Employment and Support Allowance (ESA)
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fitness for work re-evaluation

rockape477rockape477 Member Posts: 2 Listener

Hi All, I hope you are feeling better than me.

Although I have suffered serious mental problem since the 70s, with PTSD. I became disabled 4 years ago, with mental problems, diabetes, blocked arteries, etc    I claimed esa and attended the assessment which was quite professional and fair. the decision makers awarded me an enhanced rate. about 2 years later. I received a call from the compliance team to say I had not declared my pension to them and that I had been overpaid that was in the September. I insisted that I jolly well had informed them of my pension. 

In the jan, I was informed that I had indeed been overpaid and they were reducing my esa by £377 a month. The day after another letter to state I owed them £17000. Yes me too I thought those exact same swear words. I wrote out a mandatory reconsideration requesting copies of my original claim as was sure my pension was declared. stress stress stress suicidal even! never got a reply no copies of requested documents arrived so I though good they have sorted it. In September 8 months later I received a letter to state they were going to start recovering the debt by £11.70 a week. 

I complained and said I had sent mandatory consideration and had not received a reply. they stated not received I replied you received it on 23 jan signed for by h haddon I still had proof of posting. Oh yes she said there it is doesn't look as if it has been acted on. lots and lots of phone calls back and forward in the mean time debt being recovered. 6 weeks received the call confirming yes your pension was declared it was our fault debt cancelled. I think because of that they declared war on me because a few weeks later received a further letter with forms to fill in for a reassessment for the ability to work. bearing in mind 4 years since the last assessment and my disability is now 4 times as bad as originally. 

did the assessment 6 November felt strange all the way through so after a few days requested a copy of his report. when I read it was totally shocked It was full of assumptions and not facts lots of things missed out and outrageous lies even with the medical evidence in front of him. totally stitched up. can you guess the result insufficient points awarded to claim esa. despite all of my medical issues I did not score a single point in any of the categories. 

As you can imagine I am in a very bad way. multiple calls to the Samaritans, SSAFA, veterans Asc, combat stress, my mental nurse,doctor, crisis team, helping hands, My MP, Prime minister (yes its true) finally scope just to let everyone know there is something rotten in the barrel, something going on. My life is in peril here and now. I have give my self two weeks to get every thing in order. I have designed a memorial plaque for the family bench with my name. veteran, medals awarded. killed by the DWP. Sad but true it wil happen amongst all the other benches for all to see.       

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @rockape477
    Welcome to the community, I am so sorry to hear you are having such a tough time.  I am glad to hear you have been calling around to let people know what is going on, are you also asking for support in this time?

    You are a member of our community and we care. If you are having thoughts of suicide it is important to talk to someone qualified to help, you can call the Samaritans on 116 123 

    If you feel you are an immediate danger to yourself then please call 999 or go to your local hospital.

    There are many members here who do understand just how difficult it is to go through this situation, please do speak up and talk to us.
    Scope
    Senior online community officer
  • angiefitzangiefitz Member Posts: 3 Listener
    Please do a mandatory reconsideration. Even if they say no again, you know you will win at a tribunal. Never let the system win!
  • [Deleted User][Deleted User] Posts: 118 Listener
    rockape477
    Im echoing angiefitz
    Mandatory reconsideration! your understandably shocked and feeling totally diminished by the system.. i lnow how that smarts.. i agree with you there is something rotten in the barrel. I keep thinking we need to club together and expose the inhumaine way that we are being treated. this could happen to anyone and we have got the short straw ...at the moment....i have the same feelings as you itss a national disgrace its like we are being punished and for what??? cant help being ill...or a scapegoat for the mess the governments have caused. 
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @rockape477, how are you doing?
  • rockape477rockape477 Member Posts: 2 Listener

    hi Pippa,

    I am in a very dark place at the moment. The crisis team have compiled a report on my mental health, listing some things, I requested not be made public. They have sent full disclosure of that information to my doctor and Helping Hands. Who they referred me to. I am furious, even my Phsyciatrist blacked out these events on his report to my doctor. I now want nothing to do with the Crisis team or Helping Hands, and feel like I cannot ever go to my doctors again.

    I then had a call from the DWP to say they needed more medical evidence, to consider a change of decision. I informed them that the assessment centre already had all of the medical evidence. (It cost me over £5 to sent it to them.) This evidence both written and physical. However, were manipulated by the assessor deliberately. Without any consideration to his duty of care. Or to the risk of my personal health and safety, due to my mental heath state which clearly stated suicidal tendencies. My wife/care witnessed all of this and can confirm what was omitted, falsified or constructed deliberately. I informed the DWP advisor that I was suicidal and didn't wish to speak with them anymore and hung up. I have not smoked for 4 years. I felt the need due to the stress to go to the shop with my wife to buy some strong cigars. I smoked three one after the other. When I returned home there was a card from the Police to say they had called. They were called by the DWP, and were concerned for my safety.  I find it incredible That to prove your mental state. You have to commit suicide. It reminds me of the ducking stool of the witch trials. If you drowned you are innocent. My how much this civilisation has advanced. I suppose when I do decide to end my life they will just say "Hey I suppose he did qualify after all.

    I am so sad and so stressed. I must finish this post as it really doesn't help, but thank you all for your concern and listening.     

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi @rockape477 I am very sorry to read your posts and just wanted to reiterate that you should indeed proceed with your mandatory reconsideration.  It sounds like you had some evidence submitted at the medical assessment.  If this is the case and you do not have any more to provide, there is still no reason why the DWP cannot complete the mandatory reconsideration, and you should insist they do.  Once that is issued, you can then complete a form SSCS1 and request an independent tribunal hear you case.  The are usually held locally and are often a good opportunity to meet face to face with the panel (a lawyer and a doctor) to explain just how significantly you are affected by your health conditions. There is a high success rate at appeal and I would urge you to continue with this.
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @rockape477, it's good to hear from you.

    I'm so sorry to hear that things are tough, it's clear to see that you're coping with a lot and I'm truly sorry to hear that you're dealing with this on top of everything else. I'm glad you have your wife by your side.

    Please do look after yourself, seek help when you need it, and know that we're here to listen, no matter what's happening, and we'll advise wherever we can. I hope today is as kind as possible to you. 
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