Unsure of ESA reconsideration procedure

PollySid
PollySid Member Posts: 343
edited 21. Jul 2012, 13:55 in Living with Arthritis archive
Another thread mentioned a reconsideration request? I didn't know about that one. Is it neccessary before appealing? What do I have to do? Do I have to give them any information or just write and aske them to reconsider?
I see my GP tomorrow and will ask for a supporting letter.
I have a letter ready for my appeal, but don't have an appointment with the DIAL until 28th July. I am quite tempted to just send the appeal letter before I see them as my month will be up 4th August and it seems to be cutting it a bit fine.
Would they be able to help with anything if I did this? I am just worried about not having got the letter worded correctly. I have just said it as it is and been honest, but don't know if that will be enough to get everthing across to the DWP.
I even went to see about signing on today as I was fed up with the stress of this ESA business. No good, I think she took one look at me and the first thing she said was "You have to be actively looking for work for 40+ hours to be able to sign on to the JSA.
To this I replied that there was no way I could manage 40+, I was hoping for 15-20 hrs. So that's a no go, so I'm back to the stressing over appealing.

Comments

  • duvarayi
    duvarayi Member Posts: 68
    edited 30. Nov -1, 00:00
    Hi

    Here is my limited knowledge. First have you asked for your statement of reasons because if not this gives you extra 14 days on top of the month to ask for reconsideration which they do automatically even if you say you are appealing I believe.

    A letter of support from your GP may help your reconsideration for lucky people. When you go see your GP don't forget to ask for sick note if the last one is going to run out so you don't have a gap as that will affect your benefit. Your advantage is you have CAB helping you and may be one of the lucky ones and they change their decision.

    Was it your first ESA application or you were already getting it because if first one then sending in the sick notes will mean you will continue to get your assessment rate until you get the main phase ESA for the group they will put you in. This is so even if they don't change their decision after reconsideration request and you appeal and wait for your tribunal date.

    You cannot sign on if you are too ill to actively look for a job. You are strong and brave to even try to go attempt to sign on.

    You can post it special delivery for next day delivery. Good luck and please don't get so stressed and give up and just be stressed and persevere.

    Babs
  • deedeeitsme
    deedeeitsme Member Posts: 321
    edited 30. Nov -1, 00:00
    Hi PollySid
    I am going through the process at the moment. I have sent my appeal letter (GL24 Form) recorded delivery today after receiving the decision to stop my esa (zero points) on saturday. On the appeal letter I have outline the areas that I think are wrong but also said that this is not the whole summary of appeal and I would be adding more to this when I received my copy of the whole ESA85 Medical Assessment Form (the actual form that the "medical professional" for ATOS fills in). You can also appoint a representative and send them the details and any relevant evidence ie:- gp letter, witness statements etc at a later date (you can even present new evidence at the actual appeal but this is not advisable as it holds the proceeding up). You must also keep sending sick notes to them and to keep your ESA running at the assessment rate you must write on your GL24 form that you want to continue being paid until the appeal is considered.

    Now then, I was advised to go straight to appeal as this gets your money reinstated immediately (by law they must pay the assessment rate until the appeal has been heard) but I have also been warned that they will send a letter saying that THE RECONSIDERATION has failed (even though I didn't ask for this) but just to contact them to say thankyou for letting me know but I would like to continue with my appeal.

    Hope you understand this :D

    Dee x
  • deedeeitsme
    deedeeitsme Member Posts: 321
    edited 30. Nov -1, 00:00
    DON'T sign on to JSA, they will see this as admitting you are fit for work, thats what they want to happen, scare tactics. Send your appeal in asap but make sure you write on it that you want to continue receiving ESA Assessment rate (they won't tell you this and they won't pay it unless you ask). And continue sending sick notes. As I said I sent my appeal letter today but I am seeing a CAB advisor for advice and my GP for a letter of support next week.

    Dee x
  • welshgooner
    welshgooner Member Posts: 34
    edited 30. Nov -1, 00:00
    Pollysid
    I wrote a letter asking them to reconsider as well as a formal notice of appeal. I also got my AM, Welsh assembly member, involved. It has taken eight weeks but they reconsidered and put me in the support of ESA. When asking them to look at it again include any doctor's letters and anything else that you feel is important. It does no harm to ask them to look at your circumstances again while at the same time putting in a letter of formal appeal. Good luck,
    Den.
  • Folara
    Folara Member Posts: 568
    edited 30. Nov -1, 00:00
    As far as I was told when I did my Appeal, a reconsideration is done before they go to official Appeal. This is when a different ESA person looks at the claim and any other supporting evidence (like docs letter) and make a reconsideration on the first decision. My Appeal was won at the reconsideration stage so I didn't have to go any further down the Appeal line.

    Good luck.

    Fols x
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    Thank you for your helpful replies.
    I rang DIAL up this morning and told the lady my worries over the appointment not being until next week, and that I couldn't afford to lose
    too much benefits.
    She found me a cancellation at the local library for this Thursday so that is much better.
    Just got to get my GP to write me a letter now, I see him in an hour.
  • duvarayi
    duvarayi Member Posts: 68
    edited 30. Nov -1, 00:00
    That's good news, the cancellation I mean so you'll get the benefits advisors to help you and you'll have your GP letter of support by then.

    Good luck and I hope you get a positive reply. Hope GP gives good support letter with information that matches the descriptors.

    All the best for GP appointment.

    Babs xxx
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    GP said he couldn't believe they had given me 0 points. It's good to know that he is on my side.
    He has printed out the report from the spinal specialist for me to send as he says it has a bit more information on it (my leg reflexes are exagerated which apparently is a problem).
    He is also getting me print outs done of my medical history regarding OA/spinal problems.
    He feels that this would be more useful to me than a letter from him.
    He also gave me details of a local Disability rights group called Norfolk Disability Rights. He said they had helped a few of his patients with this sort of thing and to contact them if Dial couldn't help.
  • duvarayi
    duvarayi Member Posts: 68
    edited 30. Nov -1, 00:00
    That's really good, your GP on your side.I think his letter written in layman's english and not medical language would help more as well. Some people have been helped by the weight of having the GP letter as they seem to ignore specialists reports most of the times.

    That is always the case you know, people shocked when they see you in person and those who know you when you tell them you've been refused a benefit by someone sitting in an office and telling you there is nothing wrong with you when they see you struggling in severe discomfort and pain. I'm curious to know the reasons for refusing your ESA.

    I have a feeling you may really get the decision changed. You are lucky your GP is well informed to even know places that help.

    I'm rooting for you. All the best.

    Babs xxx
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    Quote 'I'm curious to know the reasons for refusing your ESA.'
    Babs, I think they just looked at what was said about the medical assessment and just ignored everything else. They don't seem to have got the idea that OA can move around and be in different parts of the body from week to week. Although to be honest mine has settled in my spine and I believe that the majority of my problems stems from there.
    Anyway, I saw DIAL today and we filled in the form and she went through the letter that I had prepared.
    I was expecting her to tell me to change bits and pieces, take bits out, put bits in - but she said it was fine as it was and I seemed to have covered everthing.
    I sent the spinal specialist letter with it as it had further information re nerve damage problems.
    I have my MRI appointment for 2nd August so I am sure that will give more of an idea what I am dealing with.
    I'll just sit back and wait now, hopefully with the ESA payments reinstated.
  • Folara
    Folara Member Posts: 568
    edited 30. Nov -1, 00:00
    Sounds like you have pretty much got everything in order so I shall keep my fingers firmly crossed that they use a bit of common sense and pass your
    ESA claim.

    Fols x
  • duvarayi
    duvarayi Member Posts: 68
    edited 30. Nov -1, 00:00
    That's my opinion as we'll, them ignoring everything else and using the Atos medical to make their decision. Did you ask for your medical report or you already have it? It makes a interesting read you know.

    Anyway I have my fingers crossed for you as well and hope you get positive results. I also hope the MRI will give you answers.

    All you can do now is sit and wait for that dreaded brown envelope.

    I wish you luck.

    Babs xxx
  • PollySid
    PollySid Member Posts: 343
    edited 30. Nov -1, 00:00
    duvarayi wrote:
    Did you ask for your medical report or you already have it? It makes a interesting read you know.

    All you can do now is sit and wait for that dreaded brown envelope.

    Yes I have a copy of the medical report - I picked it to pieces in my letter :) I also got a copy of the decision makers report which seemed to be calling me a lier because of what the medical examiner had said.

    I am not worrying about brown envelopes from HMRC as one contained a tax rebate last week. :D
    I did my 2012 tax return on line yesterday and I am due another for that year too. :D:D

    I am not expecting the ESA one to turn up very fast, they never seem to.
    They still paid me this fortnight too, so I'm not complaining. I was expecting the payments to stop straight away as I got the letter on 5th July. It must be paid in arrears or something. I did ring them and say that I was appealing (Hubby thinks so too :wink: ).
  • duvarayi
    duvarayi Member Posts: 68
    edited 30. Nov -1, 00:00
    I am referring to the ESA envelope with the reconsideration reply. Interesting thing for me is I got my brown envelope today after posting my form last month. They have put me in the WRAG without a medical this time around.

    I was shocked because I was waiting for a medical date not so soon even. I'll appeal for support group this time.