho, the Housing Benefit department of course had the correct address, but they never once omitted they had been informed of my move to a new address.

 

Took a year to get them to update the address, I got my benefits ok thru the bank, but as I pointed out to them, if they had sent me a medical appointment letter, I may not have got the letter and missed the appointment. And would have lost my payments.

 

During that time the IR said I did not have any NI contributions for that period, because they showed the wrong address also. But I was getting benefits and could prove it. But funny thing, as soon as they had put the correct address in the system, I got a letter from IR saying Good news you have got NI credits for that year.

 

Total mess up, and they just never admitted I had informed them of my move and change of address many times even thu I could prove I had done and had copies of the forms, letters I sent showing my new address.

 

They never take blame, and admit they have made a mistake, it's always our fault.

 

Best of luck, try not to let it all get you down, the system is a mess and you have to stand firm and look after yourself.

[worried33]

Yeah housing benefit seem much more professional and polite. They have never been rude to me. Also my experience with deal with them over the past 2 weeks has been light and day compared to the DWP.

 

I handed in my documents to housing benefit last week, I rang them up today expected to be told I am suspended but they said they have already processed the change from what I sent on 9 march and the new letter is on the way to me.

 

They gave me a receipt and handed me originals back, in comparison the DWP refused to give me my original sick note back and even more worse they refused to give me a receipt when handing in my appeal to be faxed to birmingham, they also spoke down to me like i am ****.

 

The latest part of this nightmare is I currently cannot open a new claim for ESA because I never got my P45 and also they left my reassessment process open which is blocking a new claim been made. I also have to hope they can recognise they have my sicknote since they didnt give it me back so I can use for the new claim.

[cocoriver]

This was the first time going thru all of this for me, from failed medical to appeal so I had no idea what to do, and the DWP have not been helpful to me at all, hence looking around for a site like this to get some advice from others in similar situations.

 

When I was told I could appeal and I needed to do the GL24 form, an appointment was made for me at Job centre, which was a really horrible experience for me, long story, but the man I had to see, well, he was more interested in the tall girl in tight leggings walking past his desk than helping me. His words to me when I said I had come in for help with the forms, was 'I cannot think for you' when we finally got the form filled out, he went away with my papers and said he was going to fax them for me.

 

Something in side me said, get the originals back, he was reluctant to give me them, but I insisted, so I kept my original sick note and doctors report etc.

 

Luck I did, two weeks later I called DWP they said they did not have my appeal or paper work and I needed to send it all again. So I got it all copied and and posted it myself.

 

A week later I got a letter saying my claim had been received dated on the day they were faxed ? so I must assume it took 3 weeks for the papers to reach the correct person even thou they had been faxed directly to them.

 

I got a two letters a week after that, which I'm still confused about, I thought the DM was supposed to contact you and tell you if the reassessment had been passed or failed. But after I called DWP they said, I had failed the reassessment by the DM and was being passed to Tribunal and I should just wait for them to contact me.

 

But if you read the process notes on the DWP web it states the DM will call to tell you their decision ? seems to me they make it up as they go along.

 

I'm pretty worried as I don't have a clue where I'm at, or if I am required to do anything else at this point, and going by your situation, they don't care what you say.

[worried33]

Also I read somewhere on the procedure there is supposed to be a phonecall before medical's something I also never got. They clearly do make things up as they go along probably to suit their agenda at the time.

 

Likely now I will be ringing up at least weekly to determine the status of my appeal.

I have to ring to get my reassessment status fixed as a new claim is blocked. Housing benefit also told me they wasnt informed by the DWP my benefit had stopped, its my letter that informed them, according to them they see it happen a lot on IB/ESA closures but never on other benefits.

Like yourself the DM didnt call me on the reconsideration, I had to ring them, and I also had to threaten legal action as initially they wouldnt agree to a DM calling me back.

Also ironically my job centre that deals with IB/ESA claims is in a pedestranised area, good planning there.

 

Whether or not my money is actually been stopped I wont know until the 27th which is when I would normally get another payment, I expect it will be stopped but conveniantly they left the reassessment open to block new claims.

 

Also the amount I have spent on calls to the DWP is unreal, over £30 in a month. Lots of waiting for hours at a time and no 0800 local numbers. 0845 is not true local rate as its not inclusive in any of my call plans yet 011x numbers are.

[MIKEY DABODEE]

Worried I dont want to worry you anymore but

if you dont win your appeal by the 27th then your money will cease,

 

I do hope you win your appeal, a lot of people do win the fail to attend appeal,

but it can take some time.. for example I Processed one thursday they failed to attend last November,

but have just won their appeal, I reinstated the benefit Friday, like that person

if you win you will stay on IB/IS and they will start the process again.....

 

You may have to claim JSA as a stop gap

[worried33]

I cant claim JSA as I am not well enough to fit a signing on schedule.

 

My money has already ceased, its only theory it would maybe carry on but very unlikely as I have had a letter as well as been told over the phone the cutoff date.

 

Since it seems you work for the DWP maybe you can answer why my reassessment has been left open? as a result I have no P45 and a new claim is been blocked even tho I know legally I have the right to reclaim.

 

Good news a lot win tho.

 

The only way I could sign on JSA is if they allowed me to sign on via post or gave me flexibility on signing on days incase the day falls on one on my worser days.

[poollie1]

I cant claim JSA as I am not well enough to fit a signing on schedule.

 

My money has already ceased, its only theory it would maybe carry on but very unlikely as I have had a letter as well as been told over the phone the cutoff date.

 

Since it seems you work for the DWP maybe you can answer why my reassessment has been left open? as a result I have no P45 and a new claim is been blocked even tho I know legally I have the right to reclaim.

 

Good news a lot win tho.

 

The only way I could sign on JSA is if they allowed me to sign on via post or gave me flexibility on signing on days incase the day falls on one on my worser days.

 

You have to be available and seeking work to claim JSA, as you say you are too ill to work you dont qualify to claim JSA, could you not claim Income Support.

[Nystagmite]

You have to be available and seeking work to claim JSA, as you say you are too ill to work you dont qualify to claim JSA, could you not claim Income Support.

 

on what grounds? IS is for carers and single parents with the youngest under 7.

[poollie1]

on what grounds? IS is for carers and single parents with the youngest under 7.[/QUO

 

Yes I know that, that is why I said.... Could You Not??

[MIKEY DABODEE]

No the OP can not make a new claim to I.S as he has no condition of entitlement...

 

I wasnt aware that they send you a P45 when you close your IB/IS claim as it was credits only, as Income Support is a non taxable benefit...

If IB were in payment and ceased then yes I think you would get one..

[worried33]

I will be sending off my application form tommorow or wednesday depending on when I can get it posted. Apparently I can send it without the P45 so I am hoping for the best, there wont be a sicknote with it as the job centre refused to give me my sick note back so I will have to tell them on the form the sick note is already at the job centre and hope they find it. I got the feeling this will be far from a smooth process and I also have a feeling the medical booked will be a much longer wait than after the previous ESA50.

 

I assume for income based I Also need to send in copies of bank statements? (wont be originals as I wont get them back).

[poollie1]

No the OP can not make a new claim to I.S as he has no condition of entitlement...

 

I wasnt aware that they send you a P45 when you close your IB/IS claim as it was credits only, as Income Support is a non taxable benefit...

If IB were in payment and ceased then yes I think you would get one..

 

Sorry I dont see anywhere in the OP posts stating he/she is not a single parent or a carer?? agin that is why I said..Could You Not.... I apologise if I have missed something.

[MIKEY DABODEE]

the OP was claiming IS/IB if he had had another COE then his claim would not have ceased. we would have just taken out his IB and DP, and he would have carried on, as a Lone Parent or Carer.......

He has stated it in his thread