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.

£19.99 + £1.50 (P&P)

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  1. #21
    Basic Account Holder doktorjohn Novitiate doktorjohn's Avatar

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    Default Re: ESA medical on friday

    You have been awarded ESA and you will not be expected to work.

    Congrats to you.

    - dj

    Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.
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  2. #22
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical on friday

    Thankyou dj,and i would like to thank everyone else,really appreciate all the help you gave me

    Am i right in saying i still need to give sick notes from my doctor for my payments?

    Thanks again everyone

    Phil


  3. #23
    Basic Account Holder Kicking-Us-Off-ESA Novitiate

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    Default Re: ESA medical on friday

    Quote Originally Posted by phil76 View Post
    Hello everyone

    I received a letter this morning, its about my medical assessment,it says i have been placed in support group and my money will rise,does this mean i have passed my assessment?and what does support group mean?

    Thanks

    Phil
    That was a quick reply after your medicle less than a week...
    Yes PHIL you have passed!!!!! no more sick notes.


  4. #24
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical on friday

    Yeah i was'nt expecting decision that quickly either Are you sure i dont have to give sick notes in for my payments?

    Thanks again

    Phil


  5. #25
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    Default Re: ESA medical on friday

    Yes, once a decision is made following a medical, certs are no longer required as it has been determined that you are not fit for work.

    I bet that's a huge weight off your mind!

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

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  6. #26
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical on friday

    Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

    I just hope i can start feeling well again soon

    Thanks

    Phil


  7. #27
    Basic Account Holder satire Novitiate

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    Default Re: ESA medical on friday

    Quote Originally Posted by phil76 View Post
    Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

    I just hope i can start feeling well again soon

    Thanks

    Phil
    Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

    The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

    With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

    I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.


  8. #28
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical on friday

    Quote Originally Posted by satire View Post
    Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

    The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

    With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

    I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.
    Ok thanks for the info


  9. #29
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    Default Re: ESA medical on friday

    Hi everyone,
    don't be put off , I had an esa medical by ATOS in february last year, I was and still suffering with severe back problems and due to have surgery this month. I suffer with spinal canal stenosis and scoliosis of the spine together with misplaced discs which gives severe back and leg pain with instances of pins and needles and numbness in legs, back, and groin.
    The medical was a farce, the doctor would not look at any off my medical notes from my doctor or neuro-surgeon, he just asked a few questions .
    he then asked me to lie on a couch and lift my bad leg which i couldn't without his help and also to squat down and then rise and i had to ask for his help because i was in agony.
    He ignored my request to put spinal stenosis on his report.
    He put backache and said it was easier to understand.
    Needless to say in may I received a letter from the esa saying my benefit would stop and was fit for work
    I appealed and asked for a copy of my medical report which scored me zero, and was full of conflicting evidence, missing out my symptoms, the tablets I was taking etc, he even said that he had done a thorough medical of my back.
    I didn't even take my sweater off because i wasnt examined.
    I sent the appeal back together with my notes on the medical report and lo and behold I was denied again and told if I wanted to take it further it would be a tribunal.
    So I did and game them the same medical evidence I had and was told the tribunal would be in november but eventually a date was given for february 9th this year.
    I passed this time with a score off 18, at the medical it was 0 and was told all extra money due to me from last year would be re-imbursed which is around 1000.
    So if you have any medical evidence whatsoever, from doctor, surgeon, physio etc send it in to the tribunal, ask your doctor as well to write a personal letter on your behalf and forward that to the tribunal as well.
    All I want now is my spinal operation and to recuperate and i now know the esa won't be on my " back" every few months.
    I will get regular reviews after the operation but the judge at the tribunal said it would be through my surgeon and doctor

    good luck everybody

    John


  10. #30
    Basic Account Holder phil76 Novitiate

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    Default Failed ATOS medical :(

    Hello everyone dont know if you remember me but i suffer with anxiety and depression had this for a while now and had my first medicak back in january i think it was,had another medical last week and this time have failed this has really made me feel really low again,im going to appeal because i still suffer the same problems,do you think i have much chance of winning appeal and will i still get any money while appealing? thanks


  11. #31
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    Default Re: ESA medical UPDATE post #30

    Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received.

    It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day.

    Without more info, its impossible to say - all we can say is we're here to help.


  12. #32
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical UPDATE post #30

    Thankyou leemack,yes it is ESA that i was claiming,thanks for saying that you are here to help


  13. #33
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    ashmk Highly informative ashmk Highly informative ashmk Highly informative ashmk Highly informative ashmk Highly informative ashmk Highly informative

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    Default Re: ESA medical UPDATE post #30

    Let's just hope they make the right decision.

    Ash.

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  14. #34
    Basic Account Holder phil76 Novitiate

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    Default

    Quote Originally Posted by ashmk View Post
    Let's just hope they make the right decision.
    Thank you


  15. #35
    Basic Account Holder phil76 Novitiate

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    Default Re: ESA medical UPDATE post #30

    Do they not realise by stopping people's money they make us feel alot worse than we already do? I already have high anxiety/depression without worrying about my money being stopped and now I feel alot worse because of the letter I received today


  16. #36
    Basic Account Holder Horus1 Novitiate

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    Default Re: ESA medical UPDATE post #30

    one thing i will say is that when i went for my esa medical there was certainly a little black wire hanging down from one of the ceiling tiles, there is no doubt it was a microphone!!!!


  17. #37
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    Default Re: ESA medical UPDATE post #30

    Quote Originally Posted by phil76 View Post
    Thank you

    Don't thank me, I never said what I felt the right decision was.

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  18. #38
    Basic Account Holder Caducea Novitiate Caducea Novitiate

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    Default Re: ESA medical on friday

    Hi ~ I don't know if it will help, but please see my post in ATOS doctors could be struck off

    Good Luck.



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