If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Having difficulties logging in or resetting your password?


Please email [email protected]

ESA Advice asap

needing_helpneeding_help Posts: 7Member - under moderation Listener
Good evening everyone.

As this is quite an in depth post that covers a long time span, I shall try to be brief. Should you require clarification, I will answer asap to any questions posed.

2 years ago I apply for ESA.

Over 2 years later, I was still on the assessment rate.

Appointments are constantly cancelled and at one point, I do not hear anything for 9 months.
Of the appointments made, I have had to rearrange one and then as I became too ill to the point that I require a home visit, I have cancelled the last two. (No comments that I am only able to rearrange once by law. This is a DWP policy and not law)

The last appointment, my girlfriend called to state that I was too ill to attend. She is not authorised on my claim.

The gentleman at the corrupt and negligent CHDA stated that a BF223 would be sent out and would need to be returned to the DWP. This I receive on the evening of the 14th. The deadline on the letter is the 15th. To my understanding, I would have 7 working days to return it. However they have clearly factored in non working days.

Anyway, the day I am supposed to receive ESA, it is not paid so I obviously call. I am informed that the DWp took the phone call that my girlfriend made as reasons and disallowed my claim. They did this on the day she called. Add to that, my girlfriend, due to my immense MH problems, took the BF223 into the Jobcentre to have it scanned. I am informed that this was used as a Mandatory Reconsideration. They cannot do this and according to a Jobcentre employee, by dealing with my girlfriend who is not authorised, they breach the DPA.

They have used the BF223 as a Mandatory Reconsideration and claimed that I asked for a MR.

By disallowing my ESA, they have palced myself, an already vulnerable claimant at risk into further risk, as I am now having to give up the tenancy.

There were other circumstances in which I have further had a major deterioration in my MH, but since the disallowance of ESA I have self harmed again.

Over the past 8 months especially, I have encountered such vile and criminal conduct from the DWP and through a SAR, I have uncovered some disgusting and shocking revelations, but in no way surprising. One of which for example, is that the DWP/CHDA have sent my file via standard mail which is not tracked nor traced. In addition to the admission by John Hughes of Caerphilly Benefits Centre that my file went missing, I also have letters stating that it went missing. Yet a complaint regarding this states that at no point did my file go missing. This is from an investigations team.

I have been threatened by the DWP and CHDA. The CHDA have refused to investigate and now even claim that the call was not recorded. Hmmmmm???? All the other calls were, yet the DWP also submitted calls previously then tried to claim that the CHDA don't record them.

Anyway, regarding calls, I record all my dealings with them and by this steadfast position in recording all my dealings with the DWP has uncovered numerous lies and deceit by the DWP. This has however, now lead to them refusing to deal with me via Phone or Email. In our opinion, it's because they know that I have outright caught them lying and forcing me to deal with them in a way in whcih I am limited in contact and they can claim that letters aren't received. Even if signed for.

A home visit has been refused for literally a simple word. New Dr and process again for therapy.

Legal advice has revealed various violations of the Welfar Reform Act, Adult Safeguarding Law and Policy, ESA Regulations, Equality Act etc etc.

The Tribunal has even confirmed that as I did not ask for a MR, regardless of the fact that the DWP claim that I did and responded to it, that my appeal would not be looked at, as I can prove that I did not. Again all calls reveal lies and deceit by the DWP.

The above has barely touched the surface of what I have endured by these people.

2 years on assessment rate? The DWP claim no procedures have been violated? They did not investigate as to why I was still sending in sick notes? John Hughes contacted my previous care coordinator, who stated that I should be placed in the support group and that I need a home visit yet claim no medical evidence?

I am seriously struggling now and have felt suicidal at times.

I have a number diagnosees, which have been exacerbated by the DWP's conduct.

Thanks to anyone in advance for constructive feedback.

Replies

  • AlexAlex Posts: 1,325Scope Team Scope community team
    Hi @needing_help,

    Welcome to the community. I've moved your post to our benefits adviser category, so they can hopefully help you with your post. They are extremely busy at the moment, so I'm sorry if this takes a little while.

    I'm really sorry to hear that you are struggling. You're certainly not alone, and I hope we can support you in this difficult time.

    If you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at [email protected]

    If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.

    You might also benefit from reading MIND’s information on how you can help yourself.

    Take care.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    Hi and welcome

    So sorry that you are having this trouble

    What is your current position with your claim ?
    Do you receive PIP ?

    You seem to have all the evidence you need, so if you are not at tribunal stage I would suggest that you involve your local MP. This is the sort of thing they need to know about to change the system.
    Have you had any trained advice ie. CAB or similar ?
    I do realise that this might be difficult for you but I am sure that if possible it would be of use.

    Please come back with any questions and we will try and help
    Stay strong, you should not be in this position but you can win this

    CR
    Be all you can be, make  every day count. Namaste
  • needing_helpneeding_help Posts: 7Member - under moderation Listener
    Alex said:
    Hi @needing_help,

    Welcome to the community. I've moved your post to our benefits adviser category, so they can hopefully help you with your post. They are extremely busy at the moment, so I'm sorry if this takes a little while.

    I'm really sorry to hear that you are struggling. You're certainly not alone, and I hope we can support you in this difficult time.

    If you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at [email protected]

    If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.

    You might also benefit from reading MIND’s information on how you can help yourself.

    Take care.


    Thank you Sir. I appreciate that. Thank you. It did cross my mind after I posted it, that it would be better moved to another section.

    Thank you. I am really struggling. Panic, anxiety, OCD, depression etc. It's been a really crap 2 years.

    I have my girlfriend here who is a paramedic, so I feel safer.

    I just want to get better and get back to training, working and pursuing my career.

    Thank you for the message.
  • needing_helpneeding_help Posts: 7Member - under moderation Listener
    Hi and welcome

    So sorry that you are having this trouble

    What is your current position with your claim ?
    Do you receive PIP ?

    You seem to have all the evidence you need, so if you are not at tribunal stage I would suggest that you involve your local MP. This is the sort of thing they need to know about to change the system.
    Have you had any trained advice ie. CAB or similar ?
    I do realise that this might be difficult for you but I am sure that if possible it would be of use.

    Please come back with any questions and we will try and help
    Stay strong, you should not be in this position but you can win this

    CR
    Thank you Sir. i appreciate that.

    My ESA has been stopped. They claim that I asked for a MR. I didn't. I don't receive PIP. Still DLA.

    I have vast amounts of evidence that shows how negligent these people have been. Some of the calls are shocking. Especially when I have the letters to accompany them.

    I have spoken with the local MP. I just need to finish drafting a letter.

    I have had some trained advice yes and there has been a variety of violations, including criminal.

    Thank you. I appreciate that and shall do, as I am sure that many questions shall come up.

    Thanks again for the message.

    I hope that yourself and Alex have had a pleasant day.
  • needing_helpneeding_help Posts: 7Member - under moderation Listener
    I’d forgotten about this, but here to update. I approached the scumbag, Tory MP Kevin Foster, who did not receive evidence from me which I stated that I would do after he received a response from the DWP. He closed my case and has since ignored numerous requests and questions and even threatened me with legal action. I responded with fact and welcomed any legal action from him, as I could refute his claims with evidence.

    the tribunal are clearly bias towards the DWP and even though I never asked for a MR have allowed the appeal based on fraud committed by the DWP.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering

    Hi @needing_help

    Please accept my apologies in getting back to you on this one.

    I think that what I would advise in your case, and given the horrific ordeal you have gone through I'm not suggesting this will be easy, is to take a step back from all that has gone on, and try and get a clear picture of exactly where you need to go from here.

    I'm not 100% sure from your posts whether you are still receiving ESA or not? If not, then steps need to be taken urgently to get it re-instated, and if you are, but are still in the assessment phase, then perhaps it may be beneficial to have a new medical scheduled (I say 'perhaps' here, as if you are placed in the 'work related activity group', and most claimants are, the amount the DWP actually pay once you are on 'main phase' is the same rate as assessment rate).

    If your ESA has stopped, what I recommend, is that if you mental health has deteriorated since the last claim, and it seems from your posts that it may have, as a result of all this, then ask your GP to confirm this on a sick note, and make a new claim for ESA.

    If your condition is the same, then you will need to either ask for a late Mandatory Reconsideration (if you are still within a year of the refusal), or try to get the old appeal re-instated.

    What's happening with the case at the moment @needing_help let us know what you're on and where you're up to, and we'll get back to you with something more specific...

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • needing_helpneeding_help Posts: 7Member - under moderation Listener

    Hi @needing_help

    Please accept my apologies in getting back to you on this one.

    I think that what I would advise in your case, and given the horrific ordeal you have gone through I'm not suggesting this will be easy, is to take a step back from all that has gone on, and try and get a clear picture of exactly where you need to go from here.

    I'm not 100% sure from your posts whether you are still receiving ESA or not? If not, then steps need to be taken urgently to get it re-instated, and if you are, but are still in the assessment phase, then perhaps it may be beneficial to have a new medical scheduled (I say 'perhaps' here, as if you are placed in the 'work related activity group', and most claimants are, the amount the DWP actually pay once you are on 'main phase' is the same rate as assessment rate).

    If your ESA has stopped, what I recommend, is that if you mental health has deteriorated since the last claim, and it seems from your posts that it may have, as a result of all this, then ask your GP to confirm this on a sick note, and make a new claim for ESA.

    If your condition is the same, then you will need to either ask for a late Mandatory Reconsideration (if you are still within a year of the refusal), or try to get the old appeal re-instated.

    What's happening with the case at the moment @needing_help let us know what you're on and where you're up to, and we'll get back to you with something more specific...

    Kind regards,

    Mary



    Hello Mary. First off thank you for your reply.

    I'm unsure as to where I need to go. I've had no letter from the JC telling me what I can and can't do. i never received a letter stating that ESA had stopped.

    I'm not getting ESA anymore. It was stopped. I was unable to go to an appointment, one of 2 that was actually made, due to illness and the fact that I was awaiting to get medical evidence to get a home visit. Anyway, my girlfriend called and they accepted that as reasons. On the very same day. A BF223 arrived the day before the deadline and they included weekends as working days. They used form BF223 as a MR. I then received the 2 sheets. How can I receive 2 sheets if I never asked for a MR? I have been banned from calling or emailing, due to claims of abuse. In reality, it's the fact that I recorded ALL my calls with the DWP and because of that I have caught them out. Numerous complaints have been ignored. Special payments have been denied. "investigations" into my file state that my file never went missing, even though I not only had it admitted via a call that I recorded, but even in a letter. A SAR while lacking, has also revealed that my file with VERY sensitive medical data pertaining to my mental health was sent via standard, unrecorded delivery.

    Now, I engaged with a benefit support service with a guy named Tony who I discharged, due to his arrogant and unprofessional conduct. I also recently was threatened by Leigh from South West Tribunal Representation. Regaridng this Tony, my SAR revealed that he had contacted the disgusting CHDA and it reveals what they have violated.

    I've had no advice. I've tried to contact several people, to have my emails ignored. I have been with little money for months and have been struggling severely with my mental health.

    I'm at my wits end. I had self harmed again after a long period of not doing so. My partner and I lost our baby at the end of summer last year which sent me on a massive downward spiral.

    Now even though I never asked for a MR, I sent the appeal off with the statement of what happened, but the court has ignored that fact. I did however request a MR when I sent the appeal off. They have done everything possible to block me, deny me and persecute me.

    Without a doubt, my health has deteriorated badly. I was under the impression that I could not apply for ESA and that any new claim for ESA would invalidate the old one?

    Thank you again for the time taken to reply.

    Kind Regards.
  • tommtomm Posts: 176Member Pioneering
    edited January 2018
    The DWP uses the BF223  as well as other evidence  regarding the history of appointments  that CHDA medical services hold on you,  as they have reported  your non-attendance to the DWP they automatically close the claim, not just stop payments  the claim will be closed, this will mean that if you where being paid HB or LHA and CT benefits  they will stop being paid too,
    As for the DWP writing to you they often don't, the same applies if they for any reason don't receive the completed and signed ESA50 within the 4-week time frame
    What happens now is a DWP DM should look at the evidence from you as well as from CHDA  and make a decision  to reinstate the claim  (find you had good reason) or not, if they say that you did not have good reason, then you can request an MR and if that fails to go onto a tribunal, But ESA will not be payable  until you have  had a WCA, all a tribunal would do is order that the DWP refer you again to CHDA for an ESA WCA  you i think would then get paid again until the WCA decision should it find that you did have "good reason"

    You could make a fresh ESA claim, for a new or significant worsening  of existing conditions, but would need to really undisputable evidence  from specialists to back this up
    Or they would still not pay you assessment rate until the WCA

    As for the length of time you have been on assessment rate, there is no maximum period, the 13 week  is just a placeholder, especially for home visits, it took 18mths  for myself, 
  • peter195364peter195364 Posts: 2Member Listener
    what a mess your in? i was on assesment for 15 months ,was turned down ,not allowed a MR,so went for tribunal,won my case support group 21 points 12 months ,,as soon as it becomes personal its a lost cause ,stick with it but try and stay calm,get your MP involved and any help you can get from support groups ,,i,m 64 and looking forwards to retirement ,,the DWP,S handling of the disabled is appalling ...good luck
  • needing_helpneeding_help Posts: 7Member - under moderation Listener
    what a mess your in? i was on assesment for 15 months ,was turned down ,not allowed a MR,so went for tribunal,won my case support group 21 points 12 months ,,as soon as it becomes personal its a lost cause ,stick with it but try and stay calm,get your MP involved and any help you can get from support groups ,,i,m 64 and looking forwards to retirement ,,the DWP,S handling of the disabled is appalling ...good luck
    Hello Peter. Yes Sir and I haven’t even barely begun to scratch the surface of what has transpired.

    ive been very calm and polite, but they try to claim that I’ve been anusive over the phone etc and won’t accrpt calls or emails. Well I record every call, that is the real reason. I’ve caught these vile people out so many times. I’ve approached the MO but he’s a disgusting, Tory scumbag who closed my case immediately after getting a response from the DWP and refused to accept the piles of evidence that I have. Something very odd is going on.

    ivectried support groups and they are a waste of time. South West Tribunal Representations tried to threaten me and even outright lie until I put them in their place.

    I’m Im sorry to hear of your issue with them.

    Thsnk you for the kind wishes. :)
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Hi needing_help,

    I understand that you have tried a benefits adviser and they haven't been helpful, and that you have tried your MP who likewise hasn't helped either, but you really need someone to sit down with you to try to sort all this out.
    You have said that you have never asked for a MR, if that is the case you need to do so asap if you are still within the 13 month time limit. An appeal isn't valid without an MR. It sounds as though you need to try and make a new claim and dispute the previous one in the right way, so your case can progress through the MR stage and on to the appeal.
    I hope you can find someone in your local area who can help you to resolve this face to face, there must be a decent benefits adviser where you live surely. All the best.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • needing_helpneeding_help Posts: 7Member - under moderation Listener
    Hi needing_help,

    I understand that you have tried a benefits adviser and they haven't been helpful, and that you have tried your MP who likewise hasn't helped either, but you really need someone to sit down with you to try to sort all this out.
    You have said that you have never asked for a MR, if that is the case you need to do so asap if you are still within the 13 month time limit. An appeal isn't valid without an MR. It sounds as though you need to try and make a new claim and dispute the previous one in the right way, so your case can progress through the MR stage and on to the appeal.
    I hope you can find someone in your local area who can help you to resolve this face to face, there must be a decent benefits adviser where you live surely. All the best.

    Lee
    Hello. I didn’t ask for a MR. They used a BF223 as a MR and sent me a response to a MR that I never asked for. When I sent in an appeal, I stated this and the result was that the criminal Tribunal accepted it. They haven’t responded to complaints.

    There are no decent benefits advisors. I believe that any actually work for the DWP and assist in you failing.

    Thank you for your message.

    (I beginning to think that all of a sudden these messages are all from the DWP who prey on people being criminally screwed by the scum DWP.
  • tommtomm Posts: 176Member Pioneering
    edited January 2018
    1, Someone fails to attend at WCA or refuses to submit to the examination ect,
    2, they send you a BF223, You will have a certain time frame  in which to return it, or they will stop payments and treat you a FFW ,or
    3, The DWP will make a decision  as to continue paying you or  stopping payment, based on the reason's you gave for not attending, and evidence from CHDA
    Sometimes  depending on your normal esa payday, your benefit will stop  before you get any notication  from the DWP where they don't accept you have good reason for not attending
    4  If they don't accept you had good reason ,You can then request they look at their decision  again (MR)  and then apply to the HMCTS  FTT   who by the way are not a criminal court or tribunal

    My ESA50 wasn't recieved by them, apparently , the first i knew was not being paid assessment rate, no letter ,nothing and i found that they had CLOSED my claim not suspended payment pending ( ie when you are ffw after a wca and have to claim Jsa Whilst you wait for an MR ) The MR is a rubber stamping process  and 80% of decisions are not changed,

    How can the DWP  organise a tribunal without you first applying ,?

    You need a copy of the MR decision notice and need to apply to HMCTS using a SSCS1  Before the tribunals service will even accept & list a hearing,thems the rules,
    have you made a complaint about how the DWP has treated you to ICE?

    https://www.gov.uk/government/organisations/independent-case-examiner




This discussion has been closed.