ESA assessment rate still 15 months later

[Shelley181146]

A relative has approached me to ask for help with their ESA claim as they are still only in receipt of ESA at the assessment rate after 15 months.

 

From the information I have it appears that they were claiming as a sole claimant in their own right initially. Then she advised that she was in a relationship and the claim was adjusted to reflect and became a joint claim. During this time, in order for her to maintain her own N.I Contributions she was to attend a medical appointment with ATOS. However, the first appointment conflicted with a family court hearing and they sent out a new date. The second medical appointment actually fell on a Bank Holiday and I took her there myself and the doors were locked and no one was answering the telephones. The DWP made no effort of apologiy and a further appointment alledgedly was sent out, albeit was never received.

 

The relationship ended and she made a new claim in her own right in May 2014

 

From a timescale point of view, this relative has been on E.S.A. Assessment rate ever since and DWP have made no effort to arrange a new medical appointment for her. She has Mental Health issues and is unable to budget due to her capacity. This is causing severe distress and I am seeking your advice as to what legalities are available as ATOS are no longer involved. How can we get this situation moving?

[reallymadwoman]

First, have you spoken to DWP? You'd probably need your relative with you so they could answer security questions and give permission for you to speak for them. Be warned that when I've done this, the DWP operator has sometimes tried to continue the conversation direct with the claimant, so make him/her aware in advance that should this happen, they can just pass the phone to you and there is no need for them to respond.

 

Not so long ago, 15 months waiting for an assessment wouldn't have been at all unusual (I waited 2 years) but I though things had improved. If speaking to DWP (try to record the call if you can, if you can't note the date, time and name of the operator and follow up with a letter 'confirming the telephone call of') doesn't provide any information/progress then you might need to speak to the relative's MP and/or make an official complaint, all of which will of course take months.

[Shelley181146]

First, have you spoken to DWP? You'd probably need your relative with you so they could answer security questions and give permission for you to speak for them. Be warned that when I've done this, the DWP operator has sometimes tried to continue the conversation direct with the claimant, so make him/her aware in advance that should this happen, they can just pass the phone to you and there is no need for them to respond.

 

Not so long ago, 15 months waiting for an assessment wouldn't have been at all unusual (I waited 2 years) but I though things had improved. If speaking to DWP (try to record the call if you can, if you can't note the date, time and name of the operator and follow up with a letter 'confirming the telephone call of') doesn't provide any information/progress then you might need to speak to the relative's MP and/or make an official complaint, all of which will of course take months.

 

Thank you RMW.

I have previously done as you have suggested and all phone calls have been recorded.

I have got in touch with her MP and have spoken directly with a compalints manager at DWP who seems to have dealt with some of the issues we have outstanding. However, as always, some infromation gets lost in translation/communication and I will have to follow up again.

Things have improved in some areas but I guess its just about who you happen to get on the other end of the phone line when you call the DWP.

I guess I will just have to put my persistant hat on and get these clowns to sit up and listen better.

 

Thank you for your input.