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IB/ESA Medical help needed please.

Discussion in 'benefits and housing' started by xsunnysuex, Jan 10, 2012.

  1. xsunnysuex

    xsunnysuex Is it that time already?

    Hi. I had my medical for IB/ESA transfer on 21st Dec. 27th Dec I received a phone call infoming me I had failed. I was told a notification letter would be posted out to me. I stated that I wanted to appeal. The lady said she would include with the letter an appeal form and a copy of my medical report. I have received nothing. For the past two days I have phoned them several times. I was told on each time that someone would call me back. No one called. Today I called again and someone did return my call. I asked him if I could have my notification letter, appeal form and copy of my medical report posted asap. I was told quite sharply that I had to claim JSA until my appeal went though. And that I needed to send a letter saying that I wanted to appeal. And that I would have to make an appointment with jobcentreplus. I questioned him on why I could not claim the assessment rate while I appealed. But he got very irritated and started shouting that as I wasn't currently getting any benefit, there was nothing to appeal. That makes no sense at all. Could someone please tell me if it's right that I have to claim JSA? I really thought I could claim an assessment rate. But he was having none of it. I have today taken my medical certificate to jobcentre. That is dated until 30th March 2012. Please help as I am totally confused. And to be honest I feel very intimidated since that phone call. And the time I get to appeal is ticking down fast. Thank you.
  2. stuff_it

    stuff_it Nerd burglar

    Not much advice, but I hope you got this knobhead's name. If you aren't already make sure you take details of anyone you speak to at the benefits office from now on and what they say.

    I'm sure someone will be along with contacts for one of the various campaign groups soon.
  3. xsunnysuex

    xsunnysuex Is it that time already?

    Sadly I didn't get his name. I wish I had. I phoned again after I had calmed down. They are "supposed" to be getting someone to call me back tomorrow morning. But I won't hold my breath. I did take that persons name though. I just hope it's not him that calls me.
  4. Paulie Tandoori

    Paulie Tandoori shut it you egg!

    Yes, you have an absolute right of appeal against a decision refusing you ESA, yes you should be able continue to claim assessment rate ESA in the meantime, yes you have a legal right to a written decision letter explaining their decision.

    Do you have a local law centre or CABx who could help represent you? It's often the only way to get them to start to do things properly (and i agree with stuff_it, your description of your treatment is quite outrageous and merits a separate complaint also). Could be helpful to keep a record of dates and times for now, until you can get the official documents.
  5. stuff_it

    stuff_it Nerd burglar

    A spot of googling reveals that yes you should get assessment rate, I can't be arsed to look it up but I'm betting that this only kicks in once you appeal. I'm also willing to bet that if instead of sending in your appeal letter you go down and start a JSA claim that you will be classed as a 'success' (i.e. another 'scrounger' sent back where they deserve) somewhere in the figures, which is likely what this guy was aiming for.

    I agree that you should seek proper advice from somewhere asap, most CABs have days where you can go and sit there and wait to be seen.
  6. xsunnysuex

    xsunnysuex Is it that time already?

    I think there is a CAB near me. I will try and find out. So to be clear. I don't have to make a claim for jsa? I really thought I knew what had to be done. Today I took my medical certificate in and got a photocopied receipt. Had an appointment with my local housing office to explain possible delay in housing/ council tax benefit. And visited the housing benefit main office. But I needed an appointment. Which I've made for Fri. I did feel quite at peace with it all. But that one phone call has thrown all my emotions up in the air. :(
  7. Glitter

    Glitter Prostitute womb god baby

    Pick up a GL24 form from the jobcentre. Complete and return. Send a copy and a complaint letter to your local MP and enclose a copy of that letter with your appeal.

    You absolutely have the right of appeal and the right to remain on ESA whilst the appeal goes through. Do not claim JSA.
    stuff_it likes this.
  8. stuff_it

    stuff_it Nerd burglar

    I would be very wary of making claims for anything apart from an appeal. The guy could easily have been lying, and the CAB should know the law in this regard. I wouldn't go making any claims for anything until you've at least spoken to someone who knows what they are on about. The CAB website has info on opening times and drop in times for different offices iirc. Try and get there at least a half an hour (more if you can manage it) before the drop in times so you don't have to wait all day. They don't all have drop ins every day so do check the times. http://www.citizensadvice.org.uk/

    And what glitter said - really do not make a claim for another benefit in the mean time. Especially JSA - if you sign the documents to say you are able and willing to work then how could you possibly be eligible for ESA?
  9. xsunnysuex

    xsunnysuex Is it that time already?

    It seemed like he was saying because I wasn't on ESA (I'm being transfered from IB) then I couldnt claim it on an assessment rate.
    Also I really need to get a copy of my medical report. Or I won't be able to say what I'm appealing against.
  10. stuff_it

    stuff_it Nerd burglar

    You're now appealing a failed claim for ESA though, aren't you. Do not take anything this man has said seriously. Really. Just take it as a sign that the benefits people are screwing with you and you need proper advice.
  11. xsunnysuex

    xsunnysuex Is it that time already?

    Yes. Your quite right. Thank you. I wonder how many people they "scare" onto JSA.
  12. stuff_it

    stuff_it Nerd burglar

    Probably more than one would hope. :(
  13. xsunnysuex

    xsunnysuex Is it that time already?

    So is it one month from the phone call I received (27th Dec) that I have to make my claim?
    Thanks so much for everones help with this. Much appreciated, really.
  14. stuff_it

    stuff_it Nerd burglar

    Sorry can't help with this one - it's probably meant to say on the letter, you know, that letter you never got? :facepalm:
  15. Paulie Tandoori

    Paulie Tandoori shut it you egg!

    here is some info about the ib to esa migration, which gives a good basic overview of your rights.

    also, you go to disability alliance's factsheets section, you can find various pieces of information on the appeals process. but basically you have one calendar month to submit an appeal and it must contain the following:

    Benefit appeals are made on form GL24 or by letter. The appeal must contain:
    • the grounds for the appeal;
    • enough information to identify the decision appealed (benefit claimed, national insurance number, decision date, etc.);
    • if late, the special reasons for lateness and/or why the appeal has a good chance of success;
    • the appellant’s signature or the signature of a person with written authority to act on their beha
  16. Paulie Tandoori

    Paulie Tandoori shut it you egg!

    sorry, forgot to mention, the one month starts from the date of your decision letter, which is why you also need this. they will probably do a review or reconsideration first, which may mean that you need to submit another appeal in due course, but don't worry for now, you've still got time on your side.
  17. xsunnysuex

    xsunnysuex Is it that time already?

    Ok I'm feeling a lot more positive today. Had a call from a lovely lady from IB dept. She apoligised for the twat I spoke to yesterday. Told me the information he gave me was wrong. So, under her guidance I've taken my medical certificate copy and a letter stating I want to appeal to the job centre. They've faxed it all to the right dept. She said as soon as they get that they will start to sort out my assessment rate of pay. Being extra careful I even went back and got the lady in the jobcentre to stamp my letter of appeal, so I can prove I took it in. Thank you all so much. It's lovely to have people like you to calm me down. Cheers.
    toggle, stuff_it, geminisnake and 2 others like this.
  18. Paulie Tandoori

    Paulie Tandoori shut it you egg!

    cool, glad to hear that they've started to behave more responsibly, good luck with it all :)
  19. xsunnysuex

    xsunnysuex Is it that time already?

    Thank you. x
  20. ViolentPanda

    ViolentPanda Untermensch, and proud!

    As far as I know, they (people on the other end of a phone, working for the benefits agency) are specifically supposed to avoid "advising" claimants, as they're not trained to do so (at least, that's how it was last time I had to deal with them, might have changed by now, given that they've binned about 30,000 staff).

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