Esa!!

[Lancslad]

I have recived today a form informing me that I am no longer entitled to ESA because I didn't score 15 points, I didn't score one! even on the areas I should of got points! even though I made it clear of my medical situation, I took medical evidance in the from of lettters from my two consultants outlining my current condition and medical history,

 

Basically I had a Major operation in november on my digestive/bowel system (the second one in 12 months) I have just finished reciveing treatment on my wounds and have been told by both my Consultant and GP that Its going to take time to heal as its my core muscles that have been cut and beacuse I need to retrain my bowels. I also have crohn's disease which doesn't help.

 

Whats best to do next? I have requested a GL24 to appeal, and apparently have to write to get my Atos medical report. I have a meeting booked in January to see my JC adviser is there anythings that he could do?

[RaeUK]

All you need do is fill in the form saying you wish to appeal, together with your reasons and send it back. They will look at the decision again. If they don't reverse it you can fill in the forms for a tribunal. Tribunal service witll send you a form to return and you will automatically receive all the DWP paperwork including their copy of your medical which is more detailed than the one ATOS would have sent you.

Go through it carefully.

Arrange to see a Welfare Rights worker to assist you and go to the tribunal with you.

This is a very long process. You will need to continue supplying sick notes throughout.

Think I covered most of it.

Best wishes.

Rae.

[Simon7685]

I found out from Erika, on here that you do not need to wait for the GL24. You can just write a letter to them advising you want to appeal and giving your reasons. It might get things moving a little quicker for you thst way, rather than waiting a week for them to send the GL24.

 

Hope that helps:)

[RaeUK]

Good idea Simon.

Mine happened slightly differently as I was on the phone to the DWP. I'd spoken to the same person quite a bit. During the conversation it transpired I had failed to have the decision changed and it was the person I was talking to who recommended I appeal and what I should do before I'd had anything in writing!

Rae.

[paulb1310]

The important thing is to appeal. ESA should stay in payment until the appeal is decided provided you continue to submit sick notes. Some people fail to score any points but can still qualify under the "exceptional circumstances" which seems to be ignored sometimes.

[nowayjose]

Hi Lancslad, sorry to put a dampner on things but my OH has Crohns and has also had a major op, removing a 1/3 of his intestines and he was also struck off from his ESA last year, he appealed and lost. Unfortunately he hasnt received a penny in benefits since. Its about time this chronic lifelong illness is recognised by ATOS doctors.....

[Lancslad]

Sorry to hear that Nowayjose! i usually can control my disease, but my op involved two and a half foot of colon removed and just had a tempory colostomy reversed and currently trying to get my system back up and running (which my consultant says it takes upto 12 months, but im being optimist at 6 months)

 

I've had a really prouctive day! I've called community legal advice, they are helping me! the very nice lady as sent out the appeal form and gone through the Atos score marks and highlighted that with my current symptoms and situation I should of scored well over 15 points not Zero!!!

If my Appeal is upheld and has goes go to tribunal, they will pay for detailed medical reports and documents from my two consultants and GP, compile a case, but they will be unable to repesent me at the tribunal as they are telephone based, but they were very helpful.

 

I've been to the JC today to see my adviser and he admitted the Atos System is naff!

 

I also spoke to both consutants secretarys one consultant secretary thanked me for fore-warning of any appeal and one is getting my consultant to prepare and send me a letter to send with my appeal!

 

I'm going to contact the National Association for Colitis and Crohn's Disease to ask for their advise and guidance.

 

 

Is it worth complaining about Atos and the way the have not show my illness in a true light! saying that nothings wrong with me when i've absolutely got a cronic illness?? (im awaiting on the detailed Atos Report!)

Edited February 18, 2010 by Lancslad
spelling and grammar

[nowayjose]

Lancslad Im really glad to hear you're getting all this help.... wishing you well with your appeal, subbing your thread with interest...... best of luck... bit too late for my OH though:cry: