I.B.S and employment support allowance declined, what to do?

[wills123]

Hi all, im a 26 year old male that suffers from iratable bowel syndrome(d), which means i suffer from frequent dirrohea and stomach cramps, i also suffer from anxiety which i am taking propranonol 80mg a day which helps that a little! Ive had the ibs for a few years but it rtecently started getting worse an i lost my job in october 2009 becuase of it. I then started claiming esa, went through the medical proceedings e.t.c. ! They have declined saying i scored 0 points, now im not very good at this sort of thing an have no idea what im supposed to do, i struggle to leave the house a lot of the time an yet im supposed to work? Any ideas would be very much apreciated thank you!

[paulb1310]

First step is to appeal the decision. ESA will remain in payment while the appeal is being decided. If possible get some help and support with the appeal.

[wills123]

thx for the quick response, a few question sthough, how do i appeal?Where would i find help/support for the appeal? thank you

[rebel11]

The Gut Trust

Tel: 0114 272 32 53

Web: www.theguttrust.org

Offers advice, information and support for people with IBS.

 

You need to explain to them it's a chronic condition.

 

Appeal

 

http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/DG_172032

[RaeUK]

When I scored null points after my ATOS medical, my local DWP call centre sent all the paperwork I needed to appeal. If they haven't done that automatically then give them a quick ring tomorrow. There is - I think - a one month time limit to get your letter / form to them.

Good luck.

Rae.

[Lancslad]

I've got IBD (inflammatory bowel disease) and just had the same response as you Wills123, on the paper work you got telling you the responses to your work assesement there is a number for the Community Legal Services Direct (very last paragraph) and I called them today, they were very helpful, they are sending out all the paperwork I need to appeal and giving advice on the appeal, they are calling me again tomorrow to get a indepth view of my situ and see where the DWP/Atos have gone wrong!

[honeybee13]

Hi there Wills123, what a shame for you.

 

Also, make sure they send you a copy of what Atos said about you, with the points they did or didn't give you and what they were for. Mine was very revealing, as others here have found, and you can argue with them using their own system.

 

Come back to us if you need more help.

[wills123]

thank u all for the responses, i am going to ring dwp today an see what happens, i also dont have a copy of the medical that athos did, i will ring them too and request a copy hope thats not too late now , thank you all

[wills123]

ok so rang legal services today they were very helpful and are going to send me some forms to fill out for them and then lodge my appeal for me which is a good start! One quick question how do i request a copy of the medical that i had with athos? Is there a number to phone or do i have to write to them? oops thats two questions

[honeybee13]

Hi Wills. I don't remember exactly who we asked, but from memory it was the office dealing with my claim. Otherwise, you could ask the person who sent the letter about your medical condition and points scored.

[RaeUK]

You should have been sent a report from atos. When you send in your appeal and then go for a tribunal, you will be sent a lot of bumpf from DWP. Amongst that is a much larger report by atos. Worth checking one against the other...

Good luck.

Rae.

[wills123]

Thanks but i didnt get a report from athos after i had the medical , anyone know how to go about requesting one?

[honeybee13]

As I said before, we asked either the DWP office dealing with my appeal, or whoever wrote the letter telling you that you didn't score enough points. Do you have correspondence from them?

 

It's Atos, by the way.

[CAAD]

Ive had IBS for 11 years and its affected every job Ive had,I had to give up my last job as the effects of IBS gave me bad anxiety attacks 2. I hope u win ur appeal and get help. People do not realise how disabilitating it is! When u had ur medical u mite of been having a good day but when the bad days come,god I know what thats like! The medical test is pointless for IBS sufferers!!!

 

Good luck on ur appeal, and keep us informed on the progress!

[wills123]

after an indepth conversation with the legsal advice people, it's reccomended that i attend the appeal hearing in person. Now for me that would be very difficult as its 50 miles away and i havent travelled that far in 4 years due to my problems i struggle to travel 10 miles let alone that far! Whats anyones thoughts on this has anyone succesfully appealed by paper? I'm hoping that they will take into consideration how difficult it would of been for me to attend in person thus making up for not being there.

[honeybee13]

I'm sorry to hear that, wills123. When my husband spoke to the appeal panel on a day my hearing didn't happen [long story], they said it is much better to appear in person if you can, because it means you can answer questions yourself. And the tribunal believe what you say, unlike Atos.

 

I know there aren't many tribunal centres - have they offered you the closest one? I thought I read the other day that there is a maximum distance you can be asked to travel, but I don't remember the distance.

 

So your legal services people can't attend on your behalf? I'm not sure who you mean, but have you spoken to the Welfare Rights guys? I know they've represented people from this forum and done well. Maybe they would go?

 

Please keep us posted and we'll try to come up with ideas for you. I'm sure there's a way round this.

[Fifer52]

Hi

I suffer from Ulcerative Colitis so i know exactly what it is like. A site I found invaluable for claiming and reducing the hassle from DWP is

 

NACC - National Association for Colitis and Crohn's Disease . they even give advise on filling in the fifty odd pagesof the claim form

 

hope this helps. sorry it wasn't soone - just found this forum!