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Sick soldier in trouble..appeal or new application
- nixart
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12 years 2 months ago #79524 by nixart
Sick soldier in trouble..appeal or new application was created by nixart
I'am trying to help an old soldier with severe PTS, head injury, massive confusion and paranoa, chronic depression and understandably resulting Alcoholism.
During a period he cant remember and before I got involved it seems "somebody" filled out form (limited capability for work questionnaire) and then in his own writing got him to scribble a closing statement. We do not know by whom or where this form was completed. nor does he remember if he had a medical (they say he did).Not surprisingly he was refused ESA.
Doctor has provided an indefinite sick note but the DWP/Jobcentre immediately lost it even though it was faxed from Job centre.
I appealed against the esa decision and THEN found this fantastic site. I wrote immediately telling them further evidence would be forthcoming...an honest thing to do since he had since tried to committ suicide. This was maybe 6 wks ago..I didnt rush because I was expecting a delay while a tribunal was arranged..my plan was to provide a case well in advance and get him moved to a support group maybe without a tribunal.
Anyway today he receives an UNDATED and very intimidating and complex stack of all the papers and their calculations stating they have reviewed the case saying he does not reach 15 points and does not qualify for ESA. I think.
I would like to say my experience has been shocking and it is my opinion that gross deception and obsfucation has been taking place. Words are not strong enough.
Does he simply re apply for ESA ?
Looking at Forum FAQ maybe he insists that he gets a fair hearing at Tribunal...and keep this moving forward with an appeal?
NB. Housing benefit said that people on zero income dont qualify for housing benefit and that they must have basic income of at least 67.50. Got him on 'notional' status I think.
During a period he cant remember and before I got involved it seems "somebody" filled out form (limited capability for work questionnaire) and then in his own writing got him to scribble a closing statement. We do not know by whom or where this form was completed. nor does he remember if he had a medical (they say he did).Not surprisingly he was refused ESA.
Doctor has provided an indefinite sick note but the DWP/Jobcentre immediately lost it even though it was faxed from Job centre.
I appealed against the esa decision and THEN found this fantastic site. I wrote immediately telling them further evidence would be forthcoming...an honest thing to do since he had since tried to committ suicide. This was maybe 6 wks ago..I didnt rush because I was expecting a delay while a tribunal was arranged..my plan was to provide a case well in advance and get him moved to a support group maybe without a tribunal.
Anyway today he receives an UNDATED and very intimidating and complex stack of all the papers and their calculations stating they have reviewed the case saying he does not reach 15 points and does not qualify for ESA. I think.
I would like to say my experience has been shocking and it is my opinion that gross deception and obsfucation has been taking place. Words are not strong enough.
Does he simply re apply for ESA ?
Looking at Forum FAQ maybe he insists that he gets a fair hearing at Tribunal...and keep this moving forward with an appeal?
NB. Housing benefit said that people on zero income dont qualify for housing benefit and that they must have basic income of at least 67.50. Got him on 'notional' status I think.
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- Gordon
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12 years 2 months ago #79528 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Sick soldier in trouble..appeal or new application
nixart
What I believe you have received is an evidence pack from the DWP.
The DWP are required to carry out a Reconsideration as part of the appeal process, if they do not find in favour of the claimant, then they compile an evidence pack of all the evidence, forms, and testimonials that they collected.
This pack is then sent to the Tribunal Service along with the original appeal documents for them to convene a hearing on the case.
Your friend should have been receiving the ESA Assessment rate from when the appeal was originally lodged and should continue to receive it while they wait for an appeal. A Fit Note(s) covering the period from the Decision to when the Tribunal is heard is required, which may explain why no payment has been made, so you should resolve this issue as soon as possible.
If you have more questions, please reply to this thread.
Gordon
What I believe you have received is an evidence pack from the DWP.
The DWP are required to carry out a Reconsideration as part of the appeal process, if they do not find in favour of the claimant, then they compile an evidence pack of all the evidence, forms, and testimonials that they collected.
This pack is then sent to the Tribunal Service along with the original appeal documents for them to convene a hearing on the case.
Your friend should have been receiving the ESA Assessment rate from when the appeal was originally lodged and should continue to receive it while they wait for an appeal. A Fit Note(s) covering the period from the Decision to when the Tribunal is heard is required, which may explain why no payment has been made, so you should resolve this issue as soon as possible.
If you have more questions, please reply to this thread.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nixart
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12 years 2 months ago #79547 by nixart
Replied by nixart on topic Re:Sick soldier in trouble..appeal or new application
Succinct and helpful answer..thank you !
Not sure what a "fit note" is. He has an indefinite sick not that says he cant possibly work.
He has just received back payment on the reduced rate and I just need to ensure this continues. Looks like it will since this now seems to be going to tribunal IF this was an evidence pack. Certainly looked like one.
Following the 16 or so helpful descriptors I think he has an excellent chance of being put in a support group. Do I keep this as 'dry powder' for the tribunal OR put the case now and try get him straight into support group ? I say this because goodness knows how I can get him to a tribunal along with representation and I'am not convinced written representation only for the tribunal (or a home visit) would be ideal.
What a blessing this site is !! Thank you !
Not sure what a "fit note" is. He has an indefinite sick not that says he cant possibly work.
He has just received back payment on the reduced rate and I just need to ensure this continues. Looks like it will since this now seems to be going to tribunal IF this was an evidence pack. Certainly looked like one.
Following the 16 or so helpful descriptors I think he has an excellent chance of being put in a support group. Do I keep this as 'dry powder' for the tribunal OR put the case now and try get him straight into support group ? I say this because goodness knows how I can get him to a tribunal along with representation and I'am not convinced written representation only for the tribunal (or a home visit) would be ideal.
What a blessing this site is !! Thank you !
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- Gordon
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12 years 2 months ago #79549 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Sick soldier in trouble..appeal or new application
nixart
A Fit Note (formerly known as a Sick Note), or MED3 certificate is issued by a GP and certifies that the claimant is not fit to work for a period of time, this is not the same as a medical report which might also state that the claimant is not fit for work.
Your original post suggested that there might be problems with the DWP having received AND processing this. This is the most likely cause why no payments have been made.
If you have indeed received an appeal bundle, then the next action is for the Tribunal Service to contact you to confirm that you want to proceed with the Tribunal.
You can then submit evidence and testimonials to the Tribunal Service upto about 2 weeks before then, there is therefore no need to hold onto any evidence.
It is very unlikely, but not impossible, that the DWP will review this evidence with any rigour until immediately prior to the hearing, as a consequence you should not expect a new Decision to be issued before your hearing.
Our ESA Appeal guides explain this process in more detail and are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to have a look at our FAQs which cover both ESA and Appeals.
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444
Gordon
A Fit Note (formerly known as a Sick Note), or MED3 certificate is issued by a GP and certifies that the claimant is not fit to work for a period of time, this is not the same as a medical report which might also state that the claimant is not fit for work.
Your original post suggested that there might be problems with the DWP having received AND processing this. This is the most likely cause why no payments have been made.
If you have indeed received an appeal bundle, then the next action is for the Tribunal Service to contact you to confirm that you want to proceed with the Tribunal.
You can then submit evidence and testimonials to the Tribunal Service upto about 2 weeks before then, there is therefore no need to hold onto any evidence.
It is very unlikely, but not impossible, that the DWP will review this evidence with any rigour until immediately prior to the hearing, as a consequence you should not expect a new Decision to be issued before your hearing.
Our ESA Appeal guides explain this process in more detail and are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa
You might also want to have a look at our FAQs which cover both ESA and Appeals.
www.benefitsandwork.co.uk/forum?func=view&catid=10&id=70444
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nixart
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12 years 2 months ago #79550 by nixart
Replied by nixart on topic Re:Sick soldier in trouble..appeal or new application
That makes perfect sense thank you !!!
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