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Hello, I am new on here and would appreciate some help on a number of issues if possible.
I was currently on DLA as I have a heart condition, angina and suffer extreme PTSD which has unfortunately affected me and the ability to work.
Over the past 6 months the DWP have as they have done to other's who are in a far worse condition of health acted quite disgustingly in their blatant attempt's to discriminate disabled people by taking any benefits that they have been entitled too because of a disability away from them whilst working along side Atos to get people off those benefits which as you know are now covered under PIP, and the quite biased assessment criteria this Country has witnessed.
To cut a long story short and which is now subject to an appeal I was not awarded PIP, and without going into detail the reason for this was because the assessor from Atos fabricated the events that took place and did not carry out a proper assessment, giving the assessment for both physical and mental issues lasted a mere 13 minutes says a lot.
This was 8 months ago and to date the DWP and despite orders from the Tribunal Judge warning them that they would be barred from proceedings have still and somehow managed to string the case out, ignore the Judges orders and basically being allowed to get away with it by the Tribunal which I find unjustified and unfair giving that I have followed all the procedures and presented my evidence in accordance with the rules and subsequent directions made in full.
I have in theory hit a brick wall and not because of anything that I have done, it is evidently what the DWP and to a certain degree the Tribunal are not doing that is causing undue delay and hardship as a result.
If things could not get no worser they have, the DWP have now stopped my entire claim for ESA on the grounds that I did not attend an assessment, to remove any doubts I have never missed an assessment like this and only 48 hours earlier I had to attend the job centre for another appointment so my motivation or not wanting to attend this ESA assessment was and never has been there.
I have previously explained the reason why I did not attend the ESA assessment which is based on the fact that I did not receive no notification and there could be two quite good reasons why no notice was received, (a) the DWP did not send the notice or, (b) the notice was lost or is still in transit with the PO, which and I assume I cannot be responsible for, any actions of a third party but cutting my ESA benefit because of this lays the whole blame down on me which I find disgusting and unfair.
So as it now stands I am not in receipt of any benefits that I feel that I am entitled to for my disability but also any welfare benefits which also had a work component payment in it because of my disability also taking from me and within the amount paid through ESA.
I have telephoned and written to the DWP asking them to make a mandatory decision on the grounds that I did not receive notice of the assessment and as I was placed in a work related activity group because I was deemed unfit to work under the ESA I am also challenging that decision because I ought to be in the support group.
I would be obliged if someone could kindly advice me that if I am in a support group under ESA AND UNDER THE MANDATORY AND APPEAL PROCESS and until it is concluded I can still claim ESA pending the mandatory and appeal process as I have read somewhere that the rules for claiming pending an appeal are somewhat different for people who have been placed in a work related activity because they are unfit to work.
Thanks for reading.
I was currently on DLA as I have a heart condition, angina and suffer extreme PTSD which has unfortunately affected me and the ability to work.
Over the past 6 months the DWP have as they have done to other's who are in a far worse condition of health acted quite disgustingly in their blatant attempt's to discriminate disabled people by taking any benefits that they have been entitled too because of a disability away from them whilst working along side Atos to get people off those benefits which as you know are now covered under PIP, and the quite biased assessment criteria this Country has witnessed.
To cut a long story short and which is now subject to an appeal I was not awarded PIP, and without going into detail the reason for this was because the assessor from Atos fabricated the events that took place and did not carry out a proper assessment, giving the assessment for both physical and mental issues lasted a mere 13 minutes says a lot.
This was 8 months ago and to date the DWP and despite orders from the Tribunal Judge warning them that they would be barred from proceedings have still and somehow managed to string the case out, ignore the Judges orders and basically being allowed to get away with it by the Tribunal which I find unjustified and unfair giving that I have followed all the procedures and presented my evidence in accordance with the rules and subsequent directions made in full.
I have in theory hit a brick wall and not because of anything that I have done, it is evidently what the DWP and to a certain degree the Tribunal are not doing that is causing undue delay and hardship as a result.
If things could not get no worser they have, the DWP have now stopped my entire claim for ESA on the grounds that I did not attend an assessment, to remove any doubts I have never missed an assessment like this and only 48 hours earlier I had to attend the job centre for another appointment so my motivation or not wanting to attend this ESA assessment was and never has been there.
I have previously explained the reason why I did not attend the ESA assessment which is based on the fact that I did not receive no notification and there could be two quite good reasons why no notice was received, (a) the DWP did not send the notice or, (b) the notice was lost or is still in transit with the PO, which and I assume I cannot be responsible for, any actions of a third party but cutting my ESA benefit because of this lays the whole blame down on me which I find disgusting and unfair.
So as it now stands I am not in receipt of any benefits that I feel that I am entitled to for my disability but also any welfare benefits which also had a work component payment in it because of my disability also taking from me and within the amount paid through ESA.
I have telephoned and written to the DWP asking them to make a mandatory decision on the grounds that I did not receive notice of the assessment and as I was placed in a work related activity group because I was deemed unfit to work under the ESA I am also challenging that decision because I ought to be in the support group.
I would be obliged if someone could kindly advice me that if I am in a support group under ESA AND UNDER THE MANDATORY AND APPEAL PROCESS and until it is concluded I can still claim ESA pending the mandatory and appeal process as I have read somewhere that the rules for claiming pending an appeal are somewhat different for people who have been placed in a work related activity because they are unfit to work.
Thanks for reading.
to LB
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