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TOPIC: I think my benefit has stopped.

I think my benefit has stopped. 2 weeks 2 days ago #174685

I spoke to the people at Newcastle last week. They told me they were going to suggest to the decision makers as I had given evidence as to why I can't attend a medical, further medical appointments should not have been sent to me.The lady also told me my benefit was still in place and not to worry I have not lost it.

I have heard nothing from anyone. I was told I would get a phone call before last Friday from the medical services, I didn't. I have had no call or letter from anyone.

I logged onto my bank today as I had a gut feeling something isn't right with my ESA. Usually the day before a payment goes in it shows up in the future payment section. Today there is nothing.

I have no idea if I am under some sort of reconsideration or if there is another issue. I will obviously check tomorrow to see if it goes in before panicking too much, but my question is who do I contact if I am not paid, please?

I am shaking and in tears. This whole process this time has been one mess up after another and along with everything else I am feeling terribly depressed. I lost my mum this year and I am not coping well, especially in the run up to Christmas. I have had one illness after another this year. I don't think I could cope with this too.

Any suggestions as to who I can contact if nothing goes into my bank tomorrow would be very much appreciated. Thank you.
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I think my benefit has stopped. 2 weeks 2 days ago #174716

  • Gordon
  • OFFLINE
  • Forum Moderator
LadyLuna

The only people who can tell you what is happening with your ESA payments are the DWP, you need to give them a call.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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I think my benefit has stopped. 2 weeks 2 days ago #174727

It has been stopped.

Spoken to DWP. Man was so very helpful and kind as when I get very stressed I lose the plot verbally with people and scream - all noted on my ESA50.

I am getting a call back either today or tomorrow morning from the Decision Maker. It appears the Decision Maker didn't take into account the detailed note the lady wrote last week as to my non-attendance at the medical.

It also suspiciously appears that medical evidence I got faxed over to a named person has disappeared on my file as the notes say "we were waiting for medical notes which the client promised and failed to attend the medical on the 9th November without good reason".

I have a sore throat and no voice from screaming so much.

The man at the DWP waited til I calmed down and stopped screaming and cursing. Not all DWP workers are bad, in fact most I have dealt with have been very kind and understanding people.

I will update you when I know more.
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I think my benefit has stopped. 2 weeks 1 day ago #174800

OK so this is the score.

Named person rang me and asked what I wanted to speak about.

Told her the whole scenario again as she said she hadn't read the notes on my file.

She declared I had failed to send in medical evidence.

She declared I had failed to attend an appointment.

She declared I had not answered the letter about why I had not attended the medical.

She declared I must now sign on to Job Seekers Allowance whilst a MR was looked at.

I told her I my doctors sent in the Medical Evidence to the Health Assessment Center to a named person, who confirmed with me that my medical evidence had arrived with her.

I told her I was told by the named person I would hear the outcome of the decision on a Home Visit in 3-4 weeks and as I had sent in evidence saying I couldn't attend a medical I wouldn't need to worry about appointments.

I referred her to a telephone conversation on a given date with a named person which was extremely detailed and was taken as my reply as to why I had not attended my medical. I asked the named person if I need to send in the form too, and she had stated "no, you have spoken to us and given a very clear reason".

I told her I could not sign onto Job Seekers Allowance for money whilst the MR was being carried out as I am not actively seeking work and I am not fit to work. She told me I needed to do this to get emergency money and we argued for nearly 5 minutes over it. I said we should agree to disagree because I wasn't falling for that old chestnut.

She told me no medical evidence was on file and she would ring the HAC. She got back to me to say the HAC had no file on me there and the named person wasn't in til Monday and she wouldn't be ringing her on Monday as the file isn't there.

I said that I knew the file had been returned to DWP and she said, "Oh well would you like me to look in there for the medical evidence?", I suggested that was probably a sensible idea.

She got back to me and the medical evidence wasn't in there. So it appears it has been "conveniently lost", in favour of DWP.

In between calls I spoke to my doctors who confirmed the medical evidence was faxed to HAC in early October. Having got the DWP fax number, I asked the receptionist if she could please fax it to the DWP stating the date this was originally faxed to the HAC.

They are not reading files or notes on files. Plus now sensitive medical evidence has been lost and I am being asked to commit an act of fraud by declaring I am actively seeking work and fit for work.

I told this person the DWP guy yesterday said I was to ask this Decision Maker to overturn the decision to stop my benefit. She said she couldn't overturn it just put it forward for MR. I asked if she was a Decision Maker and she said she was but was unable to overturn it as it needed to go to MR.

This is getting into the realms of victimisation as I am being lied to and misrepresented at all quarters. I tried to Google and ring the office where the Decision Maker was to try to confirm that the extra evidence had arrived, but it just says that the number is not recognised.

With all this information, can anyone now advise what I am to do please?

Will I automatically lose this MR?

Will I have to Appeal?

What happens now?

Thank you.
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I think my benefit has stopped. 2 weeks 1 day ago #174814

  • Gordon
  • OFFLINE
  • Forum Moderator
LadyLuna

Based on our experience on the forum I think it unlikely, but not impossible for the MR to re-instate your ESA, if it does not then you still have the option of an appeal.

There is nothing more that you can do until a Decision on your MR is made.

You are entitled to claim JSA, legally you are currently Fit for Work and doing so will have no impact on your MR or an appeal. If you do then you should be able to present a Fit Note and be excused from any Job Search requirement for up to 13 weeks, your claim must be accepted before you do this.

You can try involving your MP, but the MR is a legal process so they may be reluctant to interfere, but may be able to push for a quicker result.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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I think my benefit has stopped. 2 weeks 1 day ago #174831

I can bearly walk Gordon, so it would be very foolish of me to agree I am fit to work and can actively seek employment, regardless of the legality. I can't get to the Job Centre and have no idea how far the nearest one is. I am rural.

I am prepared for the MR to fail - after all, the Decision Maker wasn't actually interested in trying to solve this, only to prove I didn't send medical evidence and I didn't attend deliberately.

I will be visiting my GP ASAP. I will be unable to attend my Specialist appointment in December and my physio next week without money. This will mean my health will get worse.

I already have depression. Thanks Maximus. Thanks DWP.

I can't see how losing medical evidence is acceptable working practice?

She told me 10 days for an MR decision, though I gather it will probably be longer?
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