Esa waiting 1 year !Very concerned

[aeris]

Hi everyone. Im posting on behalf of my mum ( she doesn't know how to work a computer !! )

We are in need of some sense & advice if poss.

 

Mum has AS ( which is now causing her ribs to crush her lungs ) , severe arthritis, severe v veins amongst other health problems. Also recovering from cancer for the second time. And now depression due to us loosing her farther ( my granddad ) at Christmas.

 

She was on IS obviously ( AS does not get better but worse ) for a while, then last year, it was changed to ESA ( I thought if you were on IS you didn't change when the ESA came in but I could be wrong ) Mum wasn't actually aware of this change, nor did she receive anything to inform her of it.

 

Then Atos called and she scored the usual NOTHING ! despite medical evidence etc ( they even challenged that she had cancer ) she appealed, and won.

very shortly after nearly 1 YEAR AGO now, all her money stopped and she was called for an interview for fraud. It has taken till about 3 month ago for the appeal re the "fraud " to come though. She won that too! Basically they tried to use the rues for ESA and IS the wrong way round !! The judge said that the dwp had not done their job properly to the " rules of the law"& gave us his sincere sympathy.

However we are still waiting for our copy of the judge's decision as it got sent to Belfast by mistake!!

 

Now, since all this started last year, mum has not received any benefit money at all. it was all stopped.

One of the people she spoke to find out how much longer she would have to wait for the court "fraud" appointment advised her that 1) she should put in a new claim and 2) that she should still have been paid something & he quoted " you didn't hear it from me "

 

Christmas mum put in a new claim as advised ( not the sort of thing you want to do while your waiting to arrange to bury your father 1 week before xmas day !!) but It had to be done. Despite several letters to them and wasted phone calls she has had no acknowledgement from anyone re her new claim since Christmas.

 

2 weeks ago, she had a letter from ATOS for a "medical " which was today. We weren't there long, mum couldn't take her usual morphine so it was hard to watch her struggle. The " nurse " cut the appointment short and said ( after speaking to someone ) that I don't need to see any more and to go home, After seeing the state mum was in and the bag of medication- morphine etc. He wouldn't examine her which was just as well as wouldn't let her be pulled around the pain she was in. I asked why we were there as she's had no benefit since last year? He said I don't know but the dwp are re calling everyone. He was and I hate to say it rather nice !!! didn't mean to swear !!

 

What this now means god knows, but my question is what do we do now ?? other than wait for the Atos report, which hopefully will be ok.

The last phone call she was 48th in line, she cant afford phone bills like that! Granddad didn't have any money to leave us! Easter she was told it being "processed"

 

Should this be taking this long for her new claim from Christmas ? Should she get anything back from last year? And where is our copy of the judge's decision ? I don't know who to contact to get any answers? Have they got mum mixed up with someone else?!! It just seems that some has messed up somewhere.

Thank you for reading and my apologies for such a long post.

We would be so grateful for any advice. This had gone on for far too long for mum in my book.

Thank you

[Nystagmite]

What a complete mess.

 

Can your mum (or you, maybe) get the job centre and use their phones, free of charge?

[flumps1976]

I would actually advise that you contact the Benefit Centre and request a customer service appointment at the JCP to make enquiries on the progress of the claims and to find out what problems if any there are.

[aeris]

Thank you Nystagmite, I believe its all done by computer now ?

 

The local jc is quite a distance from where we live ( a small village ) and neither of us drive. If the bus did turn up its £12 for the trip ! It would also mean her not taking her pain killers/ morphine again. I don't even think she can get an appointment with them as "technically" she's not on benefit !!

The waiting list for CAB Is a nightmare as you can imagine. So I thought id post on here.

 

I will see if a friend could take us.

 

Thank you flumps1976 I will get her to do that tomorrow

 

[Hacked_Off]

You could try your mp to mice things along writetotgem.com

[aeris]

Thanks Hacked_off, I will do that although I don't suppose they would care about my mum ! Friend of mine did this, had a meeting at our local library but never heard anything more. I will do this though.

 

Thank you again

 

[Hacked_Off]

I'd hound your mp and a councillor, doing that tends to move the job centre along!

[flumps1976]

aeris yes you could contact the local MP and then contact the BC to advise that you have become so exasperated with the delay and process that you have decided to take action via the MP office.

With the exception of an customer service appointment at the JCP office there us nothing further the JCP office can do as no benefits are processed at JCP sorry.

[estellyn]

A good welfare rights adviser would be able to sort out this mess - do you have any in your area?

[aeris]

Thank you, no I don't think we do ? How would I find out ?

[estellyn]

Thank you, no I don't think we do ? How would I find out ?

 

google welfare rights and your area, or post your area and someone might be aware of a good service.

[aeris]

Thank you estellyn, our area is Ferndown, Dorset. All im getting when googling is the CAB.

[Nystagmite]

Is there a DIAC in your area?

[aeris]

Sorry Nystagmite, I don't know DIAC ?

 

Ive followed the link from writetotgem.com and found this under the heading of help that can be provided...

 

"Problems dealt with by the Department of Work and Pensions such as benefits, pensions and national insurance (but not problems with the social services department of your local authority). "

 

 

Am I right in thinking this would not help us ? As we don't know if its just the benefits people as it were or the dwp itself that the problem. Would it be worth writing to MP etc anyway so mum can inform the benefit people that she has written to MP ?

 

Thank you for any help

aeris

Edited June 3, 2013 by aeris

[Nystagmite]

Sorry, DIAC disability information and advice centre.

[aeris]

Hi everyone. We have spoken to the jcp and requested a customer service appointment, we were put though to benefit office in Chippenham, they put us through to Bristol, they then put us through to dwp. We have so far been though all departments ! Mum obviously had to explain to each person everything. All of this took an hour!!!!

 

The dwp weren't aware of the recent medical and " I cant comment " sprung up a lot from them. Mum asked why she hadn't hear from them in a year and we got the " I cant comment "

 

They said she was not entitled to esa. ( they were referring to last year when all this started. They had put mum on the wrong esa ) We know this, and since then, mum won her case for fraud.

 

They had no knowledge of any of this. It appears that nothing has been updated since last year in June ) ?!!

 

The woman mum spoke to said " well, we are paying you NI " We actually got cut off ( nothing to do with our phone )

Mum phoned back and was told we would have to go though all the process again. Starting with jcp. Another hour ? What is going on ? !!

 

 

We don't know what to do now ?? This is starting to make me very angry and upset for my mum.

 

 

We are even more confused and really don't know if we should phone AGAIN ?

Sorry for the rant

aeris

[aeris]

Hi everyone. Bit of an update although no nearer to figuring out what is going on lol

 

Mum had a phone call at last beginning of this week from Chippenham, telling her she is not entitled to Income -related ESA The lady went on to say that mum s prescription & NI contributions will be paid though, although this doesn't pay the bills ! This confuses me. She also advised that mum put in a claim for a carers allowance?

 

Now, a letter arrived today stating that she's not entitled etc, but is also says that they have used the tax year 5 April 2004-2005 and not enough NI has been paid.

Mum's NI has been paid up to date( when she could work up until she had cancer she was not entitled to and benefit when she had cancer as the JCP told her that cancer is not classed as a " disability " an was refused any help. She lost her house and everything ) and was being paid by them since being on benefit she was put on IS.

This then changed to ESA WITHOUT any letters of changes being sent to her !! She didn't even know that they had changed her to ESA.

 

 

The letter only says "" We may still credit you with NI contributions while claiming ESA"" ??? Mum first claimed due to cancer in 2004, although her AS has and continues to progressively runs its course, now her ribs are crushing her lungs. We have a letters dating all the way back from that date, even the atos medical she had and won the tribunal 2011 says she's entitled to Income- related ESA!!

 

To date we have still had no copy of the judges decision ( it was sent to Belfast instead if Chippenham nor the recent atos report?

 

I can find so many discrepancies in all this. Does anyone have any idea what is going on ?

 

Thanks for reading & any help

Aeris

Edited June 14, 2013 by aeris

[fedupandold]

Hi everyone. Bit of an update although no nearer to figuring out what is going on lol

 

Mum had a phone call at last beginning of this week from Chippenham, telling her she is not entitled to Income -related ESA The lady went on to say that mum s prescription & NI contributions will be paid though, although this doesn't pay the bills ! This confuses me. She also advised that mum put in a claim for a carers allowance?

 

Now, a letter arrived today stating that she's not entitled etc, but is also says that they have used the tax year 5 April 2004-2005 and not enough NI has been paid.

Mum's NI has been paid up to date( when she could work up until she had cancer she was not entitled to and benefit when she had cancer as the JCP told her that cancer is not classed as a " disability " an was refused any help. She lost her house and everything ) and was being paid by them since being on benefit she was put on IS.

This then changed to ESA WITHOUT any letters of changes being sent to her !! She didn't even know that they had changed her to ESA.

 

 

The letter only says "" We may still credit you with NI contributions while claiming ESA"" ??? Mum first claimed due to cancer in 2004, although her AS has and continues to progressively runs its course, now her ribs are crushing her lungs. We have a letters dating all the way back from that date, even the atos medical she had and won the tribunal 2011 says she's entitled to Income- related ESA!!

 

To date we have still had no copy of the judges decision ( it was sent to Belfast instead if Chippenham nor the recent atos report?

 

I can find so many discrepancies in all this. Does anyone have any idea what is going on ?

 

Thanks for reading & any help

Aeris

 

My honest answer is that you need some seriously good local help.

 

I cannot ever see that you will ever untangle this mess on your own.

 

I see that CAB are of no use. Have you seen their website?

http://www.citizensadvice.org.uk/bureau_detail?serialnumber=101452

 

 

Is your mum in her 50's or older if so get hold of Age UK who normally have welfare rights workers that will come out to see her.

http://www.idorset.co.uk/profile/755541/Ferndown/Age-Concern/

 

MP?? If was you I would be hounding the blighter!!!!

[estellyn]

Thank you estellyn, our area is Ferndown, Dorset. All im getting when googling is the CAB.

 

CAB should have welfare rights advisers, though as you said, the waiting list can a nightmare.

[aeris]

Thank you for your reply. Mum will be 60 next year. I never thought of Age UK ! Brill idea, thank you.

 

Ive found our local councillor an MP but im unsure how to contact them ( there's an option for email and that it ) or what exactly to say?

I really have got the feeling that a huge mess up has been made somewhere, the letter this morning sounds as if its mums first claim ever and nothing about not only the past year, but nothing about the past 4 either !

I think, even its going to take ages getting an appointment at the CAB, I think we should try even if we are on a waiting list .

 

thank you again.

We would be " hounding the blighter" !!! if we knew how

[estellyn]

Hi everyone. Bit of an update although no nearer to figuring out what is going on lol

 

Mum had a phone call at last beginning of this week from Chippenham, telling her she is not entitled to Income -related ESA The lady went on to say that mum s prescription & NI contributions will be paid though, although this doesn't pay the bills ! This confuses me. She also advised that mum put in a claim for a carers allowance?

 

Now, a letter arrived today stating that she's not entitled etc, but is also says that they have used the tax year 5 April 2004-2005 and not enough NI has been paid.

Mum's NI has been paid up to date( when she could work up until she had cancer she was not entitled to and benefit when she had cancer as the JCP told her that cancer is not classed as a " disability " an was refused any help. She lost her house and everything ) and was being paid by them since being on benefit she was put on IS.

This then changed to ESA WITHOUT any letters of changes being sent to her !! She didn't even know that they had changed her to ESA.

 

 

The letter only says "" We may still credit you with NI contributions while claiming ESA"" ??? Mum first claimed due to cancer in 2004, although her AS has and continues to progressively runs its course, now her ribs are crushing her lungs. We have a letters dating all the way back from that date, even the atos medical she had and won the tribunal 2011 says she's entitled to Income- related ESA!!

 

To date we have still had no copy of the judges decision ( it was sent to Belfast instead if Chippenham nor the recent atos report?

 

I can find so many discrepancies in all this. Does anyone have any idea what is going on ?

 

Thanks for reading & any help

Aeris

 

Does your Mum live alone or with someone else?

 

Have you phoned the Tribunal's service recently to chase up a copy of the written decision regarding the fraud appeal? How long ago was this appeal? Do you know what this appeal was regarding?

[**Margaret**]

:aeris:

 

In addition to the advice you've already received:

 

Tribunal decisions don't get sent to Belfast unless the appellant happens to live there! It's a clearance centre for undelivered mail from Work n Pensions! Sounds like your Mum attended a tribunal. If she didn't get a copy of the decision at the time, it should've been sent in the post from the Tribunals Service within a few days. Phone the Tribunals Service Administrative Support Centre for your area (probably Sutton, should be on any paperwork received from them at the time of the hearing) to ask for a copy of the decision. No response? Repeat your request in writing, via recorded delivery.

 

http://www.justice.gov.uk/contacts/hmcts/tribunals/social-security-and-child-support

 

(The above paragraph assumes your Mum successfully appealed alleged non disclosure/ not reporting a change of circs/overpayment. If she was defending herself against an allegation of fraud, in the magistrates court, she'll need to contact the court for a copy of the verdict.)

 

For now, give up with phone calls to Work n Pensions. Through lack of training and limited info on their screens, their phone monkeys are sending you in ever decreasing circles. Use the form below to subject access Work n Pensions for all the info they hold about your Mum's claims for income support/employment n support. As an added extra, use the space on page 3 to request a copy of the recent ESA85.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Send the completed form to Chippenham Benefit Delivery Centre via recorded delivery. Work n Pensions don't charge for subject access and theory's a response (by law they have to reply) within forty days. If you don't have the technology to download and print the form, you can write a letter instead. From what you've written it's impossible to even guess at where your Mum's claims have gone so pear-shaped, but any info you can get via subject access may offer some clues. To you and/or Citizens Advice/Age UK. Or it may be a starting point to follow the advice about a customer service appointment at a jobcentre, so long as your Mum insists on it rather than being passed to the next phone monkey!

 

Doubt a local councillor can help (not their area) but should you get enough info for a complaint to your Mum's Member of Parliament, s/he can be contacted via;

 

http://www.parliament.uk/get-involved/contact-your-mp/contacting-your-mp/

 

Sincerely, Margaret.

Edited June 15, 2013 by **Margaret**

[Guest]

I would also email.... ministers@dwp take this right to the top, as well as Age UK.

[abc123def]

It would seem they are saying that her income/savings is too much for her to receive income related ESA? Does she have other income or savings?

 

This is a complete nightmare and I definitely think you need local help to find out what is going on. My local councillor here is brilliant so maybe try yours.

[estellyn]

It would seem they are saying that her income/savings is too much for her to receive income related ESA? Does she have other income or savings?

 

This is a complete nightmare and I definitely think you need local help to find out what is going on. My local councillor here is brilliant so maybe try yours.

 

It's hard to say what is going on without more info - particularly about the fraud appeal.

 

It could be as simple as cont based ESA in WRAG has finished it's 365 days and and an income based esa claim needs putting in - though this doesn't explainthe lack of backdated payment after the fraud appeal - though maybe this is on the way - the time scale would fit for this scenario.