Section 102 and Schedule 11 Welfare Reform Act 2012 – Power to require consideration of revision before appeal
Section 102 and Schedule 11 of the Welfare Reform Act 2012 legislate for the following changes to the Employment and Support Allowance (ESA) and Disability Living Allowance (DLA) appeals process:
Under the new rules, due to be implemented from April 2013, claimants who wish to challenge a benefits decision will no longer be allowed to choose to lodge an appeal immediately.
Instead, there will be a new requirement for claimants to request a revision of the original decision from the Department for Work and Pensions (DWP) and have that request determined before launching the right to appeal to an independent tribunal.
Only once the decision maker has either issued a revised decision, or decided that they cannot revise the decision, will the claimant be able to lodge their appeal.
There will be no time limit on how long this process can take.
DPAC is very concerned at the harmful impact these changes will have on many claimants:
The new bureaucratic tier in the appeal system has the potential to cause confusion for many claimants and lead them to make the wrong appeal to the wrong people at the wrong time, leading to inevitable problems with the payment of their benefits. Some disabled people may even withdraw from the appeals process altogether. The current appeal system is already a highly stressful, time-consuming process, resulting in considerable instability in many people’s lives and finances. The addition of a mandatory review stage, with all the attendant uncertainties, can only exacerbate these problems. DPAC is not convinced that the addition of a mandatory revision stage will in any way increase the efficiency of the system.
This problem will be heightened by the fact that there is no statutory time limit for the revision stage. This could lead to indefinite delays to the process while the DWP revises the decision. There is already no time limit in the current system, so adding another stage can also maximise delays, with, once again, a corresponding adverse impact on the health and well-being of the claimant. This could be alleviated if there was a maximum set period for the review process. This would at least provide the claimant with some level of certainty.
Around 40% of all WCA appeals are currently successful with 70% sucessful with representation which is a damning indictment of the quality of ATOS Healthcare’s initial assessment. Tragically and scandalously, many people who have initially been found fit for work have actually died before the appeals process was completed. With the extension of the time frame for appeals that this change will introduce, and no perceivable improvement in the WCA itself, this number can only rise even further.
It is also unclear how the new process will deal with the payment of ESA during the new mandatory revision stage. Currently, a claimant appealing against a decision that they do not have a limited capability of work is able to continue to receive ESA at the assessment phase rate pending the outcome of their appeal. However, if the ESA Regulations are not amended, the position would be that claimants would have to claim Jobseeker’s Allowance (JSA), and therefore comply with all the conditions associated with receipt of that benefit, or face receiving no benefit at all. Many claimants with severe conditions would simply be unable to fulfill the JSA conditions and therefore face a very real prospect of destitution. This would be inhumane and lead to a catastrophic increase in the amount of distress, poverty and debt many disabled people already suffer from. The Government should therefore, as a matter of urgency, provide clarification on whether it intends to allow ESA claimants to continue to receive ESA at the assessment rate while they undergo the mandatory revision stage.
The fundamental problem is that the WCA process is itself fundamentally flawed and it this broken system that needs to be completely overhauled. The standard of the initial medical examination, and the information provided to the claimant on their WCA decision, need to be drastically improved before any needless tinkering with the appeals system is introduced.
The Government consulted on the implementation and operation on the appeals reform provisions from February to May this year. The consultation, though, did not ask for responses on whether the mandatory reconsiderations should be introduced. The Government revealed, in its interim response published in June, that it had received 154 responses to the consultation but indicated that it “does not propose to make any significant changes to the draft regulations included in the consultation document as a result of the comments received“. DPAC calls on the Government to publish a full response to this consultation as soon as possible so we can ascertain the evidential basis for this change and just how much support the proposed change has received from respondents.
With Thanks to Richard Woodward
admin2
looks like the nazi party is out to kill us all off and leave us penniless and destitute. 50s briton all over again.
More like 30s Germany all over again. Only now the sadistic bastards are more clever and know how to exterminate the unwanted population without the need for concentration camps.
I’m saving up my pills. I’m not going to play their nasty game and submit to being ground down and ground down until I can’t take it any more. I expect benefit changes to affect me from next year, and if I am not treated with the respect I deserve, that’ll be a sign for me to check out. If I have enough money in my account I will arrange for a headstone that reads “Fuck Cameron”, and people in the future can google to find out how the Nazis came back in 21st-century Britain.
So sorry to read comments of desperation….I am in same boat but would not receive much JSA as I receive a small pension from service( I read JSA will be or is means tested ) We need to attack, attack and attack again….in the courts, in Europe , we need to change the whole system in a lawful manner. I worked for 38 years and was a member of a trade union, as did many of other disabled people, so why cant the Unions support us now ? The Unions have nominated or friendly MPs within the Labour Party whom they could contact for support . The Liberals are looking for friends and causes, lets get them on our side and they are all in Bright
Ohh Keith, I feel so sad when I read comments like yours, because I have done exactly the same with the pills. But if we’re not here to fight, Cameron’s won, the twisted, nasty, heartless little turd. Makes me wonder where its going to end tho.Hasnt he done enough damage?? Hang in there mate, we need you.
I too, am saving up my pills. I have nothing to live for anymore. I am on DLA as I have both physical and mental health issues. I never thought I would see the day when a British Government – those who are supposed to serve the WHOLE of the country – and not just the idle rich – would become extreme right wing. Because that is exactly what they are. They are lizards, reptiles who can not be trusted. The whole lot of them have never had power before in their lives, and they never will again, after this. But they are making damn sure that decent law-abiding people, who just want the benefits that they are entitled too – benefits that they have WORKED FOR – suffer like never before.
How Clegg can go along with this is beyond belief. And, I did hear that some who are Conservatives have very grave worries about the cuts in housing benefits and the bedroom tax especially.
Only problem is that they are too afraid to speak out for fear of being admonished by the Tory leaders. I may be long gone before it happens, but there needs to be a major mass movement against this power-crazy bunch of public schoolboy multimillionaires, and get them OUT through a vote of NO CONFIDENCE!
Hang on in there Wayne.Don,t risk missing the day when Cameron, Glegg , Duncan (doughnut) Smith and their DWP and ATOS chums squirm, red faced in front of an Independant Enquiry. A long overdue enquiry that will reduce them and their policies to historys rubbish bin and bring justice to all those who have suffered as a result.
this is not worth taking tablets for, we join together and fight what this govenment
is doing. nothing stays the same forever this govenment will be gone one day.
Be strong Keith, I am not writing this for me but for you, have faith. I lost my job last-year not many of the twats I worked with stood up for me, the place has now gone bust and they are all out of a job, justice comes in many forms if you have FAITH. That stinking pile of horse manure Cameron will get what’s coming to him trust faith and boy we will then not laugh because we are better. If you took those pills do you really think a sorry arse of a human being like Cameron ……and the other would know or even care. Please look after yourself.
Take care Keith
Is this true. I have only just read this. My assessment is this week so my appeal would be in March. Are you saying that I will be left with no money? I have debts and payments going out of my bank each month. I am very worried about this.
Mistake. My appeal would be in April.
The DWP is already implementing a version of this revision. I had my medical in March and was informed in April that ATOS had decided that I was fit for work. I was told this by phone and told that my money stopped that day. I could sign on for JSA or appeal and I told them that I wanted to appeal. I was without money for five weeks while the DWP sent the papers to an adjudicator to decide whether I could appeal or not. It was only with the intervention of my MP that I received any money – and a letter to say that I could appeal but would be on assessment rate until then. I have my appeal at the end of November but dont hold out much hope of winning! At least the Nazis got rid of their disabled quickly unlike this govt who are going to kill us all slowly and painfully!
Thanks for this- Please try and take someone with you as representation at appeal ( e.g from CAB, welfare rights or a disabled peoples’ user-led organisation) We know that with representation 70% of appeals win
Please also prepare. I lost my first DLA appeal, because ‘my’ representative ‘expert’ did not prepare a case.
I won my second, because I based my own case in line with DWP case argument. I also prepared a 2 page ‘speech’ (4 minutes), which condensed my whole case.
The speech meant the panel got to hear my points (I gave them copies to follow), In case they’d missed anything before. It also meant they couldn’t dive straight in with their (intense) questioning.
Result? High mobility and middle care backdated two years. Most important? My carer can now claim his national insurance stamps, so at least he will get a pension when I am gone.
Never Give Up, Please. xx
Oh… And used same formula for ESA – went from ‘fit for work’ to support group on reconsideration.
Hi May,
Where did you find DWP case argument? My community legal service advisor has been hopless & I have been waiting to hear about CAB for over two months now …so have to do it myself
Thanks for your help
Alex
keep fighting x
hi i worked construction 4 many years bn self employed for over 30 odd yrs with exception off job b4 last paid 40 % tax for all of 80s for wot constitutes a reasonable lifestyle then when i had accident at work things changed goverment tried 2 get out off paying lcfw allowance stressful not the word id had to near enough clean me bank account out 2 below £6 000 b4 terd pay anything in benefits rent poll tax ect people in construction near enough built this country that how govenments repay hard working contractorsin this country shambles but tell you how i realy think would contain to many explesives
good luck every 1 dont consider the pills route sound people thats what they want death by installments keith they have won take on board what ever1 has said
“Currently, a claimant appealing against a decision that they do not have a limited capability of work is able to continue to receive ESA at the assessment phase rate pending the outcome of their appeal. However, if the ESA Regulations are not amended, the position would be that claimants would have to claim Jobseeker’s Allowance (JSA).” Well that really makes sense…not! Why would they make you claim JSA instead? its the same amount as ESA at the assessment phase. This really is a case of being bullied and harassed into work regardless of your health. In what way will this help the country get back on its feet. The Condems really are a bunch of Bully boy thugs, their Mothers must be so proud!
I agree Emma! I wonder what would happen if all of us who were refused ESA actually went on JSA and then couldn’t keep up with appointments or work-related slavery crap? Could this mess up the system? At least it would mean getting a bit of money for a while. What would it mean legally for the claimant?
My story in brief, ESA stopped, appeal failed, judge refused new medical evidence, told to apply for JSA, told to keep quite about health, got a job, collapsed after 3 days stressed out and full of Tramadol,lost job and driving licence for 12 months, ESA refused as I had not paid enough NI in last 12 months. Get nothing now.There must be a criminal law against what they are doing to people.
More or less the same for me Bill. At the JSA stage, I was so stressed out, I couldnt cope with it all physically or mentally, I got so depressed again and my blood pressure shot up to 197/95. Saw my Dr, who immediately gave me a sick note, which I handed to the jobcentre and they closed my claim ther e and then. PANIC. I had to live on something. So I reapplied for ESA, got a letter to say I will receive it from 15th Aug, its now 27th Sept and I have received…..A BIG FAT NOTHING as yet.They are still stalling it with paperwork.” Uhh hello, person with incurable illness that cant work, starving here”. Im sick of the whole thing. So far Ive had my family to help, but I cant keep asking them. Im not their responsibility. Not my fault Im sick? disabled. Cameron is welcome to my life if he wants it.
have you spoke to your m/p. its shameful whats going on.
Another silly rule is that if you are one of the few placed in the WRAC ESA yet bot you your doctors and any advocate feel you should be in the support group and you appeal the decision, you still have to attend the Work related activities!!! so what happens if you have a turn for the worst at one of these work activity sessions who is to be held account? I did an appeal for one lady who had had a stroke and was paraylsed down her entire R side and based on the assessment from Atos stating “no upper body disability” was placed on WRAC. If something similar this happens appeal due to incorrect information given by the assessor and complain to Atos in leeds, if
Bill (21 sept) the main causes to refuse medical evidence either the dates are not relevant to the time of the initial claim or is not relevant to the medical condition ESA is being claimed for or it was presented to the tribunal on the day of the hearing and they do have the right to do that but if any evidence was sent in good time (usually 4 weeks before hearing) it should be allowed if not you can appeal to the upper tribunal which unfortunately means writing to the 1st tribunal to ask for a written statement of reasons and why you wish to appeal their decison. You can see either CAB or take legal advice for this you have 1 month from their decision but it must be an error in law so it all depends on when they got your extra information
Hope this helps
Emma, when you appeal you should be given the choice of either remaining on ESA at the assessment rate or claiming JSA
if you decide JSA you have to abide by the JSA conditions regarding looking for work also if you win the appeal you get no higher backdated award
I hear a lot of DWP advisers have told claimants they have to claim JSA when appealing this is wrong!! it is for 2 main reasons this is done
1. false representation of unemeployment/sickness statistics
2. ESA administration is a total shambles and not fit for purpose ( and it was just as bad under Labour)
It depends on how much stress people can cope with I also believe the percentage of sucessful appeals is a great deal higher than the 40% we are told, my record before being laid off by CAB was 80%
I think the point would be that disabled folk can’t claim JSA, they can’t meet the conditions. What it’s really saying is there’s no benefits available but trying to make it look like there are.
Isn’t this something that is already in use for DLA Here in the UK?
Yes- it has happened to both my claims, both ESA and DLA. They insist on a “revision” first, even though, as my advocacy worker informed me, there is next to no chance of securing a different decision, so that you have to then go to Appeal. A complete bloody waste of time and very frustrating. I am now in for a long wait for 2 Appeals after waiting ages for the damn revisions!
This is disgusting. how does this gov think is equal rights for all. This is robbing Robin Hood and giving back to the rich
It’s already happening.
the only ‘help’ this government is providing to disabled people is a speedier move into their graves
governments kill people
ask the people of iraq; the hillsborough families; the famil of jean de menezes; disabled people everywhere
People are winning their appeals, so what does this government do? They try to put people off appealling by making the process more frustrating.
I used to feel quite stressed out and despondent about the ESA process. Now I just find it annoying. All I seem to be doing is fighting, instead of focusing on getting better and getting back to work. Oh well, if I’m going to suffer ‘death by ESA’, I might as well die fighting.
This is a really good point. They already reconsider decisions before starting an appeal – it’s done automatically. This new way actually increases paperwork, correspondence and manpower, as people have to arrange a reconsideration then arrange an appeal – rather than just the one lot of correspondence. It’s actually making the system more complex and wasteful.
The really dodgy bit is that people currently have to submit an appeal within one month of the “fit for work” decision. Hence many people simply submitting an appeal (with automatic reconsideration) rather than asking for a reconsideration first and not getting a response in time to appeal.
So are they going to increase the time limit on submitting an appeal? Or simply exclude everyone from appealing when their reconsiderations come back too late?
It is also a dirty trick to make people sign on to JSA or have no income. People will basically be forced (on threat of homelessness, starvation etc) to make a claim for JSA where they have to sign documents stating they are fit and willing to work full-time.
Then they are in the position of either (a) losing their appeal as they have declared themselves ‘fit to work’, or (b) facing penalties for falsely claiming jobseeker’s allowance when unable to work. Either way, they can then be done for benefit fraud and sanctioned of any benefits for years.
It’s sick and twisted.
I think in fact there just won’t ever actually be any reconsiderations. You die quickly from having no ESA or JSA or you die slowly from being sanctioned on JSA. I’d think that’s the plan. If they can’t profit from you, they have no use for you. Remember there was a tv show about farming on a while back, there was a bit of an outcry cos they just shot perfectly healthy young foals right after they were born as they had no use for them? That’s us, that is. That’s who we are. We were herded off the common lands where we lived centuries ago into towns where we had to work in their factories to earn a living so they could make a profit. Now there’s no need for us. Like the foals, we’re excess stock and they’re getting rid of us starting with the weakest first. We’re entering a terrible phase in history. Many won’t survive.
*previous comment in response to Kasbah
The problem is that the “consultation”, like all government consultations, is merely a formality to give the illusion of the democratic process. We are in a pure fascist system now, with identical corporate parties. There is no point in deluding yourself, as I have myself for a long time, into thinking otherwise. The question is how to remove it since there is no availability for the fascism to be altered through normal democratic means.
well we might as well lay down as once they take away your benefit they can hold you up indefinent how nice we all go quietly through hunger and no foor over ones head lovely they beat the nazi party hands down for this one jeff3
What really gets me here is not only the abhorrent cruelty of the government but it’s also the apathy of the people. There is something seriously wrong with society if they take to the streets over a film that says something mean about religion yet they won’t protest for the people who in a lot of cases won’t have any means of protesting for themselves….
No-one knows this is happening and they wouldn’t believe it if you told them. People won’t want to believe it.
Never forget, never forgive, and above all, never give in . . .
ive had the care componant of my dla rejected on appeal ive got mental health issues and need a carer now i cant have one and dont know how ime going to cope
you must go to CAB and appeal against this.
Tiddard, what rate of care DLA did you get? a general rule is that
you can’t physically cook of follow istructions to cook a meal = low rate care this may be rejected because “you can sit down from time to time” but the criteria states a “varied diet” so if you need to use knives or other utensils that could put you at risk you can appeal that also if you need supervision or guidance you can appeal on those grounds
remember Guidance/support can be either physical or emotional also the phrase “watching over” can be used in this context for middle rate care it’s usually for a sustantial abount of the day things such as
prompting for self grooming or making sure any medication needs monitoring etc. for high rate care it usually needs someone to be an almost constant source of support OR on regular occasions needs to be awake at night on avaerage 20 mins or more in an hour to make sure you are ok
Care component for physical issues are a different matter
Get a letter from your GP or anyone who has provided any support to you
I’m already isolated in poverty and ready to take my pills,
after reading that outragous 100% agree uve got to fight fight everything everyboby went 2 cab about appeal yolk said sigh off with dr back on to jsa when got job put donation in box bloody cheek slippd disc degenerative spinal condition sciaticia lambago bn signed of by 7 drs plus back consultant physio
cameron you have my life pal any day again keep fighting 1 and all kind regards rick
I went to court for not reporting a change in circumstances they stopped my DLA care and motobility i have tried to re – apply but the turned me down based on the evidence of the DWP fraud office. i thought once i went to court and was found guilty they could not bring it up again
my wife has d v t s if she is made to go back to work and dies can i take the atos asseser
to court for manslauter
l have a personality disorder when kept out of stress l am ok but when under stress l become a danger to myself and others at the moment l get D.L.A. and E.S.A support group but l fear when l am recalled by atos and have to renew my claim for D.L.A l will lose both benefits what can l do l do not have a carer as l go to a challenging behavior rehabilitation clinic and this means l can not work with anybody from the N.H.S l know when the new rules come in for the premiums l stand to lose £200 a month but what do l do when l lose my benefits all together J.S.A will put me under stress no money no family for support this is a worrying time David Cameron you really have not thought this through l have been in prison before due to stress related problem and when l got out l swore if l ever had to go back l would end my life l can see this happening in 2013 so thank you Mr
I’m desperate to find out where i stand. I am claiming for the first time and have had to send my case to appeal and i have been told it will be a face to face. That is fine but i have a 8 to 10 week wait which will take me into the new year but should happen before the changes from DLA to PIP in April. does that mean i’m claiming DLA to then have to have it reviewed and changed again to PIP if I am successful? I’ve suffered for 14 years with spinal problems had surgery, after returning to work things over the years have only got worse and thought i’m right to claim but its making my health worse with all the worry of changes and to even if i’m going to get it. these changes are right in one way as it will stop people claiming that shouldn’t be but not fare on people like me that have done everything this dame government has told me to do and now i cant even walk and no surgery is possible. it’s bloody crazy.
Has anyone heard from Keith since September? Keith, if you’re reading this, how are things now? Pls post or email if U want to talk to someone who listens and won’t interrupt . M
Its pathetic. I left my job last year as I was too depressed to continue. My health was suffering and I kept having thoughts and attempts to kill myself.
I gave myself a serious injury when self harming in September which needed hospital treatment and left me in a bad way. I was given no help or advice on benefits I could get and only recently realised that I could claim ESA for that time.
As a result of things and now being in debt due to having no money since leaving my job, my depression has become worse. Combined with my anxiety, I suffer that bad that I have sleepless nights filled with worry and when I finally sleep have no motivation to get out of bed, I don’t even wash my clothes or cook for myself anymore.
I caused myself serious injury previously, so who knows if it carrys on I could do it again. Even my family hate being here with me as 1 minute i’m ok to them, then I just turn horrid.
My anxiety makes things worse because when having assessments and interviews, I am really nervous and feel ill so I will just try and get out of them as soon as possible to go back into my comfort zone of being alone.
Its going to be a really tough cycle because already they are going to believe I am fit to work. Then its going to be assessments and things to check up on me, when I am really bad with having to deal with people.
Hi…have read all your comments and I too am scared.I currently get high mob low car!! I work in a job that has been made easier for me but without my car i would not be able to get to work.. I won an appeal 3 yrs ago and got awarded indefinate. My illness is NEVER goinv to get better only stay the same or get worse…i have MS. How stupid was i not photocopying my original claim letter…doh!! Could i get it from them so i just reapply ssying the same things? X
After being an inpatient at a Mental Health Hospital Iwas on SSP for 5 months before leaving work. Then I was “contributions based” ESA for 6 months before visiting the ATOL specialists. They of course found me fit to work!! As I am still an outpatient with various services and I have my council care worker they appealed on my behalf with evidence from a Qualified Psychiatrist who’s care I am in. My appeal failed and now I have to wait for the Tribunal service. So for the last 6 months (26 weeks) I have lost out on just over £20 a week which when you have access to nothing is so much money!!!!!! How long does it take for my case to be heard?
Also…having no choice to be on Contributions based ESA I cant even get a budgeting loan which would allow me to buy some socks, a coat. things people take for granted which I have not been able to buy for 1 year and 5 months!!
Technically I get moved to “income based” ESA next week – still on my appeal rate!!
Then I have to wait another 6 months before I can even apply for a budgeting loan… so that will be a total of 1 year and 11 months to be able to buy some clothes…
Is that fair??
I had an great job before (and hope to again one day) and paid in lots and lots and Tax and NI… Is this how the system is supposed to work?
Can anyone advise or explain why I am getting so royally screwed???
With thanks
Carl
Well… had my ESA Tribunal 2 days ago… went from 0 points to 18 points
Applied for community care grant in Jan when I went on to income based ESA.. turned down… Appealed…. turned down…. Went to Independent Review.. got a partial award. – good outcome
Basically I am saying… DO NOT GIVE UP
DLA Tribunal tomorrow – wish me luck
If you have a thorn in your side……….PULL IT OUT!!!! Bye bye Cameron!
I have been in touch with DWP about this.
The new reconsideration / appeal rule will not come into effect until October 2013.
You will NOT receive assessment rate ESA during the reconsideration period (which has no statutory limit, and could go on for weeks or months). You will receive it as back pay if 1) DWP decide that you really are not fit for work or 2) allow the appeal to go ahead. The real intention, of course, is to deter claimants from even questioning a DWP decision. You will get paid assessment rate ESA during the appeal itself.
When I asked DWP whether this would mean claimants would have no income at all during the reconsideration period, he replied, ‘They may be able to get JSA, and they have CTB and HB…’
1) JSA – Those who are genuinely ill will not be awarded JSA, because the people are JCP can only give it to those who are able to work and able to LOOK for work. They will tell you to return to your GP, get a new ‘fit note,’ and reapply for ESA. Do this if you can! Eventually, the whole system will grind to a halt and collapse.
2) CTB and HB – DWP are suggesting that you can live on money that is earmarked for paying rent and council tax. You’ll get into arrears with your rent and council tax, but at least you’ll be able to eat.
my son failed his medical assessment. has gone to CAB but been told they dont represent. and they dont think he will pass his appeal.
I am in the process of appealing against the decision to put me on esa, as i am dissabled andsuffer form chronic pain, i have been told that my esa has been.stopped because i have had mu 365 days of esa and wont get another penny event tho my appeal is now going to the trybunal stage. So i am now living on dla if aroun £89 a month and unless i am going to die within the next six months of cancer i would now be expected to have my husband pay everything for me. I have no dignity left and have been ao upset at this whole thing that i have thought that ending my life would be the only thing left dor me to do. Maybe the government and dwp would notice me then. Is this right, can they stop my benifit, i am desperate and at my whits end, please can u help answer my questions because i cant seem to get anywhere with the dwp. Thank you for reading this and i look forward to ur reply. Anita x
Ain’t that the truth the whole system is designed of course to make us worse to degrade us more and to heighten our already fragile health all in all he will of done in quite a % of us by the time he is done a great accolade for any ruler NOT war crimes can come back to haunt you and you better bet someone will take DC for unlawful ??? Against his people and let’s see him squirm out of that one like he did in the Levison enquiry where he was as guilty as the rest and should be on trail like the rest frankly lets hope his time is nearing an end although the alternative having been the instigators of WFR and so on aren’t particularily attractive either a long long period of hardship is undoubtedly about to follow for is all let’s just hope we all have the resolve to keep on going until change happens for the better
Https://www.facebook.com/groups/ESAdla.
iam a 59 yr old ex coal miner who suffers from osteo of the knees carpal tunnel vwf and lastly c.o.p.d. i have just been for an assesment and was awarded 15 points plus ? ,the benefit cleansers have put me on wra iam appealing against through principle not the money ,i get £45 a week ,i urge every one to forget about taking tablets but to fight this tory led goverment ,i know its gunna be hard for a lot of people but its the only way
I have just been informed that my ESA is to be stopped following an ATOS joke medical it was more like a game of Simon says can you do this can you do that . I have had a kidney Transplant following two and a half years of Dialysis I worked all through my Dialysis and returned back to work approximately 4 months after Transplantation .Last year I suffered with severe abdominal pain which was diagnosed as Pancreatitus I spent six weeks in hospital and I am still suffering some discomfort. My problem is with the medical how does a game of Simon say determine wether a person is fit for work . I am currently employed and do a very physical job I explained this to the examining Dr along with the medication that I am taking .No consideration was given to this or the side effects such as fatigue or tiredness .I am appealing the decission .
Last September I had an ATOS Assessment and was deemed fit for work after this assessment which when I got the ESA85 back was full of lies, an absolute tissue of lies about me. In October of last year I put in a GL24 to state that I wished to appeal against the decision to stop my ESA and the decision to declare me fit for work with 6 points. I have since had my ESA reinstated on the assessment rate until it is looked at again.
I have Spinal Stenosis, have had cancer twice, Osteoarthritis, High Blood Pressure and Motor Sensory problems beginning in December of last year whereby I can collapse at a moments notice because my knees give way.
I would love to work I really really would but I simply cannot work and not operation is possible for my back as the surgeons have stated that it is too risky and that I must now take Morphine but the strength has to be adjusted.
If I did not have a husband who works part time as he is ill himself then I would be destitute but we make do on what we can. We pay our rent and other bills and then what ever is left we eat. This whole government reminds me of a dictatorship whereby we have to abide and have no say in the matter. I won’t let this get me down and simply cannot sign on for JSA as I cannot work.:-(
I have recently had an assessment and had my DLA withdrawn. But they have disallowed it for the last 10 years and are now telling me I have to pay lots of money back.
I have relapsing remitting MS and because I haven’t had a full relapse for that long they are saying I wasn’t entitled.
I was left with nerve damage after my last relapse meaning I can’t walk too far, stand too long or lift anything heavy. I suffer from fatigue and my balance is poor. I have also had numerous problems caused by MS in the meantime any of which could have signaled a relapse which have meant I was unable to care for myself.
They knew my condition was relapsing remitting so why if they were only interested in the times I was actually relapsing was I granted it indefinitely when I first applied and I answered all questions starting with the sentence ‘when in relapse’
Can they actually claim all this money back from me on the advice of a man who met me for 30 mins, clearly knew nothing about MS and asked me nothing about the last 10 years ?
I have asked them to reconsider (they won’t have received my letter yet) but I received a letter telling me how much I had to pay back (it would take more than my lifetime !) and to contact the debt collectors – I am now very stressed which is making my symptoms worse !
Has anyone got any advice or has this happened to anyone else ?
Heather
Hi Heather. Might be an idea to contact the MS Society, their contact details can be found at the ‘mssociety.org.uk’.
All i can suggest is that you contact the Citizens Advise and your local councils welfare rights officer plus is there any one at the MS charity/association that can help good luck .
Quite simply, we have sadists in this coalition. Iain Duncan Smith has lost the war with the exploitive/slave work programme, and many retail outlets have dropped out of it, in case they are rightfully sued. Now IDS is fuming (typical narcissistic response) and wants to hinder the appeals process in retaliation. This very vindictive man is hell bent on causing as much anguish/worry as he possibly can to disabled/ill people, just to get his own nasty way. Be glad if all Tory/Liberals lose their seats at the next general election. They are truly vile.
Sarah , I am glad people are now becoming aware, we are dealing with NARCISSISTS. They have a tendancy to scapegoat and pick on the weak. Destroy even! No empathy, what so ever. Start smear campaigns. Everyone must stick together, come together, make sure everyone is O K has enough food etc. a shoulder to cry on. PLEASE anyone who is desperate please do not do anything silly. Become aware of what you are dealing with. I fear it will get worse before it gets better. The ESA end, and JSA start, is a DOUBLE BIND No win situation for people who are too poorly. Research!!!, get mentally strong, and find help if you are suffering. We must all stick together now, and fight!!!! Try to relax if you can, I know stress is bad for health, very bad!!!! This is a great informative website, bringing everyone together. Everyone here, no one must give up!!! Your life is worth fighting for!!!
very well said , to the people who are feeling weak stand up and be stronger there is always some one to help and support you lets fight back together . If people were strong enough to stand together years ago when the miners were out on strike it would have been so different now so lets all wake up and do some thing about it Now.
it was only the TUC and Labour Party under Neil Kinnock who didn’t stand up then, not ordinary people and union members who did
I have just had my review. Sad to say, they have decided in their ultimate wisdom to take me from indefinite to taking everything away. I have psoriatic arthritis and a heart condition, walking is very painful i cant sit for too long or stand for too long. My dla and my motability car gave me a bit of freedom. That has now been taken away, I shall be housebound and feel like stopping taking my tablets because what is the point if i am rarely going to see the outside world. I am being cut off thanks to the ever caring government – NOT. I hope these bastards never get in again.
It’s appealing against decisions – this is not America – even if workfare is coming in…
workfare is already with us
I don’t know how this government hold their heads up, with cuts to people whose homes are deemed too big, tax breaks scheduled in the next few weeks for those earning over £150,000 a year and major tax avoidance tolerated it’s shameful.
I’m just so thankful that we have such excellent people fighting back for us. They deserve a medal.
I think Ed Milburn is really growing into his role now and will make an excellent next PM.
i’m going through the appeal process, i have cervical spondylosis, i’m in constant pain, numbness in my hands etc and got awarded zero points. i am very stressed, in alot of pain, i get bouts of alapecia and currently have lost alot of hair recently and have thinning eyebrows. i don’t even know how long i will be waiting for a reply to my appeal and the whole thing is really wearing me down now and on top of that i feel terrible for having my condition
It happened to me 12 years ago under the old All Work Test. Refused benefits by incapacity benefits and then by JSA. Got nothing. Luckily wife was working PT and I had war disablement pension.. So we starved for a while. Then a few years later along came working tax credit. I started a business from home, keyboard skills only, and got maximum WTC.
I don’t know what the transitional arrangements are for WTC in which they will assume an income equivalent to Min wage. But at a push it might be worth researching as an alternative to destitution.
I to have many health problems. Psoriatic arthritis, chronically high blood pressure, and a few other nastys to add to the mix. My Atos Medical is on wednesday 6th 2013 in Devon. I feel very worried and scared about it. I have so many problems with my health that it is unbearable enough to live as it is. Then I see they are changing it again on the appeal process!. Everyday I awake sad and upset that I am still hear, The only thing that keeps me going is my lovelly wife and grown up children. before this illness I used to be a supervisor for british rail. Before it all got privatised. and I often worked 18 hour shifts and payed my taxes in for many many years. I have been ill for ten years and as time has gone on I have become deformed and look like I have Leprosy. Going out is very hard for me and being seen by others is even harder. If I am sent back to work I am done for. I shall not have the strengh to appeal. The only public transport I shall be traveling by is under a Train. When I get to the other side My first question will be. Why were this new government allowed to dispose of the sick and vulrenable in such wicked and insensitive ways. And I shall try and haunt them all. Peace out all
just contacted dla about my appeal all ready been waiting 6 months been told today 0/03/2013 that all the estamated times they have given out are wrong and they are implimating a new system and i could expect to wait another 12 to 18 months so its getting worse
Was there a reason my comments here were blocked? or at least someone else posted a comment after me and that has appeared?
Thankyou.
my husband blind in right eye & patially sighted in left due to glaucoma,he in constant pain due to blisters in eyes and cornea failure , recieved zero points and lost his appeal now claiming jsa jobcentre say it a joke even they can see pain he in he had a operation last week he constantly at moorfields in london, they say get legal advice what is point they having everyone off dla by 2017 it a joke
Plainly David Cameron and his ilk have no clue!!. how the**** are people with severe mental health issues going to cope, they bloody well wont!! and are the dwp going the make people aware of these changes in a manner that will enable them( or their carers) to act appropriately. and let us not forget that support services are dwindling in tandem. in other words. there will be less funding available for necessary adaptations to enable people to carry out work on a par with their able bodied counterparts. it will be more difficult ( if not virtually impossible) to seek legal redress for exploitation. case in point. a person was deemed”fit to work” said person was subsequently employed with pay for two days work per week. a few weeks further along that person was called into the office and told ” sorry we cannot continue to retain you as a paid employee but we can offer you a full time UNPAID position. “, now, there is a not so widely known clause in the ESA rules which states in essence that if one accepts a position as an unpaid employee. THEY LOSE THEIR ENTITLEMENT TO ESA!! what we are witnessing is a scenario I predicted publicly 4 years ago. my viewpoint was dismissed out of hand at the time. I don’t think it will be so readily dismissed today judging by the mounting evidence.
HELP.. i won my esa appeal on 15th may 2013 after waiting 7 months for it to be heard. i scored 27 points and was put in the support group and not to be assessed again for at least 2 years.Here i am five weeks later and they are saying they are considering grounds to appeal against the appeal judges decision. They wont tell me whats happening and im a nervous wreck as im afraid they are going to snatch away all my backdated money that i won. i have logged 32 calls to them, they promise me call backs but do not call me. can anyone advise me on what to do please, its making me more ill than i already am. thanks regards julie