Author Topic: Please help!! Benefit stopped!  (Read 27518 times)

Monic1511

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Re: Please help!! Benefit stopped!
« Reply #15 on: 16 Apr 2014 09:49PM »
Once the mandatory reconsideration has been carried out, if the decision is not overturned, you can then make a formal appeal to the Tribunal Service. At this point ESA payment will restart at the assessment rate - you will need to submit fit notes (used to be called sick notes) for this to happen.


Mandatory Reconsideration is supposed to take 2 weeks but there is not legal time-limit. You can claim JSA meanwhile, the fact that you have been found 'fit for work' makes this possible. You can ask to see the disability advisor, or even (once you have made the claim) phone in sick as you are allowed 2 periods of sickness whilst on JSA.

Thank you.

I am not going to claim JSA as to me thats like me admitting I'm fit to work, my mum is going to help me survive over the next couple of weeks thankfully, we have worked things out which will keep my bills paid for the next 3-4 weeks max.

I am working on a letter now asking for the reconsideration but I really don't know how to word it so I hope its ok.

I'm in total panic and my heart is pounding I can feel it hammering.  I know I expected this but the reality of it hurts a lot more than I thought, if it wasn't for my mum dashing around to comfort me today I wouldn't be here now and thats the truth. 

I don't know how these people can sleep at night for the stress and heartache they cause people.   >crying<

Hi Steve
sotrry Im late to this - just in from work.
Kizzy has given you the letter to do a mandatory reconsideration(MR) and you send that back to the office that it came from.  The biggest problem is that Mandatory reconsiderations can take 12+ weeks, can you exist with no money (unless you have DLA) until then.   If not the only benefit you can get is JSA.  Now I know why you don't want to claim that but if you make the claim and draft a claimant committment that states the limits of the jobs you could do.  Obviously I don't know your illnesses but it would be something alone the lines of "I agree to apply for an office job" the job would need to be one that allowed me to get up and move about at regular interval due to my muscle/joint pain.

Re Housing benefit  / council tax reduction contact your council and ask for a change of circumstances form, if you state on the change of circs form "I have been found fit for work and am asking the DWP to reconsider this decision, at present I have no income.


This is a basic draft of a MR

I do not agree with the decision that I am fit for work, the assessor failed to consider that I cannot deal with change, the extreme anxiety that I suffer brings on suicidal thoughts.  I have had to get my mum to help me with this and without her constant supervision and calming help I would have hurt myself today.  I struggle with social situations and do not feel I could cope with the workplace without becoming severely anxious.   When I become anxious I cannot even use a phone as I cannot concentrate enough to hold a conversation.

If you can reword that to your own situation it might help.
Then contact your doctors and tell them you've been found fit for work and can they give you a supporting letter

If you don't claim JSA before 28/4/14 you might not  get any money at all - I only highlight this as after 28/4/14 yoiu can't claim JSA unless you have a CV, an email and can prove to JSA that you are job ready,  this is obviously a tactic to stop folk like yourself claiming JSA on a temp basis but if youhave no money you need to do something to exist.  AND PLEASE don't think that suicide it the only answer, why let the  >bleep< win.

Monic

devine63

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Re: Please help!! Benefit stopped!
« Reply #16 on: 17 Apr 2014 01:15AM »
Excellent advice from Kizzy and Monic

Steve I'm sorry this had to happen.  >hugs<     

Please make sure you contact your doctor and / or whoever provides your treatment for your anxiety, they may be able to offer extra support the next few weeks.  They can also provide any "fit notes" which may be needed.   you might also want to ask whether the doctors would be willing to support you in a claim based on one of the special criteria (they appear somewhere on the welfare rights board).

One of the things we know is that Appeals on WCA decisions are more likely to be successful if you have an expert to help you with the process - so get the Mandatory reconsideration process started, but also make contact with your local Citizens Advice Bureau or disabled people's organisation to find someone who can help you.

regards, Deb

SteveX

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Re: Please help!! Benefit stopped!
« Reply #17 on: 17 Apr 2014 08:46AM »
Thanks everyone.

I barely slept last night, my mind is spinning and I'm worrying so much that my stress level was at a new high and I was physically sick, I'm a little better now but my head is pounding like a blacksmiths hammer.

I am working on the letter and it will be done today but I'm not posting it until Tuesday as I don't want it stuck in a post office all bank holiday so it will be sent recorded delivery on Tuesday.

As for an expert going to the appeal, I will go with my mum, I couldn't cope going with someone I don't know.

Right now the thought of not a single penny incoming is terrifying me and I've even considered just giving up the reconsideration and appeal and going to sign on JSA just to get some income.  But I know full well I'm simply not up to it and a few weeks of signing on and the stress they give you will have me in hospital.  So I have no option but to battle on in the desperate hope of winning in the end.

I went through all this before, my mum and I went to the tribunal after I'd been given 0 points and I won, but the stress and anxiety was so high the instant they'd said I won, I burst into tears all the weeks of stress.  Now I have this struggle to do again and this time with no income at all to keep me going.

Considering I have a raft of medical issues stemming from birth and a heart problem, you'd think it would be illegal for them to pressure me so much, but I guess if all this added stress finally kills me  they'll save enough money for an MP to have a free lunch once a week and they deserve it so much more than I seem to deserve the little I got.
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Sunshine Meadows

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Re: Please help!! Benefit stopped!
« Reply #18 on: 17 Apr 2014 01:23PM »
SteveX,

 >bighugs<

NeuralgicNeurotic

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Re: Please help!! Benefit stopped!
« Reply #19 on: 17 Apr 2014 03:29PM »
 >bighugs< >bighugs<

auntieCtheM

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Re: Please help!! Benefit stopped!
« Reply #20 on: 17 Apr 2014 04:37PM »
Hi Steve, do you know, it is OK to burst into tears after having weeks of stress.  Quite a natural thing to do. 

It sounds as though you will have no trouble getting your GP to provide enough evidence.  Goodness me he must be horrified.  I hope that you can get to find out what he wrote this time that seems to have been ignored.

SteveX

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Re: Please help!! Benefit stopped!
« Reply #21 on: 17 Apr 2014 04:41PM »
Hi Steve, do you know, it is OK to burst into tears after having weeks of stress.  Quite a natural thing to do. 

It sounds as though you will have no trouble getting your GP to provide enough evidence.  Goodness me he must be horrified.  I hope that you can get to find out what he wrote this time that seems to have been ignored.

He doesn't know about it, I've not seen him for months and I rarely mention my problems to him.  I have white coat syndrome and avoid the doctors unless I have no option.   :(
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auntieCtheM

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Re: Please help!! Benefit stopped!
« Reply #22 on: 17 Apr 2014 04:55PM »
I think that this is one of the times when you have no option Steve.

SteveX

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Re: Please help!! Benefit stopped!
« Reply #23 on: 17 Apr 2014 05:11PM »
I think that this is one of the times when you have no option Steve.

My letter is done now, but I've already told myself when the reconsideration fails and I put in for an appeal, I will see him before that happens.  :(
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Monic1511

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Re: Please help!! Benefit stopped!
« Reply #24 on: 17 Apr 2014 07:43PM »
Hi Steve
Well done in getting the MR letter done, If there is any support worker / counsellor that you could get a letter of support from do that and then if there is no change you will have it ready for the appeal stage.

After a mandatory reconsideration has been looked at the dwp send you a letter telling you that the MR process has happened and the decision has not been changed (sometimes it does get changed and we can hope it will in your case)  You then have the right to appeal the decision, appeals are send to HM Tribunal Service who will then list it for a hearing.   Hopefully the MR will be  successful

Monic

devine63

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Re: Please help!! Benefit stopped!
« Reply #25 on: 18 Apr 2014 12:14AM »
Dear Steve

 well done on getting the letter completed and it sounds a good idea to send it RD on Tuesday.

I understand you will want to take your mum with you to any hearing if there needs to be one, but I would really encourage you to get a Citizen's Advice Bureau person to help too - if you start the process as soon as possible, taking your mum along if you need to, they won't be a stranger by the time you get to the hearing and they increase your chances of success considerably.

I also understand the "white coat syndrome" response - but is it possible you (maybe with mum's help, or ours) could write a letter about your difficulties which could be sent to your doctor?  S/he can be a lot more help if they know what you are experiencing (and they might be able to provide some helpful treatment, too).  In particular the doctor needs to know that you appealed successfully before and which criteria the Tribunal thought you met last time, as those are probably the ones your application this time should concentrate upon.

You can do it STeve!
regards, Deb


SteveX

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Re: Please help!! Benefit stopped!
« Reply #26 on: 18 Apr 2014 01:08PM »
Thanks.

I really don't want to contact anyone else, I know the CAB do really great work but I just don't want to deal with anyone else.
I am expecting the reconsideration to fail but I hope they will allow me to appeal, I know a tribunal is a terrifying ordeal as I've been through it before but I just hope that if I sit in front of a tribunal they will not be heavily biased like ATOS.  I hope they will judge me on the merits of my case and not 'ohh. this sucker is an easy target, lets throw him off ESA.'

as for what criteria I met at the last tribunal, I honestly have no idea and I never got any paperwork (or I've lost it, as it was 4-5 years ago)

I promise I will see my doctor but after the reconsideration. I have written a 4 page letter, I don't have much hope in the DWP paper pushers but we'll see.

Either way, I need the reconsideration out of the way asap so I can start the appeal and start getting a little income, I really hate taking money off my mum, she's totally awesome about it and says I'd have it anyway one day so I might as well have it when I need it but still, I can't help but feel guilty about it. 

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NeuralgicNeurotic

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Re: Please help!! Benefit stopped!
« Reply #27 on: 18 Apr 2014 01:44PM »
Stave, well done for getting the letters sorted out. I'll have everything crossed for you that the reconsideration process is quick, so that you can proceed to an appeal, should that be necessary.  >x-fingers<

Mums can be brilliant, can't they.  >hugs<

devine63

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Re: Please help!! Benefit stopped!
« Reply #28 on: 18 Apr 2014 06:37PM »
Well done Steve.  If you contact the Tribunal and ask to make a "Subject Access Request" under the Data Protection Act  you should be able to ask for copies of the papers from your previous Tribunal - if you get on and ask now (a simple letter should be fine, there will be an address on their webpage) then it should reach you by the time you need it for the Appeal.
regards, Deb

NeuralgicNeurotic

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Re: Please help!! Benefit stopped!
« Reply #29 on: 18 Apr 2014 08:36PM »
I really hate taking money off my mum, she's totally awesome about it and says I'd have it anyway one day so I might as well have it when I need it but still, I can't help but feel guilty about it.

There's nothing to feel guilty about, Steve. The guilty ones are sitting in Cabinet, in the media and in assessment centres, asking questions designed to trip up sick and disabled people.

Relying on your close family for financial help is not a nice thing to have to do, but if your positions were reversed, you'd be moving heaven and earth to help your Mum, so please try not to feel bad about it.  >bighugs<