Esa- advice needed- my story so far

Hi lollyred1

I too have CFS/ME & was fortunate enough to pass my ATOS medical for ESA earlier in March.

I used the guides from this site for physical & mental health when completing my form & gave detailed replies to all the q's on separate sheets of paper with my name & NI no. & attached them to my form. I'm sure that if you kept a diary as suggested & used the guides to help you, you should then be able to provide enough evidence to convince the tribunal. I don't see a specialist but am part way through CBT at the CFS research & treament unit at King's in London. Too soon to say if it is having any real effect.

Good luck with your tribunal & getting the money back you are owed.

maggie

I have spoken to the dwp again today to find out again why im not being paid any money and they said that as i was paid £34 on the 31st july last yr for my claim placed in Feb it meant i was not entitled to any money for my claim from the 29th july. Surely if i had been entitled to money in feb i would have been paid it then and not in the July i think they have done this to prevent me having any payments or am i being silly?
Im sure im not going to get through this and get the result i want deserve

I have just spoken to CAB again and they were told i had the payment of £34 in the feb so not sure who is right or what even is going on still.

Hello lollyred1,
Sorry if I may sound like the prophet of doom to your situation. Please beware that getting arrears from DWP needs a real fight.
I am saying this from experince. The DWP was owing me about 2k and half for the reason similar to yours. In my case they said I should get the money from my JCP and yet they did not indicate this in their letter to me. When I rang and asked why I was not told this the reply was: "it was not necessary". Three wks later there was no payment made still. When I rang them again a man told me that all payment had been made and if I was not happy with it then I should seek help from CAB since I told him I was sick to have long conversation over the phone. Can you imagine this? He concluded that I should be satisfied with the ESA money being paid then. {I was a HGV driver before becoming sick and my wkly pay anyone can imagine it. And here am being told that I should be satisfied with the forth nightly ESA payment}. I just kept my cool and went to see the CAB the following day. [The good news was that the said amount was clearly indicated in their letter to me.]
The CAB tried to recover this money on my behalf for two mths invain. Reason being that each time I went to see them I was being seen by a new staff and the DWP took advantage of that and continued to say the cheque issued could still be in the post; I should be patient. And the CAB staff also supported them and say I sholud give (DWP)them more a couple of weeks. This was coming to 5 months since the tribunal had made decision in my favour.
On hearing this, I requested the CAB staff to give me a solicitor to handle the case. Their reply was that those they had were fully booked. So I politely requested them again to give me lists of solicitors in my area who deal with welfare benefits and I was give; to my relief. To cut the whole story short, after two months dealing with the solicitor my arrear was eventually paid. Shame on them (DWP)lol.

Well i am off now to my tribunal will let you all know how i get on x

lollyred, dont' keep us all hanging as we've all been rooting for you. How did the Tribunal go?