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As a few of my twitter friends will know I had my Incapacity Benefit stopped because I exceeded the 30 day time limit to return the ESA 50 FORM for migration well I challenged this decision on the grounds I had executive function disability due to SAH Stroke I have heard today that they uphold my reconsideration and payment is returned. Quiet rightly so in my opinion. however the fight continues with ATOS as I am now awaiting the assessment appointment letter.
My reconsideration letter is below:
Re: Stopping of Migration from Incapacity Benefit to Employment Support Allowance.
Dear Sir/Madam,
Please accept this letter to request that you reconsider you wrong decision to stop my Incapacity Benefit.
This ESA50 Form has now been returned to you although I do accept it was a few days late that was out of my control due to complex mental health issues I have after suffering an SAH Stroke and thus damage to my frontal and temporal lobes caused by blood starvation.
Because my wife also cares for her mum and who lives with us I am sure you can appreciate we live hectic lives and thus with her mums ever increasing care needs she is not always around to prompt me.
I endeavoured to return this form to you as soon as possible but the form in it’s self was confusing to say the least and does not relate to the many mental health issues I have.
The time limit imposed to return forms is clearly not long enough for mental health claimants and one rule does not fit all.
If my rightful and just claim is stopped it will have a serious impact on us as a family unit because despite being entitled to mortgage interest relief we do not claim this and never have done it was a moral decision we took which we stand by because we do not believe it is the Governments roll to pay this as it was our choice to buy the council house for which was already discounted. However the incapacity benefit paid due to my wide ranging disabilities which was not a life choice goes a long way in meeting our mortgage payments.
I hope that you can see the decision you took was wrong and that I am not a scrounger as perceived by our wonderful Government who’s MP’s claim every expense under the sun including mortgage payments on second homes.
I appreciate your rules and regulations do not come from the many good civil servants reading these letters but from management and politicians above so I apologise if this letter is harsh in places but it has to be said because the WCA and ATOS are a farce and goes against all disability law both here and at the EU and UN.
Yours Sincerely