Bl**dy F***ing B*st*rds

ally41

ally41

Well-known member
Joined
May 21, 2010
Messages
790
Location
UK
#1
A couple of weeks ago I was on a (relative) high having just won my appeal to be placed in the support group for ESA after over a year of horrific stress. Someone on here warned me that it wouldn't be for long as they were assessed again after 6 months.

Well how about after 2 weeks?? Record?? Despite the decision being made only 2 weeks ago based on newly submitted, i.e. current medical evidence, I now have to go through the whole bloody process again from scratch.

If that isn't enough of a viscious kick in the teeth, they have told me I probably wont be eligible for back payments, which would have been over £600. And on top of that, get this: "you may be placed back on basic rate assessment phase during this process" This would be a loss of over £30 p/week.

Any suggestions? Because right now I want to smash their windows and throw shit at them. Is this what they want? Because collectively, we'd be a lot more difficult to handle than a crowd of students, Anyone in?!
 
trombone_babe

trombone_babe

Well-known member
Joined
Jul 15, 2009
Messages
1,191
Location
Kent
#2
That's bl**dy ridiculous!! It might be worthwhile contacting the people that have sent your new form reminding them that you have only just finished the appeal process, are they SURE you need reassessing already (and if they hesitate then ask to speak to a supervisor)? It may be an oversight/admin cockup. If they insist you have to be reassessed then maybe complain to someone like your local MP. If they say no you don't need to be reassessed make sure you get something in writing. I don't know the position re the back payments, someone else on here may know, but it doesn't sound right or fair. But then since when was the system fair...?

So sorry you're having to go through this, I hope you're able to get some support to get a decent outcome.
 
ally41

ally41

Well-known member
Joined
May 21, 2010
Messages
790
Location
UK
#4
Employment and Support (Ha) Allowance. Replacing Incapacity - google 'ESA appeals' (which is what 70% of claimants are doing) you'll be pretty well clued in, basically a way of telling us we're all just lazy and to get out to work you slackers........
 
daffy

daffy

Well-known member
Founding Member
Joined
Dec 16, 2007
Messages
2,825
Location
hiding behind the sofa
#5
This is just ridiculous. Its red tape gone mad.Im sure what the government want is just for people to get so pi**ed of that they just give up fighting so that they end up losingrtheir benefits. Depending on who the MP is in your area i would suggest you get in touch with them
 
J

john2054

Guest
#6
Hi ally41, thanks for your advice. Well I think I have disability benefits for life given when I fractured my neck over ten years ago. I think they messed up your case though :-(
 
ally41

ally41

Well-known member
Joined
May 21, 2010
Messages
790
Location
UK
#7
Hey don't count on it, really....You appear to be able to use a computer so....mind your back (scuse the pun) and good luck when they move you onto it. They have found people with severe learning difficulties fit for work, it is indeed a world gone even more mad than it already is. Sadly my new MP is now a Tory and hasn't even had the courtesy to reply to me.
 
J

john2054

Guest
#8
Hi ally41. I also suffered a bad head injury and have been in hospital for over a year on this latest admission. That should put things in a better context for you. Please don't let this governments meddlings make us fall out ok?
 
ally41

ally41

Well-known member
Joined
May 21, 2010
Messages
790
Location
UK
#11
Hi John, I know I'm pissed off at the moment but it wasn't meant to be directed at you! Sorry if it came across that way. Thanks Del
 
delatext

delatext

Well-known member
Joined
Oct 30, 2010
Messages
1,021
Location
astroverse
#12
Hi. Ally you are very welcome and lots of us share your anger and concern at this mobs injustice toward the ill !
as john says let us know how it goes and how we can help all the best
 
R

Roger Waldram

Well-known member
Joined
Nov 1, 2008
Messages
901
Location
33540 Caumont, Gironde, FRANCE
#13
Dear Ally & Delatext,
I used to work as an Employee Welfare Advisor & from that experience I would advise 'Don't get mad-know the law & the case-law!'. When you politely point out what their rules say, & what the case-law says & ask 'how come' they've done what they've done you may well find you're talking to a manager. Repeat your argument and the law & hopefully when they've checked that they'll change their minds. Knowledge is power & the more you have the better!
I used to find the disability alliance handbook a godsend to gain the knowledge. Also from their site here's a link to local benefits advisors http://www.disabilityalliance.org/f26.htm . I found their advise excellent in finding out what your rights and remedies are & also whether you're 'flogging a dead horse' & are stuffed as you might say-at least if you are you can save fruitless energy & use that energy for the new review.
Good luck & bear in mind that there are advocates who will help you out there.
All the best,
Roger
 
delatext

delatext

Well-known member
Joined
Oct 30, 2010
Messages
1,021
Location
astroverse
#14
Hi, Ally I get the Disability hand book every year and you're right it is great plus the Alliance is a great umbrella group fighting for
justice, unlike a lot of other mental health charities to meek and silent, I agree we have to have knowledge to fight our corner
all the best Del
 
Bikerbabe

Bikerbabe

Well-known member
Joined
Mar 19, 2010
Messages
193
Location
East of England
#15
Hi ally41, thanks for your advice. Well I think I have disability benefits for life given when I fractured my neck over ten years ago. I think they messed up your case though :-(
I am not sure anyone is safe. The Government is moving everyone from incapacity onto ESA over a period of time. They are currently working in Scotland and I think somewhere in Lancashire. They now look at what you can do not what you can't do. They may still say to are not able to work, but don't guarrantee you won't need to go to at least one assessment when they get round to your geographic area. Sorry to be doom and gloom.
 
M

MikeBach

New member
Joined
Dec 1, 2011
Messages
1
#16
Dear Ally,
I created the non SPVA sections of the WhyWaitForever website ... yes it goes on and on. It took two years and two months to agree that I should be in the Support Group though after 6 months or so they paid me the Support Group amount for reasons that are still a mystery. Remember Atos appears to have a plan of deny and delay. During that time I had request after request to once again complete an ESA50 form. Each time I emailed Atos and the DWP (ring to ask for their email address as they do not publish it and/or email the executive to forward). I appealed against their harassment. Finally I emailed them a "cease and desist" of their harassment of me. Write to your MP. I have published the Contract between the DWP and Atos claimants who contact their MP get special treatment. Chase again and again for compensation. Did they have a mental health specialist advisor to decide whether you needed a face to face assessment?
Check the credentials of the advisor. Following the Prof Harrington Inquiry the DWP are supposed to ensure a specialist in mental health conditions are present. Request the assessment is carried out in your home where you can have a witness. When they turn up check on the GMC site for their credentials.
Always use moderate language. Never accuse without evidence. Instead say "a reasonable person would think these are a callous and cruel bunch delighting in the abuse of those with mental health medical conditions". Never give in to being called a customer or client, you are a patient or claimant if you will.
Nil desperandum.