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How long should we expect to wait for the out come of my fiances esa assessment

This discussion was created from comments split from: Hi, I'm Will Chadwick, a behaviour advisor.

Replies

  • Angel40Angel40 Posts: 34Member Connected
    Hi Will,
    Can you advise us please how long we should expect to wait for the out come of my fiances esa assessment? It took place 3rd Dec 16, its in the final process now. How long is that left roughly? An advisersaid its been advised support group. My partner is 43 male, diagnosed short term memory loss, depression, anxiety, insomnia, trouble with left side due to stroke. Do you have any idea? 
    Many thanks

  • Angel40Angel40 Posts: 34Member Connected
    Hi Will, forgot to mention my partner is type 1 diabetic too. He sleeps a lot and gets side tracked often 
    Many thanks


  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering

    Hello Angel40

    I would expect you to hear about whether your fiancé is entitled to ESA very soon. As in my experience a written decision is sent out around 4-6 weeks after an assessment. 

    When the decision is sent out, it will say if ESA will continue and if so what group of ESA your fiancé will be placed in. There are 2 groups, the work related activity group and the support group.  For the work related activity group a person will have to have regular interviews with an adviser about for example what help can be given to improve employment prospects once able to work again.  For people in the support group they will not be expected to attend any interviews.

    If you have not received your decision in the next week, please post again, as we can advise you what to do next, and what action you can take.

    Your post did not mention anything about disability benefits such as Personal Independence payments. Does your fiancé receive such benefits?

    Kind regards

    Maria

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • will22will22 Posts: 31Member
    Angel 40,

    I'm not best placed to answer your query regarding timescales for esa but it looks like BenefitsTrainingCo offer some good advice.
  • Angel40Angel40 Posts: 34Member Connected
    Hi Maria,

    Thankyou for that. I rang esa last week, only to be told "theres a back log. You will have to wait as long as it takes." Weve been on basic esa for 14 months... yes my fiance was awarded pip til Oct 2017 but had stroke number two last May and i reported a change of circumstances. My fiance went for assessment as now worse and he was only given 6 points so now back in appeal for the second year running. My mp is behind us all the way. So lost pip even though worse condition and lost my carers allowance and on basic pay. Any advice? I think esa is now 6/7 weeks.
    can i do anything?

    Thankyou
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Hi Angel40

    So it seems you have two processes going on at the same time, which must be very difficult.

    Basically, there's not much you can do other than to get some help with the PIP appeal to make sure you get the right decision. Generally, appeal tribunals are quite fair and quite thorough. Success rates go up a lot if you attend and so it is important your partner goes. You can go too to provide support. It can also help to get some help from a specialist. It is unlikely that a benefits specialist will be able to attend the hearing but even getting some help with preparing for the tribunal could make a real difference.

    I suggest you contact the Scope helpline on 0808 800 3333 to find out where the most appropriate services are in your area.

    If things change, let us know on this forum as we can advise on the technical side of things at each stage.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Posts: 34Member Connected
    Thankyou David. Yes had support from cab who did the paperwork. Mp is assisting for tribuneral. Has been a nightmare with esa and pip at the same time whilst loosing carers money.
  • izaiza Posts: 435Member Pioneering
    Hi @Angel40
    Can I ask for the role of your MP to support your case ?
    I represent myself/ my case against DWP without any support.
     I even did not get any free solicitor for my Tribunal case (writing hearing) .
    What does the MP do for you?
    Clap you in the arm and say yes fight for your rights ?
    Please explain the subject more if you can. For me MP are the Member of Parliaments so part of government. Who created the unfortunate changes to British system which pick on disable people ? Government - Member of Parliaments. I do understand that there are borders of thought between MP each value of aspects. 
    I just really wonder what does do your MP to help you than. 
    Please advise. 

    Thanks you and wishing you a nice weekend. 



  • Angel40Angel40 Posts: 34Member Connected
    [email protected]

    My local mp is going to do the submission to tribuneral and represent us ( my partner). When the court "bundle" gets to me mp is going through it with me to make to submission to tribuneral. Mp has also advised me to complain to dwp and ombudsman for cutting my partners money for no reason, when hes worse than previously awarded. Hope this helps you
  • Angel40Angel40 Posts: 34Member Connected
    [email protected] 
    Cab did manditory reconsideration for us and they.l do submission to tribuneral if you ask. They are fantastic
  • izaiza Posts: 435Member Pioneering
    edited January 2017
    Hi @Angel40
    Thank you for explaining. Many people tried to encourage me to go to MP before. But I did ignore them completely. I just like to deal whit things my own way. For my new appealing case I am using the free of charge solicitor from Local Law Centre and will have oral hearing this time as it is my last chance of straightening my rights from my point of view. 
    Wish you than good luck in your case or case of your partner. 
    Thank you for explaining and wish you nice weekend. 

  • Angel40Angel40 Posts: 34Member Connected
    [email protected], who is doing your submission to tribuneral? Many people use their mps, mine is brilliant and is fighting with me with dwp. If you want to fight you could get the ombudsman to investigate through your mp
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Hi @Angel40, and @iza

    Approaching your MP's local constituency office is often a good idea. Some MP's surgeries have really good people who will be able to help with the appeal submission and/or representing at tribunal.

    Law centres are also great if you have one in your area, as you do iza.

    Just to clarify, whilst either of these organisations may be able to help with the legal procedure of challenging a decision via mandatory reconsideration and then appeal, it's often a good idea to go through a separate complaints process as well. That's because both the DWP and the medical assessment companies (Maximus, Atos or Capita) often make mistakes, lose evidence/forms, are rude, don't make their systems accessible etc. 

    You have to start your complaint with the office or company you are complaining about, but eventually your MP can help you to escalate it to the Parliamentary Ombudsman. This is a good way of getting government departments to make up for their maladministration and as well as sometimes ordering compensation the Ombudsman makes recommendations for the future to help things improve - or that is the idea!

    Will


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Posts: 34Member Connected
    Hi Will. Thankyou for that information. That is exactly the path ive taken, whilst appealing as far as tribuneral ive also complained to the manager and director at dwp and then mp is helping to go to the ombudsman. My mp mentioned compensation too. Good to know im on the right path and taking the correct steps. Thankyou again for all the advice.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Great - good luck Angel40. I'm really pleased to hear your MP is so helpful. We need as many people to complain as possible to try to get things changed! So I know it is hard work doing all this, but it does help other people too. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Posts: 34Member Connected
    Hi Will. Yes it is very hard work and costly but i need to make a point for us and so many others. Im not having my partner go without because other companys deliberately lie. Its disgraceful 
  • izaiza Posts: 435Member Pioneering
    edited October 2017
    Hi Will, @BenefitsTrainingCo
    I am a bit tired by now. Since November 2013 I do fight for my rights. 
    I had case against my employer, than a case against my solicitor who I haired to put things straight with my employer. I used ACAS and Legal ombudsman than I have a case against one of the departments from Housing sector throughout Local ombudsman. Case against DWP in Tribunal and now again against DWP. 
    As you see in all that places I represented myself and manage all paper work myself. I am brilliant young woman who knows how to deal with paperwork so far. But fighting alone for the last 4 years made me really tired by now. I do not think I can more than that. Life is life and I have only one which is already disadvantage comparing to most at my age. 
    Thanks for recommendation and wish a nice evening. 
  • Angel40Angel40 Posts: 34Member Connected
    Hi Maria. Just posting back to you as you said to if i hadnt heard from esa? Not sure what to do, probably nothing?
    Thankyou Maria
  • eth5927eth5927 Posts: 18Member Listener
    i wish you good luck with this i wish my hubby could have an assessment we put a claim in for esa 14 weeks ago and have not even had a decision we are constantly being fobbed odd our local mp is involved we cannot do anything without a decision things are getting desperate now, once again good luck.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering

    Hello Angel40

    I am sorry to hear that you have not yet received a decision.

    From reading your post, as no decision has been in regard to you fiancé's capability assessment you have been stuck on basic ESA for 14 months. This is too long.

    It may be worth lodging a complaint.  This should be done in writing (and keep a copy of your letter), and make sure the letter:

    - is headed in large text ‘COMPLAINT’,

    - Your fiancés national insurance number is put down as the reference

    - Your fiancés full name, and address is detailed

    - explain that you are complaining as you have been on ESA basic rate for 14 months, and the delays in deciding whether ESA will continue and what group your fiancé will be placed in are unreasonable

    - Briefly explain the impact this wait is having on your finance’s health and well being

    - That you would like a decision to be made as soon as possible

    Send the letter to the office dealing with your ESA claim; this will be on any ESA letters you have recently received.

    It should take around 15 days for your complaint to be dealt with.

    Please post again if you need further assistance, or with the outcome of the complaint.  I hope that a decision will be made soon and that it is the right decision.

    Kind Regards

    Maria


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Angel40Angel40 Posts: 34Member Connected
    Hi Maria,
    Thankyou for the advice. I will now make a complaint to esa and let you know the outcome of it.

    Many thanks for your help and support.
  • Angel40Angel40 Posts: 34Member Connected
    Hi Maria,
    Many thanks for your advice. I was just about to write in and complain and we have recieved my partners award on Saturday. My fiance was awarded to stay on esa and has been put in Support group. I cant tell you the relief. Dwp made us wait 14 months.

    Thankyou for all your help and support


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