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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

SS to get into SG after time limiting

Jane O-P
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Parkinson's UK

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Joined: 31 July 2017

Morning,

I’m stuck with this one, any suggestions greatly appreciated!

Client was originally on IB, was transferred to CBESA and placed in WRAG. CBESA ceased due to time limiting.

Since then he has been on credits only award.

Condition has deteriorated to point where he clearly meets SG criteria.

Since April 2018 me and client have made repeated attempts to contact ESA to ask for reassessment. After not being able to get through on the phone I wrote to ESA and then send two subsequent complaint letters. The MP has contacted ESA on his behalf which 6 weeks later hasn’t prompted any response. We’ve never had any reply from ESA.

I’ve never managed to speak to ESA about this case, I give up after 30 mins waiting.  I know they likely won’t speak to me anyway. Client has tried ringing but due to his condition is not in a position to wait an hour on the phone. He has sent many emails, none of which have been replied to.

What next? ICE? Get the MP to refer to the ombudsman?

Thanks

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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If it were me I’d fill in one of these , send it in then chase it up.

edit: then I’d argue the toss about when the supersession should be made from once it’s complete.

Jane O-P
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Parkinson's UK

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Good point! Thanks Dan.

Jane

WRT Case Worker
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Citizens Advice Rotherham

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During a case law update meeting at Leeds in May it came to light that more and more claimants were being supported with remedy claims in the county court. Apparently, this has proven to be very effective. I wonder if this could be one such case!

Jane O-P
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Parkinson's UK

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WRT Case Worker - 16 August 2018 04:42 PM

During a case law update meeting at Leeds in May it came to light that more and more claimants were being supported with remedy claims in the county court. Apparently, this has proven to be very effective. I wonder if this could be one such case!

Thanks, that is interesting, not something I’m familiar with at all. Anyone out there who has done this and could explain a bit?

CDV Adviser
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Nestor Financial Group Ltd

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I’ve had a few over the last 18 months where ESA don’t bother replying. I now send one letter followed by a complaint letter to the JCP manager. If no response I email correspondence@dwp and it gets resolved pretty quickly.

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Jane O-P - 17 August 2018 08:37 AM
WRT Case Worker - 16 August 2018 04:42 PM

During a case law update meeting at Leeds in May it came to light that more and more claimants were being supported with remedy claims in the county court. Apparently, this has proven to be very effective. I wonder if this could be one such case!

Thanks, that is interesting, not something I’m familiar with at all. Anyone out there who has done this and could explain a bit?

See the attached by the PLP from a workshop they run. Fortunately, their workshop is far superior than my scanning.

File Attachments

Daphne
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rightsnet writer / editor

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Jane O-P - 17 August 2018 08:37 AM
WRT Case Worker - 16 August 2018 04:42 PM

During a case law update meeting at Leeds in May it came to light that more and more claimants were being supported with remedy claims in the county court. Apparently, this has proven to be very effective. I wonder if this could be one such case!

Thanks, that is interesting, not something I’m familiar with at all. Anyone out there who has done this and could explain a bit?

You might find this online handbook for equality cases helpful - https://www.rightsnet.org.uk/forums/viewthread/12894/