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TOPIC: Feels impossible

Feels impossible 6 years 11 months ago #13799

Hi,

I posted over the summer in detail my rama being called for a medical and failing it. Well, I got onto a local disability charity to help represent me at appeal. We got the medical report-a work of fiction which would be funny if it wasn't so hurtful-the times read "began 10am ended 10.26 am report completed 1030am." In this time however the good doctor was able to predict that I should make a substantial recovery in 12 months! My psychiatrist and GP got a good laugh out of that.

Today the DWP called,sai they didnt have my appeal form. I explained that when I rang to inquire about appealing I was specifically informed that I should write a letter stating only "I wish to appeal". I did, sent it, proof of postage, guess what? It doesnt count as it's not an appeal form! So I sent one of those off, guess what? They've lost it!

I got off the phone to find a letter stating my DLA has been stopped due to the evidence of my ATOS medical.

I am filling in another GL24, am up to four pages of complaint already, but I just feel so worn out, I'm convinced they've decided I'm a fraud because I'm doing my course and they're just going to faff and lose paperwork and bully me and bully me until I lose it completely and en up in hospital, when I will be refused ESA because I can set an alarm clock. I don't know what to do and just want to scream, two years clean from self harming looks like going down the drain. How badly hurt would I have to be to score another 5 points? How many sleepless nights would it be worth? How many panic attacks? Crying fits? Palpitations?

I am sending the GL24 special delivery tomorrow and ringing the office every five minutes until someone assures me the form is in hand and has been transferred onto the system. My benefits advisor is not back until Wednesday. I just don't know if it's worth it.

I was declared exempt from the PCA and was told by the decision maker when I started my course that it would not affect my benefits. Now it looks like I won't be able to complete the course as the bursary is next to nothing and they have cut both my benefits.So instead of being a social worker, helping the system and paying a nice wedge of tax, I will be a professional mental patient living in a hovel with no chance of ever getting a decent job I can hold down. Good work, ATOS, can't have thieves like that around, can we? Is it even worth complaining that they didn't follow IB113 procedure, as if they had I would never have even had an IB50 sent, or is this just another thing they can do as they like?
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Re:Feels impossible 6 years 11 months ago #13803

Yes, we all need to realise that any correspondance with the Gestapo must be sent recorded delivery, as their arsenal of excuses for criminal neglect is bottomless! It pays never to assume that we're dealing with people with any principles, or interest in truth. (How else would the Mafia/politicians attain power?)

If you harm yourself, or even die, it's only they that will benefit, and I personally object strongly to pleasing them!

Keep fighting Emma! Never make any mistakes they can use, always get professional help (CAB) - and you will win in the end!

Best wishes,


Angelique.
Take care of all your memories. For you cannot relive them. = (Bob Dylan)
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Re:Feels impossible 6 years 11 months ago #13804

I honestly don't know how scammers can get away with it I really don't. HOW do they do it? It's far harder to get these benefits and all the hoo ha you have to go through than to get a job for them surely?

The sheer worry of whether or not you're going to get the points, the medicals, the waiting for the brown envelope sending stress levels higher than ever. Give me a good old job any day rather than go through this torture.
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Re:Feels impossible 6 years 11 months ago #13806

emma wrote:
Hi,

I posted over the summer in detail my rama being called for a medical and failing it. Well, I got onto a local disability charity to help represent me at appeal. We got the medical report-a work of fiction which would be funny if it wasn't so hurtful-the times read "began 10am ended 10.26 am report completed 1030am." In this time however the good doctor was able to predict that I should make a substantial recovery in 12 months! My psychiatrist and GP got a good laugh out of that.

Today the DWP called,sai they didnt have my appeal form. I explained that when I rang to inquire about appealing I was specifically informed that I should write a letter stating only "I wish to appeal". I did, sent it, proof of postage, guess what? It doesnt count as it's not an appeal form! So I sent one of those off, guess what? They've lost it!

I got off the phone to find a letter stating my DLA has been stopped due to the evidence of my ATOS medical.

I am filling in another GL24, am up to four pages of complaint already, but I just feel so worn out, I'm convinced they've decided I'm a fraud because I'm doing my course and they're just going to faff and lose paperwork and bully me and bully me until I lose it completely and en up in hospital, when I will be refused ESA because I can set an alarm clock. I don't know what to do and just want to scream, two years clean from self harming looks like going down the drain. How badly hurt would I have to be to score another 5 points? How many sleepless nights would it be worth? How many panic attacks? Crying fits? Palpitations?

I am sending the GL24 special delivery tomorrow and ringing the office every five minutes until someone assures me the form is in hand and has been transferred onto the system. My benefits advisor is not back until Wednesday. I just don't know if it's worth it.

I was declared exempt from the PCA and was told by the decision maker when I started my course that it would not affect my benefits. Now it looks like I won't be able to complete the course as the bursary is next to nothing and they have cut both my benefits.So instead of being a social worker, helping the system and paying a nice wedge of tax, I will be a professional mental patient living in a hovel with no chance of ever getting a decent job I can hold down. Good work, ATOS, can't have thieves like that around, can we? Is it even worth complaining that they didn't follow IB113 procedure, as if they had I would never have even had an IB50 sent, or is this just another thing they can do as they like?

If you sent a letter and as you say made your intentions clear that you wished to appeal that is normally sufficient. I would suggest that as the DWP claim to have lost your subsequent GL24 official appeal form, ask for written confirmation that they have refused to accept your initial letter of appeal. This will be necessary if there are any problems admitting your appeal in the future.

IB and DLA reports can be cross-referred to decide entitlement to these benefits/allowances. As your IB medical report has led to the termination of your DLA entitlement, depending on the content of the report, it may be arguable that it was of insufficient probative value to terminate your DLA award? The organisation who are assisting you with your appeal(s)will be able to advise you further in this respect.

You have stated that you were previously exempt from the IB PCA? Was it an exemption in accordance with The Social Security (Incapacity for Work) (General) Regulations 1995 Statutory Instrument 1995 no 311? If so, were you told that your exemption was being reviewed because if you were not, it may be possible that you shouldn't have been subject to the PCA?

If your condition has deteriorated since your PCA, you should make a further claim for ESA ensuring that your GP makes it clear on the sick note that it has in fact deteriorated. Accordingly, the whole process of determining your fitness for work will have to be repeated under the WCA. There is nothing to prevent you from making a claim while an appeal against your IB termination is pending.

Finally the procedure for the issue of form IB113 has changed since the introduction of ESA. Whereas previously it would be issued to your GP prior to the issue of form IB50, it is now issued in response to the IB50 depending on the answers you give. This is to bring IB procedures into line with those of ESA.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Feels impossible 6 years 11 months ago #13861

Crazydiamond:

When I initially claimed in 2007 I was sent a letter which luckily I still have, saying I had met the threshold of incapacity due to my specific condition. I have always presumed that I had therefore been exempted on grounds of severe mental illness. I never recieved any warning that this was being reviewed, even after I informed the decision maker that I was starting my course, and there was no warning at all, just an IB50 through the door. Is it possible this could be of any help?
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Re:Feels impossible 6 years 11 months ago #14218

  • Mary U
if you wrote only "i wish to appeal" then the letter would not be considered a valid appeal as it must have a reason why you are appealing and what you are appealing against. the advise that they may have been trying to give you was that you must put "appeal" in or it cannot be considered as an appeal. an appeal does not have to be on form GL24. If you did put more than "i wish to appeal" in your letter then the fact that it was not on form GL24 is irrelevant.
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