DWP refusing to put me through to a decision maker.

[Elysium]

As usual I telephoned DWP today re my medical evidence. It has arrived and I asked about reinstating the basic rate ESA. I was told in no uncertain terms that I would not get it and I have been advised many times. I told the person I was advised once and they couldn't provide me with the exact legislation which proves this.

I was told to look it up online and read it myself.

The woman refused 4 times to provide me with the exact legislation and finally admitted she didn't know it. She then refused 4 times to put me through to a decision maker stating again, I could look it up myself online. She even asked me what I wanted the call back for and when I said I want the exact legislation, she again said look it up online.

Finally, with her talking over me I said I wanted a call back from a decision maker to find out the exact legislation "as it is my right". She went silent and went off and asked her manager, came back and booked it for the next 24hrs. However when I said I have trouble getting to the phone could she please make a note of it. Her reply was "as I said, they will try a few times". I asked her if she would make a note of it and she repeated her reply. I then asked her why she is refusing to note that down and she replied "I didn't say I was refusing did I?"

A very difficult conversation. Hopefully I will get a call back soon, but I guess she will either not do it or put me to the back of the queue.

I am livid!

[NeurologicalNed]

The DWP simply won't transfer you to a decision maker, they just don't. Like they have said though, they will call you back and a decision maker does try a few times to do so. Do you have a mobile they could contact you on?

I would advise you to always keep a record of the names of the advisor, what centre they're in and what time you called.

[Elysium]

I have all the names and dates. I didn't ask to be transferred I asked for a call back, sorry my title was written in haste. Have amended it. She kept refusing a call back from anyone who could help me.

[NeurologicalNed]

I can't remember, have you been awarded WRAG or been found fit to work? Are you wanting the original decision maker to call you and explain their decision? Ideally, this would happen in all cases but doesn't, it seems the onus is on the decision maker. If they have found you fit for work they probably are too scared to call you and tell you and would rather cowardly send you a letter.

[NeurologicalNed]

Or is it you haven't yet had a decision and you want to talk to them prior to them making one? If this is the case I would think you would be very lucky to get a decision maker calling you before they have decided. I've been waiting weeks for a decision and it still hasn't been assigned to one yet.

[Elysium]

Sorry cookmysock, I am a continuing claiment - been in the SG since 2012. They sent me an ESA50 in May last year. Big mess up with my doctor leaving and getting a new one. They requested a home assessment because of my walking issues. Maximus refused and sent me a letter offering a taxi. My disability is non-definable in that no one knows what is causing it, it comes and goes and I can sometimes walk a little over 20 metres in one hit and sometimes cannot get out of bed and weight bear. So having a taxi doesn't help if I couldn't get out of bed that day.
Dr's surgery resent request for a Home Assessment 5 times. Was told by a Maximus representative they were going to assess me for a Home Assessment based on this new evidence and WCA were cancelled and not to worry about them. I would hear in 3-4 weeks. Another 2 assessments were sent the next day which I assumed was a mistake and lo and behold my ESA stopped for failing to turn up at an assessment, which I had shown good cause for not being at. Nukecad believes because I was a continuing claimant I should be able to get basic rate ESA whilst awaiting my appeal, which I got a date for in the post today. Nukecad wanted me to get the exact part of the legislation they are using to deny me my benefit, which it seems highly probable as my original claim is from 2012 and before March 2015 which is mentioned in legislative notes as being the date no ESA whilst appealing if you "miss" an appointment, seems to suggest.

Confusing I know!

[NeurologicalNed]

Bloody 'eck, it really is. If you don't get a call back I'd suggest speaking to your mp as it seems to be the DWP are being deliberately vague! Or try CAB.

[Elysium]

Just had a call back saying that my benefit will be reinstated. I am due a call back from the team dealing with changes who will confirm everything and the dates I will get paid from.

Watch this space it could all change.

[Elysium]

Aaaaannnd they rang back and said no because I missed the assessment.

Guy was terribly apologetic and said he felt from reading my file it would be overturned at appeal.

To be fair it's 3 weeks til the appeal. Not gonna fight this anymore.

[nukecad]

That was quick, I had just posted a reply when you posted again.

So here is an edit

I still think that they are wrong, and it's very telling that they won't say which legislation they are using to make this decision.

(I would have been tempted to say 'I've looked it up and you are using the Repeat Assessment Regs. 2015 and interpreteting them wrongly.' That should have got them to confirm they were using those, or say just what they are relying on).

Oh well, if you're going to leave it for now at least you'll get it backpaid when you win at appeal.