ESA medical failed! HELP!

[roxi2010]

Hi, I'm new to the site so please bear with me. My ex-partner has been suffering with insomina, depression, anxiety, anger manangement problems and social phobia, he is unable to concentrate on simple day to day things nevermind look for and learn a new job!

His doctor and counseller both agree that he is definately unfit to work not to mention the five times we have been to A&E due to these problems. He has been for the "medical" and he scored a big fat 0. It seems to us that this so called medical examiner did not listen to a single word from his patient. And has made his judgement based on phyiscal ability. He has been back to his doctor who has said he is still not fit for work however he has had to sign him off with his hands instead of his depression as he will not qualify for ESA otherwise. (his hands are injured due to self harming, i.e; punching walls).

Due to this decision he has obviously gone worse and I am terrified he is going to do something to harm himself, i know mental illness does not have physical symtoms that can be seen but surely his GP's and counseller's opinion is proof enough!?

Please can someone offer me some advice??

[postggj]

please dont tell me atos again

[ErikaPNP]

Has his ESA been stopped entirely, or has he been placed in the "work" group? How long since the decision?

[roxi2010]

I think so, will have to check for sure.

[ErikaPNP]

Does he have a copy of the medical report?

[roxi2010]

He must have as he read out all the questions and the points he didn't get for each one. I can't ask him tonight.

[ErikaPNP]

Right. It sounds to me from what you have written that he has had the LCW assessment. If this is the case, having scored 0 points, he will no longer be entitled to ESA. All is not lost though because there is the option of appealing.

 

He needs to complete this form to appeal the decision, stating why he thinks the decision is wrong. What he should do is point out all the inconsistencies in the medical report, stating what he feels the answers should have been in relation to the questions asked. It would also help his appeal greatly if he has a letter of support from his GP and cousellor. Once the appeal is submitted, he can start to get payment of ESA again at the assessment rate. This will continue until his appeal is heard, so long as he continues to send in his sick certificates from the GP.

 

He will really benefit from some support with this. There are people who are known as Welfare Rights officers. He can find one through his local council. They are free of charge, specialised in benefits and can represent him and assist him in his appeal. They may be able (most can) to accompany him to the appeal hearing - he will be offered a paper appeal or an oral appeal. Oral appeals in general have a higher success rate.

 

In ESA/IB/DLA appeals, almost half are overturned in the claimants favour at appeal stage.

[adamrao]

Brilliant advice Erika.

 

Send the appeal and get ESA reinstated (assessment rate).

[Nick]

As stated in another thread you do not have to submit an appeal to get ESA re-instated - You should contact your Benefit delivery Centre by phone who will re-instate. You then have 14 days to get your appeal submitted and keep providing medical evidence

[roxi2010]

ok will do, thanks very much. I'll keep you posted.

[ErikaPNP]

As stated in another thread you do not have to submit an appeal to get ESA re-instated - You should contact your Benefit delivery Centre by phone who will re-instate. You then have 14 days to get your appeal submitted and keep providing medical evidence

 

Can you provide a link to support this? I've had a look but can't find any official confirmation on this.

 

The reason I ask is that people tend to have nothing but trouble with ESA appeals. Comes with the territory of a relatively new benefit. One of the worst was last year when some offices were not automatically applying reg 6 following an appeal submission, stating that a claimant had to request reg 6 be applied in writing before reinstating payments. Now that has stopped thankfully.

 

It would make a huge difference to people who are having difficulty getting a reinstatement to have something official to actually quote when phoning to request a reinstatement pending the submission of an appeal.

 

Thanks in advance.

[bruce2010]

Hi all, I'm roxi's ex (lovely girl) and she pointed me to this threads.

Ok this is where I'm at, I received a letter yesterday saying I scored 0, with it was the score sheet, you know the one, I rang the ESA and told them that i will be appealing, I asked for the FULL medical report, told them that I found it odd that I was sent to see a medical doctor when I have mental health issues. I'm going to see welfare rights tomorrow, my councellor is doing a letter for me and so is my doctor. I intend to make an issue of the so called assesment, he didn't ask me any questions about my state of mind apart from when I first went in and he most certainly didn't make any notes, he gave me a full medical exam though, he was more bothered to see if I could touch my toes or hold my arms out straight, I do have very slight asthima and he checked out my lungs, I showed him my discharge papers from december when I was admitted for self harming (punching walls), and they also stated that I have anger management problems, I told him that I have no memory of self harming I just lose control and when I gain control the damage is done.

My doctor has signed me of for, stress, depression, anxiety, and insomnia, I also told him how bad the insomnia is, my record is ten nights straight without any sleep, I get an average of 5 to 10 hours sleep per week, I'm prescribed antidepersants which have a side effect of making me sleepy, thats why the doctor gives them to me, to help me sleep. I also get a very limited amount of sleeping tablets, their limited so I don't get addicted to them. I told him that I hadn't sleeped for the preceeding 4 nights at the time of the medical, I told him I couldn't handle meeting new people and I have panick attacks quite often, I allways feel as if the whole world is about to come down on my head. I was hit by a car at some traffick lights several months ago because I was half asleep at the time, no real damage to me or the car, All the time I was telling him this he didn't take a single note! He took a very quick look at my hands which were badly bruised and swollen, I told him that they'd been x-rayed 5 time in the preceeding 5 weeks, he spent more time checking my asthima out than he did my hands even though I told him that it only bothers me maybe 3 or 4 times a years.

Sorry probably to much info, I'll update when I here more and I'll be having a good read of the forums so I'll not be asking to many dumb question that have been answered else where. thanks:)

[bruce2010]

just a quick update, been to see welfare rights, I just said atos to him and he gave me everything I need, very helpful. He told me that appeals are taking 8 months at the moment but mine is more likely to be 12 months because of the number of peopkle having to appeal! Shocking.

thanks Jimi

Edited January 29, 2010 by bruce2010

[postggj]

the amount of people appealing

 

does that not say some thing

 

wake up dwp and do the job properly and dump this atos

[bruce2010]

here here!!!

[Nick]

the amount of people appealing

 

does that not say some thing

 

wake up dwp and do the job properly and dump this atos

 

Maybe it says that there are too many people making fake claims because they can't be bothered to get off their arses and look for work. Unfortuanately genuine claimants are being tarred with the same brush. It's amazing how suddenly people develop depression and/or back pain when they are suddenly being asked to go on to JSA instead of IS because of lone parent obligations or because they have been asked to attend a new deal course. If you want to point blame society is far more at fault

[RaeUK]

Bit of a sweeping statement there Nick! From what I can gather, the vast majority of the ill, the walking wounded and the dead [more than likely!] fail the ATOS assessment. This is due - in my view - with how it is designed, thereby forcing many many thousands of appeals.

Best wishes bruce2010.

Rae.

[adamrao]

Rae I agree with you but what Nick is saying also has a valid point. There are many out there who would never like to work and this affects those who have genuine problems.

Edited January 28, 2010 by adamrao

[ErikaPNP]

Nick does carry a very valid point. One of the foundations of ESA was to weed out the "Won't work" from the "can't work", with more rigourous regulations and assessments. It is sadly very unfortunate that caught up in the crossfire are genuine claimants with genuine illnesses. I've seen some desperately heartwrenching cases and supported in appeal but I have also seen some obvious [problematic] (some don't even try to hide the fact that they are trying it on, and are immensely proud of themselves) and needless to say, they are shown the door. I won't help [problem] artists as they are the reason genuine people have to endure the procedures, and are the reason that genuinely ill people are labelled in society.

[postggj]

I Know Ill Get My Wrist Slapped But This Should Be Done Via A Proper Medical Report From A Doctor Gp

Not The Macdonalds Of The Health Care Profession

 

At Least You Respect A Doctors Decision

[RaeUK]

Adam and Erika, as ever, you bring sound reason to the boards! I do agree with the points you make and apols to Nick if I allowed my personal prejudice to misinterpret what he was getting at.

Nobody likes people trying it on. I just get so frustrated that a system meant to help does nothing but hinder.

Now, when I rule the world...

Rae.

[bruce2010]

Good points made by all, so to clear my name . My doctor was trying to sign me off since may but I wouldn't let him, so I continued with JSA and was actively seeking work, I was going to college to better my self, I felt that it would help me if I faced up to my problems and not let them drag me down, and I thought I was winning until something very very nasty happened last october, so I did let my doctor sign me off in the hope I wouldn't be on the sick for long, but things like this just make everything get worse, I do have self image problems along with other issues, but whats happeneing to hundreds of people out there getting 0 points just make it all the more likely people like me will get worse as a direct result of these so called medical, if I'd got say 10 or 14 points it might not have hit me so hard, but to score 0 just made me wonder if I was just giving in to easily.

Thanks God for this site (and others) without it I would have just gone onto JSA, though god knows how I'd have coped on that.

Nick I do know that your comment wasn't aimed at me:) and is making a very valid point

[ibis]

HI was just wondering if you could claim some DLA? and have you been on incapacity benefit in the past because i think that you can reclaim it if you were recieving it before a certain cut off point (before ESA was introduced) Unfortunately people suffering with mental health issues often get a rough deal, and all i can say is keep fighting hun.

wish you luck

xxx

[bruce2010]

Hi ibis, I'm applying for DLA just got the forms. thanks anyway:)

Just wondering, does anyone know how to find out what qualification the "doctor" has who carried out the "medical"?

[ErikaPNP]

A person performing a medical for DWP benefit purposes will be a doctor, nurse or midwife, and registered with the GMC or NMC and approved.

 

For occupational health purposes, not involving assessment for DWP benefits they must be a Healthcare Professional such as an Occupational Therapist but need not be registered.