Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder jacbrass Novitiate

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    Default ESA Medical

    i have been off work since June with back pain (REAL I SWEAR) i usually work full time in a busy optitions and am used to be running around all day this back prob has come out of nowhere :cry: i have been on esa since end dec and have to go for the medical on the 13th march and after reading your forums i am really worried what happens if i get turned down (this seems to be the normal outcome) does that mean i will have no money coming in ? my job is still being kept open at the moment and i have physio 2 x a week and seeing ortho team next week too any advice on both the actual edical and the likely outcome would be greatly appreciated
    thanks
    jacquie


  2. #2
    Site Team antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone Authoritative antone's Avatar

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    Default Re: ESA Medical

    It is true that a large number of people "fail" the medical, that is, are found not to be entitled to ESA. I have never claimed ESA, I am an ESA processor, so I can't tell you anything about what the actual medical is like. Nor can I tell you if you're likely to pass, so please don't take the rest of this post as an indication that I think you'll have problems - I have no idea. If you pass you'll get more money (from the 92nd day of your claim) and all will be well, so I'm really just providing these comments so that, should the worst happen and you don't pass the medical, you have some idea what to do next.

    You have the right to appeal the decision if you do fail, and if it is your view that the decision is wrong, appealing the decision is what you should do. You can ask for form GL24, the appeal form, or you can simply write a letter to your Benefit Delivery Centre. If you write a letter, be sure to state in it that you wish to appeal, specify what decision you are appealing, and give your reasons. Something like:

    "I wish to appeal against your recent decision to disallow my ESA, communicated to me in your letter dated DDicon/mm/yyyy. I believe this decision to be wrong because..."

    and be sure to sign the letter.

    When your appeal is received you will be entitled to ESA at the basic (assessment phase) rate until the independent tribunal reaches a decision. Your payments may be interrupted for a couple of weeks, but provided you continue to submit medical certificates, you will be paid ESA. The Tribunals Service should contact you with more information about how their processes work, but you do have the right, if you wish, to appear in person at the tribunal to state your case. Most of the anecdotes I hear suggest that appearing in person is a very good idea.

    Hopefully all will go well for you on the 13th March, and you can ignore everything I've written. But it's always best to be prepared.


  3. #3
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    Default Re: ESA Medical

    The most important thing is not to worry about your medical. Just go along, be honest, be sociable and don't be surprised if you score null points. If you score any points at all look at it as an amazing success. You may of course pass, I am deliberately going through the pessimistic view.
    I think what I'm trying to say, is that if you don't initially succeed, don't take it personally.
    The ethos behind ESA, in my view, is laudable. Those who are able to work to be helped to do so. Unfortunately it's ended up as a horse designed by a committee and the result is a camel.
    The last thing your medical will be is a, er, medical. It's an assessment as to what you are capable of doing. The Doctor / Nurse that conducts it will be restricted by a computerised questionairre from which they cannot veer. If you say something that does not fit the bill it will be ignored.
    Being medically qualified they can, of course, ask you to touch your toes, put your hand above your head, stick your tongue out and say 'ah'. But that's about as scientific as it gets.
    The room that mine was held in was clearly shared by many. As hygenic as the average broom cupboard and devoid of any trappings associated with your local surgery. This is health assessment 1940s style.
    The single biggest flaw in the system is, as usual, glaringly obvious. In order to assess what you are capable of doing we should first assess what you are not capable of doing. Never before have I seen a one-sided coin. Your professionally assessed medical history will be deemed irrelevant.
    I truly hope you pass, just don't be surprised if you don't.
    We can't really blame ATOS. They won the contract fair and square. Clearly they were the lowest biddericon. By far. They can, however, only report back the data they have been instructed to collect. The decision itself will be made by the DWP Decision Makers. These are the fools who bought the camel in the first place thinking it was a horse.
    The only 'good' news is that - if you have to appeal - ESA continues at the assessment rate for the duration. Average wait 9 months.
    Best wishes.
    Rae.

    [Pssst! wanna buy a horse???? ]

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  4. #4
    Basic Account Holder jacbrass Novitiate

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    Default Re: ESA Medical

    ooh lol i could'nt get on a horse let alone a camel ha well i can stick my tongue out and lift my hand the toe touching will not happen tho cos my leg is affected i need a stick and usually land up nearly bent in half by the end of the day so i expect i will fail !! thanks so much for your advice i have always worked so first experience of the benefit system and it is unbelievable i am having to go to interviews at a county training place and have had a pathway interview (within 3 weeks of claiming) and have to explain that i do actually have a job but i am physically unable to do it at the moment but hopefully they will sort it eventually and i will be back to normal. It amazes me that i know of umpteen people who have never worked through choice not illness physical or mental and they just carry on without all these various interviews ect !! Dont figure !!
    thanks again for your advice
    xx


  5. #5
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    Default Re: ESA Medical

    Hi there jacbrass. I agree with everything Antone and Kelcou have told you. I would take the pessimistic view, having failed my Atos assessment. The tribunal service is much more fair and will take your word about your problems, also independent medical opinion, if you have it in writing. Do you have a blue badge, for example, as other proof?

    As Antone says, it's much better if you can attend to tribunal if you go that far, so they can see how you look and of course, you have your say. We won, so I know the system works.

    If you're sent to see Atos, as others have said recently, don't put a brave face on it because they will enter positive answers on the computer system.

    Please keep in touch with us. HB x


  6. #6
    Basic Account Holder jacbrass Novitiate

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    Default Re: ESA Medical

    i havent applied for a blue badge how do you do that and i thought you had to be very very bad to even consider that i cant walk too far and need a stick for most things. Sorry to be such a numpty as i said i am a bit dumb as far as the benefit side of things are concerned x


  7. #7
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    Default Re: ESA Medical

    Hi. I don't know a lot about blue badges myself, but my father in law can't walk very far at all without having to stop and have a rest, and he has one. I would start at your GP's surgery.

    Kelcou has recently done this and I hope she might shed some light on it.

    HB x


  8. #8
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    Default Re: ESA Medical

    Hi jacbrass, from reading your post you are clearly 100% fit
    The Blue Badge scheme is a national scheme run through your local council. In my area the County Council handle initial applications and the District Council handles renewels. There shouldn't really be any regional deviations...
    There are two routes to acquiring one. Either being in receipt of Higher Rate Mobility DLA [automatic entitlement, and quite right too] or the Discretionary Award. Obviously, I went for the latter.
    My first stop was a chat to my GP about it. She confirmed the main criteria would be 'does walking 50 - 100 yards cause severe distress or discomfort?'. We both knew the answer to that one! She added that the fact was also in my medical notes so anyone who has access to them would know.
    I then completed the online application. Less than 48hrs later I had an email confirming it had been approved.
    The Badge costs 2, a car window sticker 1 and - the most expensive part - 2 passport sized photos 4.
    The only possible niggle I can imagine would be how long are you likely to have mobility problems? I think the Badges run for three years at a time.They don't issue short-term or temporary ones. I mention this only because I don't know your prognosis. I'm sure it should be fine though. Just check with your GP.
    Best wishes.
    Rae.


  9. #9
    Basic Account Holder jacbrass Novitiate

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    Default Re: ESA Medical

    thanks for that think i will wait and see orthos next week still hoping it can be sorted soon :* but if they dont have any bright ideas i will certainly give it a go


  10. #10
    Basic Account Holder upsetnanny Novitiate

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    Default Re: ESA Medical

    I am really worried. I have a severe visual impairment and I have been asked to attend an esa medical. I am scared what they will do, what questions they will ask me. My vision is approxomatly 20/150 and there are so many things I am unable to do by myself, for example, I can't cook a meal for myself, go out by myself I can't even make a cup of coffee by myself and I have been asked to attend a medical, what other evidance do they need. Cor, I am asking for help to get employment, I am hoping to be put into the work group, what a blooming farce to go through all this to get the help and support you really need. I am a born again christian as well, so no way would I lie about my own disability. Don't They know when someone is genuuine.


  11. #11
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    Default Re: ESA Medical

    Hi upsetnanny and welcome. The ESA / ATOSH assessment is a worrying time indeed!
    Click on the link I've provided and you can start your own thread which will get you more response.

    http://www.consumeractiongroup.co.uk...ewthread&f=160

    Hunni, you should do as you will naturally want to do - be honest and answer questions fully. Unfortunately, that doesn't seem to cut much ice with ATOSH and the modern day DWP.
    But, here at CAGicon, you are amongst people in the same boat. It is early days but we are all slowly learning how to row together and we'll do our best to support and advise you.
    Best wishes
    Rae


  12. #12
    Basic Account Holder upsetnanny Novitiate

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    Default Re: ESA Medical

    hi
    thank you so much, I have started a new threadicon called My ESA Medical, and I am glad I have found people that I can share my anxieties and news with and also my worries. Thanks again.


  13. #13
    Basic Account Holder jacbrass Novitiate

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    Default Re: ESA Medical

    Hi all well i have my appeal today landed up with 12 points and i am really no different have the speciallist on the 11/11/2010 and not sure what they will come up with. My job has now gone only last month though so they were really patient but very nervous about today any advise would be very welcome xx



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