Please help..my son has lost all his benefits

[kathyanne]

Hi..I need some help..

 

My son who is 23 has lost all his benefits...as I write this I have just sent an appeal form in for him... he hasn't been paid any benefits for 2 weeks , they have stopped his ESA and housing benefit...he has no money for food or rent, we have had to pay this but don't think I can for much longer......

 

I have rung the help line and they have said there's nothing I can do, they need his appeal pack before they give him anything back...

 

My son has diagnosed High traits asbergers syndrome. I have a report 10 pages long from his clinical psychologist confirming this....

 

 

last year the benefits agency took his ESA away... just like this, we appealed, sent a report from his consultant and the decision was overturned..... that was in August 2012...

 

they asked for him to return again for another appointment only 8 months later and did the same again...he saw a DWP doctor who stated in her report, that he could speak clearly, operate a dishwasher and had good eye contact so he was fit for work.....they have stopped it again......

I have been back to his clinical psychologist who was appalled and has written me an in-depth letter....

my question is..is this illegal to put my son through the appeals process so quickly after winning one only in August 2012?? who do I complain to? I have written to the local MP and London but have heard nothing.......what can I do?

 

 

He is currently in a bad way and very stressed..his flat is is haven and I don't know what will happen if he losses it..... he has thretned to kill himself only last week..im distraught....please help...Kat.

[Special_talent123]

When u send his forms in always send it in with a supporting letter of how his aspergers affects him day to day thats what had to do with me.

 

Also they send these forms out every six months they make sure his needs havent changed but u could ask an autistic organisation to help fill out one, mine did it for me

Edited March 25, 2013 by Special_talent123

[kathyanne]

They have all that information, i explain all that and they have three reports from his clinical phsychologist explaining this...what im asking is is there anyone I can go to higher up to complain about his despicable treatment from the DWP doctors?

[Special_talent123]

Not that I am aware of.

[bed32]

The DWP have a complaints process - see here:

 

http://www.dwp.gov.uk/contact-us/complaints-and-appeals/

 

You can also complain to your MP or the Minister

 

I presume you can use judicial review as well but that might be a bit over the top.

[kathyanne]

Hi...i have done all that... i haven't had a reply off my MP, the minister, downing street, the council..the social security..nobody..they make me sick!

[positive_about]

Hi, have you been to the Citizens Advice? They might be able to help you appeal, and also explore other options. Have you looked into supported housing? Also, speak to your local welfare rights officer, they might be able to help. Its not easy losing your benefits, but it doesn't have to be catastrophic, do what you have to do - and keep positive.

 

He may have to considering working, in which case he could try doing Work Choice which helps people with disabilities and health problems into work, well, helps them look for work. That's what I'm doing right now, it does help me feel better about working again.

[lynyona]

What isnt helping either is the back log of appeals theyve got my husband is awaiting appeal for esa and been told it can take upto a year and i have just go the ESA questionairre to fill in for my son who has to go from incapacity beneit to ESA very soon i am dreading it becuase there is no way he d even get to the assessment going to crack on with that sometime today going to write what i need to first to make sure i havent missed anything before i fill it in. It is just getting ridiculous this Atos Situation.They are putting undue stress and financial hardship on the people that need it the most.

[Kazzen161]

When ESA make a decision, they also decide how long it could be before reassessment - the longest T has had was 18 months and the shortest 6 months.

 

You son should be getting some sort of benefit - if not ESA then JSA. Housing Associations are often understanding if they know that he will be getting benefits of some kind and therefore his rent will be paid. My son was without any money at all for 6 weeks due to DWP errors - he had just moved into a flat and could not pay the rent or buy any furniture.

 

The site http://www.benefitsandwork.co.uk/ is very useful. It has excellent guides on how to claim and appeal.

[rehcnurctuG]

From October this year, there won't be ESA benefits paid during the appeal phase. As in if you appeal, during the wait, you won't get any benefits income.

[kathyanne]

I've done all I can ..appeal in..MIND Complaint in......letter to MP and DWP of complaint..letter to downing street..3 weeks in and still not a penny for him, no rent or even JSA....I'm totally disgusted with them..he cant work because he has the highest form of aspergers and has severe anxiety when in open spaces..the job centre and social services have refused to help him find a job he can cope with due to lack of resources....im at a loss:(

Edited April 1, 2013 by trekster

[rehcnurctuG]

That is what the government had in mind with the social security cuts and abolition of Incapacity Benefit - make it impossible for certain people to live off benefits, so they have to live with and be financially supported by family members etc.

 

 

Remember that from October, if you get rejected from ESA as 'fit to work' and appeal the decision, you won't get the assessment rate of ESA when waiting for the DWP to reassess your case and arrange a tribunal.

 

http://www.guardian.co.uk/society/2013/apr/02/disability-benefits-welfare-legal-aid

Edited April 5, 2013 by trekster