ESA Advice asap
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.
