ESA medical failed! HELP!

[adamrao]

Just to add bruce.

 

You can find doctor's name in your appeal documents, it's on the first page of your LCWA (medical) report where all the descreptors are mentioned with the detailed answers. It won't you about the qualification of the person person apart from what their title is (Dr. Mr. Mrs. Ms etc) and their designation/post.

[bruce2010]

Hi and thanks, yep my doc is a medical doc and not a psyc doc:rolleyes:.

 

I maybe getting ahead of myself, but i'm getting my appeal ready and have thought about whether they had all my medical reports, from my GP, Counsellor, or any hospitals i've been admitted to, and if they use them in the assesment and from reading on here it seems that they never do. Anyway I got to thinking that maybe theres something we can do to make sure that they do get and use ALL info relevent to your claim, I remembered reading something that might be helpful on the back of a sick note once (insomnia, i'll read anything, lol).

this is a direct quote,,

 

“I agree that the department for works and pensions or a doctor acting on their behalf may get in touch with my doctor so that they may give the department for works and pensions any information which is needed to deal with this claim and any request to look at the claim again”.

This is where I may be getting it wrong but that looks like a contract, now I read the last bit as saying that I have the right to make them get and use all the info a GP, Counsellor or hospital has on me.

OK, am I seeing this wrong, I don't sleep much so it takes me days to assimilate info so your opinions are more than welcome;)

[ErikaPNP]

Hi Bruce. The bit in red just means that you agree to them obtaining this information if they choose to do so. It doesn't mean they are obliged to; the NHS doesn't have provisions within their funding for the same types of assessments as ATOS performs so any assessment report a claimant's own practicioner was to compose in relation to benefit can be charged to the patient as this falls within the provision of private practice.

 

However you may be very interested to know that a tribunal chair does often frown upon cases where the claimant has provided reports or letters of support from their own medical professionals and they haven't been weighed up against the information from ATOS. So if you are able to get letters of support from your healthcare professionals which back up your case, this will be taken into account in any tribunal proceedings.

[RaeUK]

...However you may be very interested to know that a tribunal chair does often frown upon cases where the claimant has provided reports or letters of support from their own medical professionals and they haven't been weighed up against the information from ATOS. So if you are able to get letters of support from your healthcare professionals which back up your case, this will be taken into account in any tribunal proceedings.

 

Thanks Erika, that's of interest to me too!

Rae.

[Jadefalcon]

I wouldn't put too much hope in ATOS or the DWP. Both my cardiologist and my GP were at no time at all contacted by either organisation and my appeal failed despite supporting letters from both.

 

I have been told I can only appeal further if my condition worsens!!!! Basically I would say there are either a lot of incompetents making the decisions or in some cases they have made up their mind before they even talk to you.

[Like-Im-Being-Ripped-Off]

Jadefalcon

Is your condition mental or physical as for mental they seem to not take any notice.

 

EricaPNP

 

At the moment i get £91.80 a week if on appeal what will it go down to thanks.

[ErikaPNP]

ESA is paid at the assessment rate whilst awaiting a final determination on appeal.

[Like-Im-Being-Ripped-Off]

ESA is paid at the assessment rate whilst awaiting a final determination on appeal.

 

Hi Erika.

Even if you are on IS £91.80 then move over to ESA what is the rate for this please.

[Jadefalcon]

The assessment rate I got was a shave over £128 per fortnight.

 

My condition is physical, heart related BTW, and I know mental seems to get even shorter shrift than a lot of physical cases.

[RaeUK]

Out of interest, Jadefalcon, did you attend your Tribunal?

Rae.

[Jadefalcon]

Out of interest, Jadefalcon, did you attend your Tribunal?

Rae.

 

Aye I did, obviously I was wanting an end to the limbo I was in with the provisional rate of ESA and hoping to get onto one of the conventional rates. The thing was a farce, I took along supporting material from the specialist and GP. This was all really to do with heart problems, but the tribunal panel dwelled more on my epilepsy that I have had since the age of 11 than the heart issues which are still current. I had some questions, and wasn't even 2 minutes in the waiting room before it was decided. I wasn't taken back to the tribunal to hear their decision it was relayed through a clerk who told my welfare rights officer, so they didn't even have the guts to look me in the face.

 

I've sent an email to my local MP.

[ErikaPNP]

Hi Erika.

Even if you are on IS £91.80 then move over to ESA what is the rate for this please.

 

I'm sorry it's not clear what you are asking - I'm not sure if you mean in reference to the previous question or if this is entirely seperate - sorry. I'll answer as best I can though - I have a telekit in a moment so might not get back on till tomorrow, depends how long it lasts.

 

Right. Are you appealing IS on the grounds of incapacity? If so, you would be paid IS at the reduced rate which is paid at 20% less than what you currently receive.

 

If you mean you are moving right over to ESA, I'm not entirely sure how this will work yet. Whether you will go onto the assessment rate or whether you would go straight onto the rate that meets your last known circumstances, this is something I haven't yet looked into. There are ESA bods on the forum who might be able to answer that.

[Like-Im-Being-Ripped-Off]

Sorry For The Confusion ERICA

 

I'm sorry it's not clear what you are asking - I'm not sure if you mean in reference to the previous question or if this is entirely seperate - sorry. I'll answer as best I can though - I have a telekit in a moment so might not get back on till tomorrow, depends how long it lasts.

 

Right. Are you appealing IS on the grounds of incapacity? YES I MIGHT WELL BE NEXT AFTER MY REVIEW IN MARCH 2011, AFTER THE ATOS MEDICAL If so, you would be paid IS at the reduced rate which is paid at 20% less than what you currently receive. THANKS ERICA THIS IS WHAT I NEEDED TO KNOW

If you mean you are moving right over to ESA, I THINK AT MY NEXT MEDICAL THEY WILL SEND ESA50 FORM NOT IB50.I'm not entirely sure how this will work yet. PLEASE LET ME KNOW WHEN YOU FIND OUT. Whether you will go onto the assessment rate or whether you would go straight onto the rate that meets your last known circumstances, this is something I haven't yet looked into. There are ESA bods on the forum who might be able to answer that.

 

You Da BOSS! ERIKA

Edited February 10, 2010 by Like-Im-Being-Ripped-Off

[jacbrass]

OMG 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 i have been on esa since end dec and have to go for the medical on the 13th march and after reading your forum i am really worried what happens if i get turned down 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 would be greatly appreciated

thanks

jacquie

Edited March 2, 2010 by jacbrass
spelling

[RaeUK]

Hi jacbrass and welcome.

You'd be better off starting your own thread tbh. Click the link below. In the meantime, should you not pass your medical, than appeal straight away as the lower rate ESA continues right up until tribunal...

Best wishes

Rae.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=160

[jacbrass]

thanks Kelcou have done

[Timo147]

Hi I have the same problem. I suffer from C.O.P.D (EMPHASYMA) I have a recuring inguinal HERNIA , I have damaged muscell and a chipped bone in my shoulder joint and i am on SERTRALINE for long term depression. I have worked all my life untill 2009 when i was diagnosed but Istill FAILED THE esa MEDICAL how does that work? i have put a gl24 appeal and a new 3 month medical cert from my doctor but as yet still not had any re-instated payments. any advice? please

[antone]

Hi I have the same problem. I suffer from C.O.P.D (EMPHASYMA) I have a recuring inguinal HERNIA , I have damaged muscell and a chipped bone in my shoulder joint and i am on SERTRALINE for long term depression. I have worked all my life untill 2009 when i was diagnosed but Istill FAILED THE esa MEDICAL how does that work? i have put a gl24 appeal and a new 3 month medical cert from my doctor but as yet still not had any re-instated payments. any advice? please

 

How long is it since you sent your appeal?

[jacbrass]

Hi Timo,

It is a complete Joke. Phone up the ESA people and see why they have;nt started your payments. I had my second medical in August last year and have a date for my tribunal next thursday Joke !!!! I had 12 points in first medical amended to 18 on appeal, bearing in mind there is no improvement and as a matter of fact my pain medication has been increased unbelievably this time i recieved 0 points so will have to wait and see what happens with the tribunal this time. Sorry i have no good news but it is purely up to the powers that be but they should be paying you a lower amount while your appeal is waiting to be heard. good luck x

[Timo147]

How long is it since you sent your appeal?

 

i put my appeal form and med cert into jobcentre they said it would be sent by courrier yesterday (friday) they sent my medical report and nothing relavent to my conditions were asked or reported they sent me a letter saying they recognise i have a disability or health condition but its only worth 9 points and i need 15 points