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

[chipsnmayo]

Fantastic news, really pleased for you. I hope this inspires others to keep fighting

[ErikaPNP]

Wonderful news!

 

Everyone take note: Appeals do work!

[Uncertain]

 

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

 

From my own experiences and what I read, I feel that your Dad and others in a similar position should make formal complaints about the ESA doctor.

 

A doctor has a clear legal duty to act in the best interest of the patient and, does their oath not say, "first do no harm".

 

I really wonder how, in some cases at least, they are acting within their professional and legal duties?

 

My case was similar although I was "lucky" enough to get the decision overturned without having to go to a formal appeal.

 

The ATOS doctor I saw was a retired consultant in a totally different field to my problem. A little research on Google showed that he was at least 72. He was reasonably polite but made it clear he was just filling in a computer based form so spent 90% of the time staring at a screen. He did not have a patient before me but kept me waiting about 40 mins for no obvious reason. As I was early this took it to almost an hour.

 

Despite only having seen me only once and not having access to my medical records he took a totally different view to my GP, Specialist and the Consultant Occupational Health Physician my employers had sent me to three times.

 

I had taken letters from my specialist and OH with me. He showed little interest in them and rather grudgingly had them photocopied when I declined to leave the originals.

 

I used the same letters for my appeal where they were considered sufficiently compelling to move me from failing to the support group without having to go to a formal hearing.

 

Looking back on it I feel I should have complained to the GMC. Has anybody done this and what response did you get.

 

I will shortly have to go through this process again. This time I will gather careful evidence in case of (i.e. when there are) problems.

[UnitedFront]

I absolutely agree and we shall indeed be making a formal complaint to the General Medical Council. Not that I expect it will be of any use, I suppose as always if enough people complain, something may eventually be done.

 

Cheers.

UF

[wheresmyhairgone]

This is going to sound really stupid but i,m going to ask anyway.

 

How is the ATOS/ETA doctor paid, is there some sort of incentive for them to save the DWP money?

 

Sorry i just wondered why they were so eager to score people 0

[Like-Im-Being-Ripped-Off]

From my own experiences and what I read, I feel that your Dad and others in a similar position should make formal complaints about the ESA doctor.

 

A doctor has a clear legal duty to act in the best interest of the patient and, does their oath not say, "first do no harm".

 

I really wonder how, in some cases at least, they are acting within their professional and legal duties?

 

My case was similar although I was "lucky" enough to get the decision overturned without having to go to a formal appeal.

 

The ATOS doctor I saw was a retired consultant in a totally different field to my problem. A little research on Google showed that he was at least 72. He was reasonably polite but made it clear he was just filling in a computer based form so spent 90% of the time staring at a screen. He did not have a patient before me but kept me waiting about 40 mins for no obvious reason. As I was early this took it to almost an hour.

 

Despite only having seen me only once and not having access to my medical records he took a totally different view to my GP, Specialist and the Consultant Occupational Health Physician my employers had sent me to three times.

 

I had taken letters from my specialist and OH with me. He showed little interest in them and rather grudgingly had them photocopied when I declined to leave the originals.

 

I used the same letters for my appeal where they were considered sufficiently compelling to move me from failing to the support group without having to go to a formal hearing.

 

Looking back on it I feel I should have complained to the GMC. Has anybody done this and what response did you get.

 

I will shortly have to go through this process again. This time I will gather careful evidence in case of (i.e. when there are) problems.

 

Uncertain

 

May i ask your condition mine is physical, sorry if i sound rude.

When my medical comes im gonna get all my medical records from the NHS. i have spoke them and for a small fee i can obtain them.

[Uncertain]

Uncertain

 

May i ask your condition mine is physical, sorry if i sound rude.

When my medical comes im gonna get all my medical records from the NHS. i have spoke them and for a small fee i can obtain them.

 

I would prefer not to discuss my medical problems on a public forum.

 

What I would suggest, from my own experience and others I've read, is that you may be best to just assume you will fail the ATOS "medical". I would just go through the motions (don't give them the chance to say you did not co-operate) but keep your powder dry. If you give all your info to the ATOS doctor (if indeed they even honour you with a proper doctor) they can argue they took this into account. Instead use this to back up your appeal. In my case this was enough to get the decision reversed without needing a formal appeal. You will need credible evidence to show that the ATOS "professional" was wrong.

 

The system stinks frankly!

[Uncertain]

This is going to sound really stupid but i,m going to ask anyway.

 

How is the ATOS/ETA doctor paid, is there some sort of incentive for them to save the DWP money?

 

Sorry i just wondered why they were so eager to score people 0

 

I suspect most are just hired on a part time casual basis.

 

Mine was way past retirement age so no doubt doing it for pin money. This would mean he has few employment rights so may not get any more work if he passes too many people!

 

Also, I suspect, this this stage he would not be too bothered about the possibility of complaints to the GMC. After all he is only going to lose some retirement pin money not his whole career.

 

And these **** are supposed to be professionals!

[robee]

I was made redundant in march 2009 because i told my employers i needed a hernia op i am also diabetic type 2 on a new drug (byetta) which i have to inject twice a day. I signed on esa in march 2009 because my op was at the end of that month and it will take three months to fully heal so i wouldn't be available for work .When i was admitted they found my blood pressure was dangerously high and i could die on the operating table or i could have a stroke afterwards. So i was sent back to my doc who sent me to a specialist also my diabetes started to go worse at this stage so i was sent to see a diabetes specialist as well. I am blind in my left eye and have proven industrial deafness in my right ear at 11% i also have plantar fasccitis in my left foot so i continued to claim esa till these probs are sorted. In may 2009 i was invited to attend a ATOS medical were i told the (doctor?) my medical problems the medical lasted 15 minutes he asked what i watch on tv did i text on a mobile phone and how i arrived there that day. looked at my hernia asked me to touch my toes which i couldn't because of the hernia in my stomach and that was it he did not listen to anything i had told him. Needless to say i scored a big fat (0) i appealed and had the tribunal hearing in jan this year my welfare rep didn't get my medical records there for the hearing which i didn't know at the time and the tribunal panel didn't tell me this. They told me they were impartial and nothing to do with the DWP (and i am father christmas).anyway i failed and my money was stopped without informing me that this was to happen i have now been without money for five weeks i have appealed again but this is all designed to grind people down and make your medical complaints worse as it has in my case. I have also sent emails to my local mp and spoken to the editor of the local paper.I would advise everyone to do the same. This government is only interested in numbers it gets off the sick regardless that innocent people with genuine medical conditions are getting caught up in this.

[loulouuk2]

I am currently claiming ESA, will be attending a tribunal hearing ob 16/03/10. Interestingly I am a civil servant working for the Jobcentre and having the less than pleasant experience of having to claim ESA due to long term ill health. I am having to attend a tribunal through no fault of my own, having had numerous errors made on my claim prior to being booked in for the WCA. In answer to a previous post, it is possible to reclaim ESA even after a dismissal if the claimant can provide sufficient evidence to show that the medical conditions have either worsened or altered. In my case I was hospitalised as a result of the problems caused by having to constantly berate and chase up my BDC on an almost daily basis. This proved sufficient for a new claim to ESA as I was clearly unfit for work. Since that time not only was my medical successful, but I have been awarded Higher rate DLA.

 

In my tribunal I intend to show how much damage has been caused to my health because of the lack of training and knowledge within my local office. What I did learn from welfare rights advisers is that completing the claim honestly (i.e. telling the assessors how you feel on a good day, is why many people find themselves being found fit for work. I included as much information as possible, detailing how my condition affected me both physically and mentally, and as a result my assessment was straightforward. Now I have the joys of the WFIs with advisers who I used to work with......

[RaeUK]

Hi loulouuk2 and welcome.

I liked your post and think that, perhaps, it would be deserving a thread of its own. That way more people will read it.

If you click the link, scroll down, New Thread button to the left.

Best wishes

Rae.

[robee]

Update on my esa claim i have now reclaimed [ diabetes causing me problems] probably the stress of all that has gone on. When you fail the tribunal your rent and council tax for the time you were waiting for the appeal in my case 8 months becomes a debt to you unless you can prove you were receiving a benefit for that period because the local council are informed by the esa that you were not entitled to benefit for that period because you lost your appeal. You then have 2 options all your bank statements with the payments from esa on them for the period in question .then you should phone your BDC office and ask them for a letter stating what benefit you were getting take these to your local council to show them you were in receipt of a benefit.I would also advise using your local jobcentre plus phone to call them which is free. I would also request this info from them in writing and always ask the person you are calling their name and make a note of it. This system is designed to wear people down and as in my case make their conditions worse.I am now awaiting my next medical.

[doktorjohn]

So glad I found this website. My son has just scored 0 on his ESA "medical" and I have got one next week.

 

I felt almost suicidal this morning after hypertension all night and I can only imagine how many people are suffering worse symptoms than they already had because of this benefits system.

 

It is of some comfort to share the distress caused.

 

It seems that they (the DWP) have taken the power of our GPs away and handed it to people who can mess our lives up with a few strokes of a pen.

[Like-Im-Being-Ripped-Off]

So glad I found this website. My son has just scored 0 on his ESA "medical" and I have got one next week.

 

I felt almost suicidal this morning after hypertension all night and I can only imagine how many people are suffering worse symptoms than they already had because of this benefits system.

 

It is of some comfort to share the distress caused.

 

It seems that they (the DWP) have taken the power of our GPs away and handed it to people who can mess our lives up with a few strokes of a pen.

 

Dok J

 

Take a look.

 

http://www.consumeractiongroup.co.uk/forum/campaign/251610-calling-all-disabled-people.html

[crabbie burns]

i have been mucked about by these people ever since i have been too ill to work. i had 3 heart attacks last week, and the stress from these idiots is unbelievable. now i make sure i get my doctor to write a whole list of my health problems on each medical line i put in. i also will be taking someone from cab to speak for me so i don't get ill through arguing with someone who isnt listening to me and could terminate the appeal if i swear at them.i am questioning the ethics of doctors being paid almost 200 quid a patient, when they do not know my background, and are told they must ensure a certain fail rate. the last medical assessor isaw, came in late, smelled of drink, and told me i may have ankylosing spondulitis, making me panic about that for weeks. when i got an appointment with my own doctor, he took a look at my back (10 seconds) and told me i was ok! why could the assessor not do that? was it because he hadnt worked for years? anyway, enough is enough. i cannot act like i have respect for these unprofessionals anymore.

i have a wee idea. if you have to undergo an assessment or appeal, get a tee-shirt and write this slogan on the front. hell, write it on any correspondence, flypost the medical authorities and just ask them outright:

HOW MUCH

ARE THEY PAYING YOU

TO KILL ME

"DOCTOR?"

[RaeUK]

I quite like that...

Best wishes

Rae

[loan_ranger]

I enjoyed your post, good of you to drop in. I'm not defending those medical mercenaries "the 'A'TOSsers" but here's what they actually got in December 2010. How much the tax-payer is being charged for the services on Dr. Mengele's cohorts is another matter though.

 

MEDICAL TYPE AT CENTRE / HOME

 

DLA/AA £51.37 £77.33

DLA Fast track £51.37 £89.69

Incapacity benefit £35.16 £60.63

ESA (LCWRA/LCW) £40.31 £65.77

ESA (WFHRA) £26.37 £26.37

Industrial injuries £30.36 £55.82

[ThePonderer]

C_B Like that, got to try and make one of them! ;-)

 

L_R those are interesting figures, I wonder, new thread and find some folks who are good with percentages? Might reveal some slew which explains certain outcomes!

 

The fast track DLA looks like it's more money as they'd absolutely have to get a real doctor on the case by way of a damage limitaiton exercise as much as anything.