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Esa- advice needed- my story so far
- lollyred1
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14 years 6 months ago #21008 by lollyred1
Esa- advice needed- my story so far was created by lollyred1
hi my name is laura i have currently been signed off work for over 2 year s with M.E my statutory sick pay ended on the 28th july last yr but since then i have not received a penny benefits i suppose i should tell you the whole story lol.
In the feb of last year i called the benefits advice line to see what i would be entitled to once my ssp had run out they filled in a form and it wasnt until the end i realised i wasnt entitled to any until the 29th july but by then they had sent the form.
I contacted ESA to inform them of the false claim but they said there was nothing i could do and to just not send in sick notes etc as they didnt need them.
Anyway the time came in July for me to apply and i was told i would not be entitled to any money until after my medical assesment which i had to wait 12 weeks for the outcome of my medical was i received 6 points although in the form she has put things like unable to prepare a meal as unable to lift pans and peel vegetables etc, and where i have said i am able to walk such and such she hasnt added that this happens only once a week at the most and that i have to rest for a day or 2 afterwards.
I visted the CAB to get help with my appeal and they were shocked i only received 6 points, Cab also said i would be entitled to the assesment phase amount whilst going through the appeal processs.
I sent off my appeal paperwork to ESA
I contacted ESA to find out about the money during the appeal process and i was told by 3 different people i would be entitled to it and it would be in my account on the following friday. Friday came and no money so contacted them again and i spoke to a lady who said there was a problem with there system and assured me nothing to do with my account and that i should call back today which i have done only to be told im not entitled to any money still as i havent been awarded anything up until now.
Has anyone else had a situation like this or can give me any advise on what i can do
My Tribunal is due sometime next month at which stage i will have waited a yr for a decision and any money
I have just been dismissed from my job within the nhs as they feel there are currently no jobs suitable for me and my condition
My m.e is worse now than it was a yr ago
Any help or Advise would be fantastic
worried about the whole money situation at the moment and feel like im fighting a losing battle
In the feb of last year i called the benefits advice line to see what i would be entitled to once my ssp had run out they filled in a form and it wasnt until the end i realised i wasnt entitled to any until the 29th july but by then they had sent the form.
I contacted ESA to inform them of the false claim but they said there was nothing i could do and to just not send in sick notes etc as they didnt need them.
Anyway the time came in July for me to apply and i was told i would not be entitled to any money until after my medical assesment which i had to wait 12 weeks for the outcome of my medical was i received 6 points although in the form she has put things like unable to prepare a meal as unable to lift pans and peel vegetables etc, and where i have said i am able to walk such and such she hasnt added that this happens only once a week at the most and that i have to rest for a day or 2 afterwards.
I visted the CAB to get help with my appeal and they were shocked i only received 6 points, Cab also said i would be entitled to the assesment phase amount whilst going through the appeal processs.
I sent off my appeal paperwork to ESA
I contacted ESA to find out about the money during the appeal process and i was told by 3 different people i would be entitled to it and it would be in my account on the following friday. Friday came and no money so contacted them again and i spoke to a lady who said there was a problem with there system and assured me nothing to do with my account and that i should call back today which i have done only to be told im not entitled to any money still as i havent been awarded anything up until now.
Has anyone else had a situation like this or can give me any advise on what i can do
My Tribunal is due sometime next month at which stage i will have waited a yr for a decision and any money
I have just been dismissed from my job within the nhs as they feel there are currently no jobs suitable for me and my condition
My m.e is worse now than it was a yr ago
Any help or Advise would be fantastic
worried about the whole money situation at the moment and feel like im fighting a losing battle
- Steve Donnison
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14 years 6 months ago #21019 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:Esa- advice needed- my story so far
Hi Laura,
It sounds like you have been treated very unfairly indeed. Unfortunately, it's beyond the scope of a forum like this to give specific advice about your situation.
From the information you have given there appears to be no reason at all why you shouldn't have been paid ESA from when you first entered the assessment phase. If there is a reason it clearly hasn't been explained to you.
All I can suggest is that you write to the customer services manager making a formal complaint about the failure to either pay you ESA or explain the grounds on which it has been decided that you are not entitled. Copy the letter to your MPs office and make it clear to the DWP that you have done so.
Then phone your MPs office and ask for an appointment if you are able to travel to see them.
In addition, go back to the CAB and ask them to find out why you are not getting assessment phase ESA and do something about it.
Good luck,
Steve
It sounds like you have been treated very unfairly indeed. Unfortunately, it's beyond the scope of a forum like this to give specific advice about your situation.
From the information you have given there appears to be no reason at all why you shouldn't have been paid ESA from when you first entered the assessment phase. If there is a reason it clearly hasn't been explained to you.
All I can suggest is that you write to the customer services manager making a formal complaint about the failure to either pay you ESA or explain the grounds on which it has been decided that you are not entitled. Copy the letter to your MPs office and make it clear to the DWP that you have done so.
Then phone your MPs office and ask for an appointment if you are able to travel to see them.
In addition, go back to the CAB and ask them to find out why you are not getting assessment phase ESA and do something about it.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- lollyred1
- Topic Author
14 years 6 months ago #21108 by lollyred1
Replied by lollyred1 on topic Re:Esa- advice needed- my story so far
Thank you for replying i have received paperwork today to say my tribunal is at the end of the month and i have contacted CAB again who have asked for me to take all my paperwork in tomorrow for them to look through they are also going to contact dwp about the fact i have received no money so far.
- lollyred1
- Topic Author
14 years 6 months ago #21590 by lollyred1
Replied by lollyred1 on topic Re:Esa- advice needed- my story so far
CAB unable to come with me to the tribunal but have given me some advise about what to expect,they are also looking into why i have not yet received any money
I really really want to give up im so tired and run down by it all the only thing keeping me going is my little boy, i feel in a very dark place at the moment and cant seem to get anyone to help me get through this. CAB advised i needed to get a medical professional to go through all my details and write there opion or to get one to put if i was to go back to work it would be detrimental to my health have made appointment with my nurse for friday but dont feel like im going to get anywhere
Sorry for being so down but not sure if i can take much more
I really really want to give up im so tired and run down by it all the only thing keeping me going is my little boy, i feel in a very dark place at the moment and cant seem to get anyone to help me get through this. CAB advised i needed to get a medical professional to go through all my details and write there opion or to get one to put if i was to go back to work it would be detrimental to my health have made appointment with my nurse for friday but dont feel like im going to get anywhere
Sorry for being so down but not sure if i can take much more
- Jeff1
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- Posts: 351
14 years 6 months ago #21597 by Jeff1
Replied by Jeff1 on topic Re:Esa- advice needed- my story so far
Hi lollyred 1. Why not try your GPs and explain all you difficulties you are having, inform them that you need supporting medical evidence (urgently). A lot of GPs will waive any charge in circumstances like you are having, If you have attended hospital there should be letters from them on your GP records. Best Wishes and Good Luck
- Gareth56
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- Posts: 454
14 years 6 months ago #21603 by Gareth56
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gareth56 on topic Re:Esa- advice needed- my story so far
You often hear of the CAB being unable to assist people at appeals so I was wondering if anyone has actually managed to get the CAB to assist them in one?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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