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Help required with ESA


sja75
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What are their powers?

 

Being with them for awhile now. The guy who who has dealt with me is leaving (he has being quiet easy going). Although he is handing me over to his area manager next. Does anyone have any tips on managing them, keeping them at bay or advice on 'playing the game' with them. Thanks

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Hi HB

 

So I correct in thinking I will be back paid from week 14 to current date if the tribunal is a success?

 

Also should I contact the court as its being sixteen weeks of so I sent back the docs requesting a hearing? Thanks

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Hi HB

 

So I correct in thinking I will be back paid from week 14 to current date if the tribunal is a success?

 

Yes. It may take a few weeks for them to do this. But you won't lose any money.

 

if you attend the tribunal, then you can put your case forward. I believe you have a higher chance of winning.

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Hello Speed freak

 

That PDF was just a load of office type talk. I didn't really understand it tbh.

 

Can I ask please what elements of that are applicable. It was a mass of info and I couldn't pick out its highlights applicable to my situation.

 

Apologises if I am a bit thick. Could you please help further. Thanks

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Ny....

 

Does that apply to me? I was on JSA prior to ESA. ESA was granted July 2011 and I was placed in the thirteen week period thereafter. It's being on going since. ATOS assessment was in Nov last year. That failed. Nil points. Appealed. That failed. Applied for tribunal. Got docs from the court in April. Still awaiting to here from them with a date to attend. Thanks

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I wouldn't hold your breath over hearing from the tribunals service [court]. Depending on where you live, it can take months to have your hearing because of the number of appeals being heard.

 

I don't remember anyone here ringing and getting information while their hearing was pending, unless the guys know differently?

 

HB

Illegitimi non carborundum

 

 

 

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Wow HB...

 

It's like waiting on death row (that was a joke, I apologise)

 

I don't want to call up the court to check its progress. I was advised that within the tribunals letter it may take upto thirteen weeks due to the high volume, as you referred to.

 

I did acknowledge that I wanted a hearing. But I didn't send additional info to them, e.g doctors letter. I just returned it based upon ATOS findings and the appeal letter. Even the guy at CMP1 typed out my appeals letter!

 

Have I done anything wrong? I wish I had found these forums sooner.

 

Thanks for any advise.

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Hello.

 

I see that you have had answers to questions 1,2 and 3. In relation to question 4, the answer is that you should not apply for a Community Care Grant. By your own admission you now have the items that you wanted to apply for, courtesy of your tax rebate. I can understand you feeling aggrieved that others may have received one based on the element of benefit they were in receipt of, but this is would not justify applying for something that you no longer need. In answer to your question about the legalities, you would be committing fraud if you gave a false declaration in order to benefit by applying for monetary award in respect of items stating that you do not have them when in actual fact you do. If however you require other items that you do not possess and that a community care grant can help with then by all means apply.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hello Erika

 

I hear you.

 

Although it has upset me considering what I went through. That tax rebate did save me.

 

As I say I applied for CCG it got refused. At the time it was genuinely needed. My housing officer couldn't believe I was refused stating she had never saw this refusal before.

 

Yes I am upset. Those months were horrible when had nothing.

 

It's not right. I have worked most of my life. Yet when I was in the hostel it was full if ex Cons. They moved out the hostel, they got ihelp, I didn't. How is that fair?

 

I have no intention to defraud. Not at all. However I welcome your advice and I shall evaluate what, if anything, I could claim.

 

Once again thank you for your consideration.

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Don't worry about the delay in a tribunal. My first Tribunal took 2 years, then was cancelled due to their error and a new one arranged which took another 13 weeks.

 

You will definitely be back paid. When our appeal was granted, we were back paid for every week that we missed out on the work related component, which left us with a nice little payment. we then got a second back pay a week later for the extra 13 weeks too. These arrived approximately 2 months after the tribunal took place.

 

With regards to attending the tribunal, if you have anyone who can go in your place, you can appoint a reference to go for you instead. But you have to give them written permission. They can be arsey though, and pretty much demand it's you who shows up.

 

If you illness is so severe you can't make it, due to the stress and anxiety, if you call them you can request that the tribunal takes place without you there. You would then have to post them all your medical documented proof that your illness is what you say it is, and a letter from a medical practitioner explaining why you can't make it... a sick note may also suffice. The tribunal would then go ahead without you, but obviously, you're less likely to win then because you can't defend any objections they raise. But don't feel that you HAVE to go, it may be in your best interest, but it's not essential and if it would make you ill that's not good, and it certainly wouldn't be good if you had to drink in order to show up, and showed up under the influence of alcohol.

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That's just the point PYCODuck

 

My anxiety is so bad I have to drink to be even to go outside.

 

For e.g. I usually buy things in bulk. Then yesterday I ran out of tobacco. I had to get pzzd just to go to the local shop. Directly outside my front door, literally, 20 second walk.

 

I hear your advice albeit I am socially isolated.

 

If I attended I would most certainly need to be intoxicated. I can't leave my flat without being so. When I say intoxicated I mean not legless

I can control my movement to I appear normal and but speaking to strange people makes me stutter.

 

I don't know if I am making sense now.

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You make sense to me.

 

IF you're so socially isolated that you have no family who could attend for you, you may well be best taking the option to have them decide in your absence. Turning up intoxicated, no matter the reason, would almost certainly go down as a mark against you and may even lead to them not taking your tribunal and you forfeiting the appeal.

 

In your sick notes, does you doctor note your alcohol dependency? if so, calling the tribunals office and speaking to them, explaining that you can't go without the self medication but don't want to risk hindering yourself by showing up intoxicated at any level, they will be understanding, and will take that in to full consideration provided you can give a sick note that backs up the claim.

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Hi Psyco Duck

 

On almost every sick note I sent to the DWP the doctors remarks have being ALCOHOL/ANXIETY or ALCOHOL MISUSE or NERVOUS DEPOSITION. But mostly in reference to alcohol and anxiety, as per my last sick note

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Additionally my doctor wanted to give me meds for my anxiety issues when I first saw him. I told him about my alcohol use. He told me he couldn't issue meds due to my alcohol use. He suggested the alcohol team to reduce.

 

 

I tried the local alcohol team. They was ok to a point. I made some brief progress. I had a few meetings with them.

 

The final meeting with them broke me.

 

In a nut shell.... This woman asked me if I was doing this drink reduction program to get drugs.

 

The answer to that was yes, to treat my anxiety. But the way she put it was I was just there for drugs. I attended these meetings with what was then my Project Worker from the Salvation Army. Even she couldn't understand how she was. Note... My Project Worker always attended my doctors with me upto until leaving.

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HB

 

If your here.... Can you please remove all refs I have made to TP. I have being they monitor this. Many thanks

 

I'll remove the reference in posts not made within the last 24 hours and replace it with alternative wording that is not an identifier. I'll also remove references in other people's posts and where you've been quoted.

 

You are able to edit your own posts for up to 24 hours after they are made, so I will leave you to edit those ones as you require. Click on the 'edit' button underneath each post to do this.

 

Please do note that we do not normally edit member's posts when they request it without compelling reasons for doing so, however as you are new I'll make an exception. Please do read the forum rules though so that you are aware of these things.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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It's all in the forum rules

 

You may find this useful: How do I...? A guide to using the forum Some of it is outdated with the introduction of modernised software, but most of it is still applicable and you will find it is similar for other forums.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi Erika...

 

I just didn't realise.

 

I have edited what I could.

 

Stupidly I didn't realise that they can read this.

 

Now I know. I won't make the same mistake again.

 

Now I feel dumb....

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That's ok, everyone starts somewhere. When I joined a forum for the first time, it took me about 3 days to figure out that I was actually able to post my own threads! The guide to the forum is very good, it's a visual guide so very easy to follow.

 

Trouble is with the internet that most websites/forums are publicly accessible so anyone can read what's been written.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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