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Support Group - Special Circumstances
- originaldave
13 years 10 months ago #43321 by originaldave
Replied by originaldave on topic Re:Support Group - Special Circumstances
kathy1 wrote:
agree with your comments about manners they cost nothing
I can understand your feelings on the attitudes of some benefit staff you have dealt with. They may well not be paid enough to care, but common courtesy costs nothing, and I am sure they are trained on customer care and if so they should not be allowing their own shortfalls to reduce a claimants self esteem.
Kathy
agree with your comments about manners they cost nothing
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- Helga
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13 years 10 months ago #43323 by Helga
Replied by Helga on topic Re:Support Group - Special Circumstances
Hi Kathy thanks for your message.
Wrongly I admit, but I wasnt too clear on the different groups within the ESA benefit. Initially my understanding for my tribunal was that they had refused my application based on the score at my medical and I was challenging that score. It was only when I recieved the call a couple of weeks ago saying that they had overturned the initial decision that I understood better the work related aspect. the confussion and anxiety set in as when referring to my medical evidence, its clear the advice is for me not to do this. my preferred outcome is to be placed in the support group as i do not want to be worse (health-wise) than I am at present which is worrying.
I have worked in a self-employed capacity for years as this was the only way i could work due to my health meaning my days/hours are so unpredictable for an employer. its only due to unforseen circumstances and additional health problems that I cant even manage this now.
Is that definite that I can use the same evidence? Is there anywhere I can get a reference for this would you know? I actually (in desperation) called the Tribunal court and they have asked my to send a letter to them for a judge to answer which seems extreame but will do if it helps.
I should have maybe made my comment a little clearer re benefit staff. I believe totally in being polite and respectful when speaking to any person but yes, maybe they office staff are not paid to care but they are working in an environment which is very emotive for many claimants therefore they need to be aware and act accordingly. Of course I understand pressures they must be under; short staffed, dealing with worried clients, possible outbursts etc.I too couldnt understand how my medical evidenece was not 'good enough' but had been the basis for a new decision. Voicing this contradiction (politely lol!) seemed to ignight the rudeness that I speak of! And yes, my still red, puffy eyes and banging headache is testiment to the upsetting conversation I had this morning.
I am feeling much better now and taking note of the 'congratulations' as I hadnt felt very positive. Thank you for your comments. this seems to be the only place to get clear advice.
best wishes
Wrongly I admit, but I wasnt too clear on the different groups within the ESA benefit. Initially my understanding for my tribunal was that they had refused my application based on the score at my medical and I was challenging that score. It was only when I recieved the call a couple of weeks ago saying that they had overturned the initial decision that I understood better the work related aspect. the confussion and anxiety set in as when referring to my medical evidence, its clear the advice is for me not to do this. my preferred outcome is to be placed in the support group as i do not want to be worse (health-wise) than I am at present which is worrying.
I have worked in a self-employed capacity for years as this was the only way i could work due to my health meaning my days/hours are so unpredictable for an employer. its only due to unforseen circumstances and additional health problems that I cant even manage this now.
Is that definite that I can use the same evidence? Is there anywhere I can get a reference for this would you know? I actually (in desperation) called the Tribunal court and they have asked my to send a letter to them for a judge to answer which seems extreame but will do if it helps.
I should have maybe made my comment a little clearer re benefit staff. I believe totally in being polite and respectful when speaking to any person but yes, maybe they office staff are not paid to care but they are working in an environment which is very emotive for many claimants therefore they need to be aware and act accordingly. Of course I understand pressures they must be under; short staffed, dealing with worried clients, possible outbursts etc.I too couldnt understand how my medical evidenece was not 'good enough' but had been the basis for a new decision. Voicing this contradiction (politely lol!) seemed to ignight the rudeness that I speak of! And yes, my still red, puffy eyes and banging headache is testiment to the upsetting conversation I had this morning.
I am feeling much better now and taking note of the 'congratulations' as I hadnt felt very positive. Thank you for your comments. this seems to be the only place to get clear advice.
best wishes
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- Suzy3
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13 years 10 months ago #43326 by Suzy3
Replied by Suzy3 on topic Re:Support Group - Special Circumstances
Well done Helga
I think one of the most important factors have not been mentioned re: WRAG - don't you get 12 months here before you are reviewed again?
In the support group - I believe it is 6 months and then another review/medical. I am informed the difference in money is approx £5 between both groups!
If and when you do attend a WFI, you maybe called to the first one and it is possible to have the others waived depending on how your illnesses/disability affects you.
Well done
xx
I think one of the most important factors have not been mentioned re: WRAG - don't you get 12 months here before you are reviewed again?
In the support group - I believe it is 6 months and then another review/medical. I am informed the difference in money is approx £5 between both groups!
If and when you do attend a WFI, you maybe called to the first one and it is possible to have the others waived depending on how your illnesses/disability affects you.
Well done
xx
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- Gordon
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13 years 10 months ago #43332 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Support Group - Special Circumstances
Helga
Just to echo Steve's words regarding your evidence. What you have been told by the DWP is rubbish, this evidence was used to make the decision in the first place and would as a result of this be relevent to any appeal you might make.
Suzy3
Legislation to be enacted in the next month, will limit the receipt of Contribution Based ESA to 1 year for claimants in the WRAG (not the Support Group), after this time they will be eligible for Income Related ESA , subject to a means test.
There are no specific timescales associated with either group, as to when a claimants case will be reviewed.
WFI's cannot be waived, although in some cases they can be deferred indefinately.
Hope this makes things clearer.
Gordon
Just to echo Steve's words regarding your evidence. What you have been told by the DWP is rubbish, this evidence was used to make the decision in the first place and would as a result of this be relevent to any appeal you might make.
Suzy3
Legislation to be enacted in the next month, will limit the receipt of Contribution Based ESA to 1 year for claimants in the WRAG (not the Support Group), after this time they will be eligible for Income Related ESA , subject to a means test.
There are no specific timescales associated with either group, as to when a claimants case will be reviewed.
WFI's cannot be waived, although in some cases they can be deferred indefinately.
Hope this makes things clearer.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Helga
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13 years 10 months ago #44156 by Helga
Replied by Helga on topic Re:Support Group - Special Circumstances
I wish you guys on her could work for the DWP!
Having further confusing conversations this week with DWP, they are adamant I cannot use or refer to my medical evidence in my appeal. when i explain that for me to appeal the decision, i have to refer to the doctors evidence, they still say no, i have to get new letters (a suggestion from them was to ask my doctor to change the date on his letter!).
I asked could they tell me where it states this and where can I find this in writing as I am receiving conflicting advice. they advised I get online, find the esa guidelines and it says there. i am about to check this out.
had an apponitment with the cab, showed them my doctors notes and criteria for 'support group - special circumstances' and with fresh eyes, he confirms i clearly fit into that catorgory as long as the info is current and correct. second thing i am about to check.
I have also now contacted my mp as being past from pillar to post and differing advice is making me look like this
Having further confusing conversations this week with DWP, they are adamant I cannot use or refer to my medical evidence in my appeal. when i explain that for me to appeal the decision, i have to refer to the doctors evidence, they still say no, i have to get new letters (a suggestion from them was to ask my doctor to change the date on his letter!).
I asked could they tell me where it states this and where can I find this in writing as I am receiving conflicting advice. they advised I get online, find the esa guidelines and it says there. i am about to check this out.
had an apponitment with the cab, showed them my doctors notes and criteria for 'support group - special circumstances' and with fresh eyes, he confirms i clearly fit into that catorgory as long as the info is current and correct. second thing i am about to check.
I have also now contacted my mp as being past from pillar to post and differing advice is making me look like this
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- Helga
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13 years 10 months ago #44158 by Helga
Replied by Helga on topic Re:Support Group - Special Circumstances
...also, when ive asked how many extra points was i awarded and how was that deciosion reached, i was told i a further 6 had been given (making 18) and when the lady from dwp read out notes from the comupter (the computer says 'no' lol!) it was words taken from a personal statement letter i had sent in not notes written/taken my my doctors. i have asked can they find out if the letters were actually considered because if not, surely i can use them to appeal. confused> join the club
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