Advice desperately needed - Employment Support Allowance(ESA) Stopped..... :(

[Debz3112]

installspark:

 

can you tell me what happens if my gp still signs me off sick and my esa appeal is rejected [god forbid]

the only other option seems to be jsa, but my gp says im not fit to work so how jsa office be the answer ?? :?

thanks in advance for your help

hi there,

 

How did your appeal ago? Have just heard they've reconsidered my medical exam and the oriinal decision stands so have to go to a tribunal which is worrying me sick. I'm sick of asking noobs at the DWP what will happen if my appeal fails and I'm still unfit for work, did you find out the answer to this question.

 

Cheers

 

Deb x

[UnitedFront]

Hi, we've had the same thing..... idiots at the DWP not accepted the appeal, doctor for the DWP made a completely untrue statement (I contend he has made an almost fraudulent statement!!) so we are also off to Tribunal and have been awaiting for months!!

 

Unfortunately nobody has been able to answer the other question though.... I am led to believe it is a criminal offence to claim jsa knowing you cannot work..... but then again I cannot see how they can say you're not allowed jsa if their own process says you are fit for work.....

 

Cheers

UF

[highandwild]

An interesting question came up to day that nobody at the job centre or at the DWP could answer. I cannot apply for JSA as I am not available for work as being long term ill and a GP's note to back that up but have been refused ESA as I got zero points at the medical assessment. It has been referred upwards for a solution. Has anybody any experience of this?

[RaeUK]

Sorry to bump up an old thread but really wanted to comment here. It came up in a google search.

I read the OP and thought OMG! That's exactly the situation I'm in. Apart from the OP's Dad being a little worse than me I think - emphysema isn't as much fun as I thought it should be!

And I scored 0 in my Atos medical - what an aptly named firm, a real bunch of... well, you get my drift.

I will start a seperate thread nearer the time about my tribunal as I know I'll be worrying about it.

But - please don't shoot me! - I just wanted to state my interaction with the DWP [Decision Maker aside]. I've found them so helpfull and understanding.

Right from my first application by phone they helped me throughout all the way up to the present day. I'd been speaking to the same person a few times in a row - luck of the draw - when the decision came through to say I was really fit! That person was the first to say they couldn't believe the decision, I really needed to appeal, explained the process and reassured me ESA would continue and get the paperwork in asap.

If I happen to speak to them near the time my sick note expires they always remind me.

My Pathways Adviser at my local Jobcentre couldn't be more helpfull and I genuinely look forward to our meetings. She'd been off for a few days and didn't know I'd failed my medical. When I told her, her face was a picture. You can't fake surprised horror that well. She too urged me to appeal and said there was no way she wanted to see me on Jobseekers as it simply wasn't right.

I appreciate a lot of people are having problems with the DWP but I just wanted to say its not like that everywhere. Maybe I'm just lucky...

It isn't all a bed of roses though - in 4 weeks time I celebrate my first full year in the '13 week' assesment phase!

 

[bTW, OP, hope your Dad's Ok and things are working a little better for him x]

Edited October 29, 2009 by RaeUK
typoo

[Zamzara]

An interesting question came up to day that nobody at the job centre or at the DWP could answer. I cannot apply for JSA as I am not available for work as being long term ill and a GP's note to back that up but have been refused ESA as I got zero points at the medical assessment. It has been referred upwards for a solution. Has anybody any experience of this?

 

The ESA decision that you are capable of work is binding on the DWP as a whole. If they wish to revise that decision, you would be eligible for ESA again. They cannot run with contradictory decisions.

 

If you claim JSA you can restrict your availability to work in line with you illness or diability, even if it means you have no prospect of finding work. This is a situation an increasing number of people will be in since the changeover to ESA.

 

If you are appealing removal of ESA then you remain entitled to ESA until the appeal is heard.

[MadOnLicorice]

Following two years suffering from tennis elbow I went into hospital on 8th September to have the tendon released, my elbow decalcified and damaged tissue scarring removed. The consultant gave me a medical certificate stating I was unable to work for 2 months so I claimed ESA (based on my contributions) as I am a self employed. The medical certificate still doesn’t expire until 8th November, I was awarded ESA and went for a medical with Atos on 23rd October and the DWP sent me a letter on 27th October to say I was no longer entitled and I too also scored 0. I saw my consultant on 26th October who said I was still unable to work and wants to see me again in 3 months time and has referred me for physiotherapy as the muscles on my right arm have no strength and my elbow is still quite painful due to the procedure of the operation. I have been in touch with DWP who have told me to write in and appeal and that 80% of appeals against ESA being withdrawn are reinstated. All I can say is I will fight it to the end. Self employed are being discriminated against big time, don’t think any civil servant signed off sick or rehabilitating after an operation have to have an assessment by Atos within 8 weeks. To be perfectly honest your only going to get 15 points or more if you’re a) terminally ill or b) have no arms or legs and cant control your bowels. What think tank thought up the rules and regulations obviously a lot of thought has gone into how to get away without awarding it! I filled in all the forms timeously when in actual fact the questionnaire didn’t need to be in until 27th October which in hindsight I would have been better off as I would have had more time for my arm to improve and the Atos medical would have been much later.

[Zamzara]

Incapacity Benefit: 19 Oct 2009: House of Commons debates (TheyWorkForYou.com)

 

I am grateful for that answer, but my experience from my constituency case load, and the experience of the Inverness citizens advice bureau, is that the new rules for ESA are being used to exclude far greater numbers of people than were excluded from the previous benefit. In one case, a former member of staff at the Department for Work and Pensions was rendered unfit for work and retired on the grounds of ill health thanks to an assessment by an Atos Origin doctor. That same doctor then gave him a nil score for ESA. There is huge inconsistency in the process. Can the Minister assure me that Atos Origin doctors have not been instructed to—

 

Note how Shaw, in response, tediously repeats the lie about ESA 'looking at what you can do not what you can't do', which even if it were true would not be relevant to the question anyway.

Edited November 2, 2009 by Zamzara

[dickster60]

making a appeal does not do anything to get a lying doctor reprimanded,or as he should in my case be sacked,i am gobsmacked at what these so called doctors get up to ,to make out is is you that is a cheat,when it is in fact them.the dwp must know this sort of thing is go on and are turning a blind eye.the dwp say that if we make a misleading statement to obtain benefit we could be prosecuted,does this also apply to doctors who try to stop it by misleading statements and out and out lies.get a copy of your report and you will see what i mean i intend to confront the dwp with cast iron proof of what these cheats are up to it will be interesting to see what there responce is

[MadOnLicorice]

After seeing my consultant again on 26th October after my operation I have been signed unable to work until 18th January 2009 and am now having intensive physiotherapy. I have submitted my medical certificate and now have to go for an interview for Job Seekers Allowance on Friday 20th November because I have appealed and am still claiming ESA. I've also been told by DWP that most ESA cases are turned down after ATOS medicals and in 80% of cases are successful on appeal. Seems to me a tremedous waste of tax payers money. I'd like to know the people involved for giving the contract tp ATOS and what money they are being given from public funds to say we're all fit to work regardless of medical evidence.

[bubbaroo1976]

Hi,

I too am in the same situation. I am waitng to hear from my request to appeal.

This is a link I found to the DWP training guide for the health care professionals who do the medical assessments and it is very good.

www.rightsnet.org.uk/pdfs/ESA_handbook_v1_Final.doc

 

It has helped me a lot to prepare for my appeal. I got a copy of my medical report sent to me and it really is very bad. I was not asked specific questions but they were filled in as completed and it also said I have no problem doing activities that it has been impossible to for months now! I am in severe pain most of the time and when I am not I am off my head on really strong painkillers and this was not taken into account - no mention of the pain I experience anywhere on the report. If they are medical professionals how can this not be malpractice?

[chipsnmayo]

An interesting question came up to day that nobody at the job centre or at the DWP could answer. I cannot apply for JSA as I am not available for work as being long term ill and a GP's note to back that up but have been refused ESA as I got zero points at the medical assessment. It has been referred upwards for a solution. Has anybody any experience of this?

 

 

Hi, I asked this question today of one of my team who works appeals, if your appeal is turned down then JSA have to accept you as fit for work but you have to sign the JSA agreement, if you have problems that mean you cannot do certain types of work then you need to discuss this with your advisor at interview as they will be able to help you with this, there are things in place for people who have illnesses/disabilities. Hope this has answered your question. I know it may not be what you want to hear but at least you can get JSA so your not without any money. I hope that your appeal goes well. Good luck!

[listan]

Hi i suffer from copd depression and hypertension failed my atos medical i scored 12 points i nave my tribural tomorrow wish me luck

[manc girl]

hi everyone, unitedfront i suffer c.o.p.d, i went for medical in nov 2009, im waiting to hear the outcome of that altho i already no what it is, im gonna lose my esa, i scored 6 points im just waiting for the report, the guy i spoke to on the phone about this told me they have a back log coz they have to send the report to someone else for them to look at before they make a final decision, i think this is because atos have messed up sp many times, i still have to send my sick notes in untill i get my report from them, im attending a pathways back to work but its not helpin me at the moment because i can't do anything untill i get the report back. all this is very stressful. anyway good luck united front.

[RaeUK]

Hi listan, hope all goes well for tomorrows Tribunal, good luck! Do let us know how you got on - though it might be good do do so in a new thread! [benefit forum front page, blue button bottom left...]

 

Hi manc girl, they do take their time don't they? Due to mess ups, I had my medical in February last year but didn't get a decision until August - and still wait for a Tribunal date which will be after March 1st...

Best wishes.

 

Rae.

[listan]

Hi have my tribural today at 2.50 have asked for an adjournment as my welfare adviser cant not be there ,they have refused and i am having to take hubby instead dont think i stand any chance without her being there will keep u up to date later

[listan]

Hi Kelcou will do , really fed up with the whole process now

[Out4Revenge]

Any news listan?

[listan]

Hi

i won my appeal they had already decided before i got there to award me the 15 points

[ee-bee]

yeah,great news,well done:D

[manc girl]

well done listan:)

[UnitedFront]

Excellent news!! Congratulations!!!

[RaeUK]

Good!

Rae.

[UnitedFront]

Good news everyone!! My Dad had his appeal two days ago..... and WON!! The tribunal changed all of the scores given to him by the ESA Doctor and ruled that he is entitled to continue receiving ESA!!!!!

 

Thanks to everyone on here for the support and advice, it is much appreciated!!

 

Cheers.

UF

[RaeUK]

That is great news! Well done to you and your Dad

iirc, it was COPD? There seems to be a lot of us with that who are going to Tribunal. Is there any info you can share with us that may help us prepare better? ie medical evidence needed etc...

Very happy - I like to see the good news.

Best wishes.

Rae.

[UnitedFront]

Well in the end my Dad was represented by a man from the CAB. Now normally I'm on the Debt Collection Forum here and I don't particularly like or recomend the CAB. But in this instance they were absoutely fantastic.

 

My father had a letter from his GP stating clearly that he was unable to do even simple tasks owing to the fact he cannot breath!! (one finds it helps to breath regularly )

 

He also had evidence from the specialist at the hospital that he has been seeing stating the same.

 

Combined, these professional opinions appear to have put the almost makebelieve views of the ESA Doctor to shame!!

 

I'm so happy that he's won this appeal; but I still feel adamant that the ESA Doctor should be struck off for falsifying his report. Because in all honesty, much of what he had written was absolute rubbish!!

 

Good luck to everyone fighting this fight!!

And thanks once again for the support.

 

Cheers.

UF