Re:- "No ESA for claimants who want to appeal"

WeDesign wrote:

Yesterday under this thread there was a discussion on the "Claimants not receiving payments whilst appealing".

It was suggested that it was to come into effect from April 2012.

A forum moderator posted that it would come in at the earliest April 2013 and would report back with further findings.

Is there anymore information on this available?



Regards.

There is nothing in the consultation document to say that payment will not be made at the assessment rate pending a revision prior to appeal, but conversely there is nothing in the document which suggests payment at the assessment in these circumstances.

A recent recommendation was made by Dame Carol Black who is a government adviser and indeed was also an adviser for the previous government (she "invented" the ridiculously named fit notes), so that claimants who wish to claim ESA will be forced to claim JSA until the work capability assessment is undertaken. This course of action would effectively abolish the assessment rate and consequently claimants/appellants would have to claim JSA pending the outcome of an appeal.

This in my opinion is a preposterous recommendation, as it is totally perverse and a contradiction in terms. It defies all logic and basic commonsense, because how can a claimant/appellant possibly claim JSA when they are contending that they are unfit for work through illness/disability, hence the appeal!?

Crazydiamond wrote:

There is nothing in the consultation document to say that payment will not be made at the assessment rate pending a revision prior to appeal, but conversely there is nothing in the document which suggests payment at the assessment in these circumstances.

A recent recommendation was made by Dame Carol Black who is a government adviser and indeed was also an adviser for the previous government (she "invented" the ridiculously named fit notes), so that claimants who wish to claim ESA will be forced to claim JSA until the work capability assessment is undertaken. This course of action would effectively abolish the assessment rate and consequently claimants/appellants would have to claim JSA pending the outcome of an appeal.

This in my opinion is a preposterous recommendation, as it is totally perverse and a contradiction in terms. It defies all logic and basic commonsense, because how can a claimant/appellant possibly claim JSA when they are contending that they are unfit for work through illness/disability, hence the appeal!?

Agree entirely - "preposterous" a good word. Unless of course this is just another carefully thought out plan, which has nothing to do with the needs of the claimant.

1] DWP saves money by not paying people whose appeal is ultimately unsuccessful - still the majority, I think.

2] We're being threatened with annual (or worse) re-appraisals for both ESA and PIP. I understand from the CAB reports that there are people on their 2nd and even 3rd round of apply-refused-appeal-win cycle, with the gap between application and appeal success being over a year. If all the money only came as a back payment, such people would find themselves with proper benefit payments for only a few months of the year - every year.

This regime will be a strong incentive to take a lesser award and not go without until a Tribunal hearing a year later.

4] It paves the way for removal of the assessment rate altogether.

All we can do it to pretend that we believe their baloney about "looking after genuine cases" and point out the problems. But the DWP has ensured that hearts and minds are only being reached via wallets.

It seems to me all this is costing the govt more on apeals/ATOS employees such as their GP/Nurse or whoever they wish to examine you and the subsequent paperwork employees etc etc. Surely what the govt say they are saving by chucking us all of these benefits they are lossing more in keeping these peoples jobs, and making more employees to do this rediculous amount of balloney.
Costs them more, surely. Or is this a ploy to keep themselves in employment.!!

Hello Gordon,
I'm getting totally confused now. What rate would we be on whilst we are waiting for a reconsideration before we can put in a appeal. Surely we would get something while we wait.
kind regards
Sue