appealing against ESA medical report..

[jackieandwayne]

BettieBoo, please don't let this stress you out. I managed to fail mine two weeks ago, and I am apparently suffering from PTSD, and I'm waiting for a psychiatric assessment - still not good enough. I scored a big fat zero, and I genuinely could not answer a couple of those silly questions. She asked me to remember three words, and half hour later I had genuinely forgotten them, and then to count backwards from 100 in 7's = well I got to 93 but that's because I've always been mathematically thick.

 

I wrote straight away, following advice on here, enclosed a copy of a medical report. They have reinstated my basic money and are looking to see if they can overturn the decision. I don';t expect they will, it'll probably have to go to tribunal. But you will get your usual money whilst this is going on.

 

I know its hard but try and harness some of that anxiety into bloody mindedness, and then direct it at the DWP! Success will be better for you than any medication. Keep your chin up.

[Guest]

good luck Bettie, i am old hand at the lovely NOT treatment of atos hehe, i have moaned n groaned in many posts on this site, still waiting for my tribunal hearing, in my 10th month now but not giving up, so please dont you give up either, i was on incapacity benefit so have no knowledge of the ESA fiasco.

[BettieBoo]

I'm not going to get too stressed about the situation so far really as all I can do is my best!

Just rang citizens advice, and what a waste of time that was..the lady knew absolutely nothing and couldn't even give me a single piece of advice! I'm going to try the welfare rights line later on too and see if they can offer a little help as to writing my appeal letter and then I'll get the ball rolling.

I'll try give my GP a ring later too to see if she can provide me with a medical letter to help my case, if anyone else has done this what did you actually ask them to write and did they offer to do so? just worried she might say no as I've not been seeing her too long.

 

Thanks

[rightsforme]

Hi guys,

I had been on ESA for the last 3 months due to having anxiety and depression. I recently attended a medical examination and can I say what a horrible experience that was, I was asked some absolutely ridiculous and irrelevant questions and felt as if they doctor didn't care at all about my condition. Just seemed as if they were trying to prove me wrong.

I just got a letter today saying I'm not entitled to ESA anymore as I was only awarded 12 out of the 15 points needed to qualify.

I was wondering what I should do to go from here.....

I feel so upset and stressed about the whole situation and it certainly doesn't help my depression and anxiety. I find it so insulting that someone else can judge you on whether you are ill or not. Anyone else that suffers from the same problems as me will know how incredibly difficult it is to cope with and how it affects your life on a daily basis.

The whole medical interview was a total joke, I was just asked silly things that in no means related to my illness and didn't get a chance to speak really, the doctor just typed all my answers into a computer. I felt as if it was more of a police interrogation!

 

Anyway I was just wondering, and hoping that someone could give me a little advice on where to go from here, as I know I'm not the only one that's had this problem!

Thanks

Hi BettieBoo

I really feel for you same happened to me and I also scored 12points. ATOS do not care at all about illness, it is not a medical. Welfare rights helped me and won my appeal and also got me DLA. You need to gather all the supporting evidence you have and appeal which will take about 9 months as so many are being failed that the appeals service is inundated. Good luck with the appeal and keep posting on here for the support it is a very long haul, and one which is actually making our illness worse which actually makes our recovery to be able to get back to work longer because we are being denied the help and support we need.

[tigertim123]

I found this forum today and want to give support to anyone who has been shafted by ATOS.

 

I suffer from systemic heart disease and a few other complications.

 

I am 63 and have had this condition for about 7 years.

 

I have led a more than active life (military and ex-pat) and have now paid the consequencies for it ( Nervous breakdown and heart attack).

 

I went onto incapacity benefits and for the first six years all went OK.

 

Last year, I was told that after my ATOS medical (15 minutes of stupid questions) I was considered fit for work.

 

All benefits were immediately stopped and I had to rely on my daughter for support.

 

As I have trouble even walking more than 20 minutes without a break and many other complications, I found this strange.

 

I saw my GP who put me in touch with the following site.

 

**edited**

 

He also wrote to the DWP on my behalf.

 

I followed the guide (money well spent) and promtly appealed complete with my reasons and a point by point response to the ATOS check sheet that you are given. I also demanded copies of all of my previous ATOS medicals and demanded a verbal appeal rather than a written one.

 

Some weeks later my copies were delivered (minus last years which they had lost). I was shocked to find out that in prvious years I had scored between 21 and 25 points, yet at my latest ATOS medical I was awarded ZERO points.

 

I then followed the advice in the book downloaded and forwarded this together with copies of my previous medicals.

 

Within 2 weeks, I was told that my case had been reviewed and that they had made a mistake.

 

4 weeks later, my benefits were back dated without any apology.

 

Do not give up. Bombard the DWP with letters and your version of how the medical should have gone. The benefits and works guide is excellent and should be compulsery reading. It takes you blow by blow through the whole system and tells you what you should do.

 

Good luck.

Edited March 11, 2010 by supasnooper
Commercial weblink removed

[RaeUK]

Hi tigertim123,

I appreciate your post and it's good to see you have a successful time.

I'm not certain how much a pay site 'benefits and work' is but, as we pride ourselves on promoting free advice for all, I'm not sure if the link is allowable.

Best wishes.

Rae.

[BettieBoo]

Thanks for all the comments and advice everyone

Spoke to someone from welfare rights a moment ago and they said they were sending me out a letter template for my appeal.

 

They said as my illness is not long term as of yet i.e. I've only been suffering with it for 4 or so months and I've only been claiming ESA for 13 weeks, I won't be able to gather much evidence, which will probably lead to a tribunal. He advised me to get a doctors letter and write the relevant details needed.

I've yet to see a councillor so that's a shame as I could have done with a letter from them maybe or some more help/more evidence etc but the guy at welfare rights just told me that I can say further evidence may be available once I'm in touch with a councillor.

 

Gosh the things we have to do!

Edited March 11, 2010 by BettieBoo

[Like-Im-Being-Ripped-Off]

I found this forum today and want to give support to anyone who has been shafted by ATOS.

 

I suffer from systemic heart disease and a few other complications.

 

I am 63 and have had this condition for about 7 years.

 

I have led a more than active life (military and ex-pat) and have now paid the consequencies for it ( Nervous breakdown and heart attack).

 

I went onto incapacity benefits and for the first six years all went OK.

 

Last year, I was told that after my ATOS medical (15 minutes of stupid questions) I was considered fit for work.

 

All benefits were immediately stopped and I had to rely on my daughter for support.

 

As I have trouble even walking more than 20 minutes without a break and many other complications, I found this strange.

 

I saw my GP who put me in touch with the following site.

 

**edited**

 

He also wrote to the DWP on my behalf.

 

I followed the guide (money well spent) and promtly appealed complete with my reasons and a point by point response to the ATOS check sheet that you are given. I also demanded copies of all of my previous ATOS medicals and demanded a verbal appeal rather than a written one.

 

Some weeks later my copies were delivered (minus last years which they had lost). I was shocked to find out that in prvious years I had scored between 21 and 25 points, yet at my latest ATOS medical I was awarded ZERO points.

 

I then followed the advice in the book downloaded and forwarded this together with copies of my previous medicals.

 

Within 2 weeks, I was told that my case had been reviewed and that they had made a mistake.

 

4 weeks later, my benefits were back dated without any apology.

 

Do not give up. Bombard the DWP with letters and your version of how the medical should have gone. The benefits and works guide is excellent and should be compulsery reading. It takes you blow by blow through the whole system and tells you what you should do.

 

Good luck.

 

tigertim123

 

Copy and paste the info you used to help you, it would also help others.

Many thanks.. L.I.B.R.Off

[tigertim123]

Hi tigertim123,

I appreciate your post and it's good to see you have a successful time.

I'm not certain how much a pay site 'benefits and work' is but, as we pride ourselves on promoting free advice for all, I'm not sure if the link is allowable.

Best wishes.

Rae.

I feel a bit insulted being accused of promoting a pay site.

 

I was just trying to help someone who is in the same position I was some time ago.

 

We do not have the knowledge some of these organisations do but if you think that I am just promoting a pay site then I will keep my thoughts to myself.

 

I was genuinly trying to help and feel that you are more interested in moderating forums than helping people. Sad.

[tigertim123]

I would like to thank those posters who complained that I added a link to a site that helped people appeal against unfair ESA judgements.

 

I have had two official private repsonses "telling me off".

 

So much for trying to help people.

 

I feel sorry for anyone who has to try and fight the DWP without knowledge and I took the necessary path of seeking professional help and merely tried to help.

 

In future, I have no intention of sharing information with anyone as this forum is obviously full of "wannabe moderators" rather than thoise trying to help.

 

Shame some of you could not research and add helpful links rather than complain about someone trying to do some good.

[honeybee13]

Hello Tim, I'm sorry you feel like this. If your posted has been edited by the site team, then you have posted something that contravenes the site rules. At the bottom of your thread, it does say that it was edited because it contained a commercial website. That was done by a real moderator, 'wannabees' can't edit other people's threads, if we do have any.

 

If you haven't seen the site rules or can't find them, I'm sure Erika will post a link for you, if you let us know.

 

From what I know about my fellow caggers, the people who posted were trying to help you more than anything else. We do research and post links, but when we joined CAG we agreed to abide by the rules. I would have thought you could suggest words for people to google, or the generic type of website to look for. Erika, am I right?

 

Please try not to judge the forum too harshly, have a read of some of the threads and I hope you'll see that people mean well. You might even feel inclined to share some of your useful information.

 

My best.

 

HB

[Uncertain]

I would like to thank those posters who complained that I added a link to a site that helped people appeal against unfair ESA judgements.

 

I have had two official private repsonses "telling me off".

 

So much for trying to help people.

 

I feel sorry for anyone who has to try and fight the DWP without knowledge and I took the necessary path of seeking professional help and merely tried to help.

 

In future, I have no intention of sharing information with anyone as this forum is obviously full of "wannabe moderators" rather than thoise trying to help.

 

Shame some of you could not research and add helpful links rather than complain about someone trying to do some good.

 

I'm not a moderator nor did I complain about the link you posted.

 

I've only looked at the free parts of their site and don't know anybody personally who has paid the (I think) £18 fee for access to the rest. It may well be truly excellent and be doing no more than simply covering their costs. Or, it may be a pure business offering a respectable product for a fee. Or, finally, it may be rip off - I simply do not know.

 

I have also seen links posted on this board that are clearly nothing more than individuals offering their own services and using the board as free advertising.

 

I would hate to be in a position have having to choose and draw the line between these extremes if links were allowed so I well understand the reason for banning them.

 

I'm sure your intentions were good but, on reflection, you must agree this is a difficult area?

[tigertim123]

Hello Tim, I'm sorry you feel like this. If your posted has been edited by the site team, then you have posted something that contravenes the site rules. At the bottom of your thread, it does say that it was edited because it contained a commercial website. That was done by a real moderator, 'wannabees' can't edit other people's threads, if we do have any.

 

If you haven't seen the site rules or can't find them, I'm sure Erika will post a link for you, if you let us know.

 

From what I know about my fellow caggers, the people who posted were trying to help you more than anything else. We do research and post links, but when we joined CAG we agreed to abide by the rules. I would have thought you could suggest words for people to google, or the generic type of website to look for. Erika, am I right?

 

Please try not to judge the forum too harshly, have a read of some of the threads and I hope you'll see that people mean well. You might even feel inclined to share some of your useful information.

 

My best.

 

HB

Two private messages and an official edit....all for trying to help.

 

Sorry, but you can all stick to your "by the rules" help for each other.

 

I tried to assist someone who was in trouble, all others do is give verbal support but no meaningful help.

 

People turned down by the DWP need all of the help they can get, but they wont find it on a forum that criticises and moderates to such an extent as to deny people the opportunity to look up a helpful website.

 

Had anyone bothered to go to that site, they would have found it offered FREE ADVICE in the first instance and only if you want to go further is it up to you.

 

No hard sell. just free adice now denied to Bettieboo.

 

Well done. This was my first and last sortie into this forum, it is too full of posters who are only interested in complaining and not helping.

[Sauternes]

I've just had my tribunal and passed. What happens now? Do I still need to get "sick notes" from the doc. to send to JC+? When will the back pay arrive?

[Sauternes]

Thanks yeah I'll just state the obvious and fingers crossed they actually give me the benefit of the doubt.....but of course I won't hold my breath too much!

I was only 3 points from the 15 to qualify, how silly I'm not entitled by just 3 points.

Nevermind, I'll just send it off tomorrow. Do you know how long approx it takes for them to make a decision?

 

Only a couple of weeks for JC+ to reject it, I had my WCA last June and only got to a tribunal this morning.

[RaeUK]

I feel a bit insulted being accused of promoting a pay site.

 

I was just trying to help someone who is in the same position I was some time ago.

 

We do not have the knowledge some of these organisations do but if you think that I am just promoting a pay site then I will keep my thoughts to myself.

 

I was genuinly trying to help and feel that you are more interested in moderating forums than helping people. Sad.

 

I'm sorry you feel that way, tigertim123. I'm equally sorry you feel insulted as I'm sure that would be no-ones intention. Nobody has, to my knowledge, accused you of promoting a pay site. You simply pasted a link that you thought would be helpfull but then went on to say you had paid money to the site. Unfortunately only completely free sites can be linked to. Whilst the site you mentioned may well be completely scrupulous, the rules are to prevent CAG being overun by the many which aren't.

I certainly queried your link with the Site Team as I was uncertain of the status. That said, your post may well have been read by them prior to my contact.

In my opinion, the moderating on CAG is - to be fair - quite light. The emphasis is indeed on helping others. But doing so in as safe a way as possible.

Best wishes.

Rae.

[Cornishatheart]

I have appealed against an ESA medical report and my appeaal has been rejected. If I go to the tribunal and lose, or if I decide not to go to the tribunal (I'm working again now), does anyone know if I have to repay the ESA benefit that I received?

[Helen2264]

Hi guys,

I had been on ESA for the last 3 months due to having anxiety and depression. I recently attended a medical examination and can I say what a horrible experience that was, I was asked some absolutely ridiculous and irrelevant questions and felt as if they doctor didn't care at all about my condition. Just seemed as if they were trying to prove me wrong.

I just got a letter today saying I'm not entitled to ESA anymore as I was only awarded 12 out of the 15 points needed to qualify.

I was wondering what I should do to go from here.....

I feel so upset and stressed about the whole situation and it certainly doesn't help my depression and anxiety. I find it so insulting that someone else can judge you on whether you are ill or not. Anyone else that suffers from the same problems as me will know how incredibly difficult it is to cope with and how it affects your life on a daily basis.

The whole medical interview was a total joke, I was just asked silly things that in no means related to my illness and didn't get a chance to speak really, the doctor just typed all my answers into a computer. I felt as if it was more of a police interrogation!

 

Anyway I was just wondering, and hoping that someone could give me a little advice on where to go from here, as I know I'm not the only one that's had this problem!

Thanks

 

Reading your story feel like i am reading my very own I too suffer from anxiety, depression, panic attacks and the rest and had the same experience with my esa medical as you so you are not alone. You are lucky to have 12 points i got zero points i was just shipped to straight JSA strangely enough i have been told By the job centre not to look for work because i am not fit to start work very confusing to say the least and yet esa say i am fit for work. DWP say one thing Job Centre staff say another well the lady I see at the job centre do see how I am always having panic attacks being there.

[mikejgk]

My tuppence on the BW site and tigertim. I see where he's coming from, it seems to be just a genuine misunderstanding and clearly it is hurtful although no hurt was intended. For what it's worth the relevant site gives good basic advice. In Bettieboo's case for example - where she is worried about having time to gather evidence - she should just do the G24 as a holding job i.e. say "I wish to appeal against the decision and I believe I have given sufficient evidence to be found unfit for work. I will provide further evidence once I have received the full statement of reasons and medical report". Also if you are gonna use cab or legal help simply write in TBA. Then you will have your appeal in in time and they generally take ages to process it, during which you can gather further evidence.

 

BW is reasonably cheap but it does give only very limted and generalized advice. As soon as you want to know anything in detail they simply refer you to get individual advice from cab or cls etc, which is rather irritating, although I do see they have to avoid anything like a client relationship for which they might be open to getting sued for giving negligent advice.

[BettieBoo]

Hi guys,

Finally finished my appeal letter, going to send it out later. My GP has written me a supporting letter ( well I certainly hope it is anyway)

She said she hoped my illness would only be temporary, so that worried me a little I hope she doesn't put something like that in my letter.

I certainly don't feel as if it's a temporary illness and the last few weeks have been the worst so far!

 

Just wanted to ask....

 

Is it true the DWP write to your GP once you've failed your medical to tell them to stop writing you sicknotes as your deemed fit for work? I read this somewhere....That's certainly not a good thing, really crafty too!

 

My appeal letter was pretty long probably around 7 pages in total but I felt that they got that much wrong I had to correct it! When I read the copy of my medical statement it was so exaggerated in parts related to my capabilities yet beyond vague when talking about the problems I have!

 

I didn't realise that the majority of the points you get are actually based on the questionnaire you first fill in whilst applying for ESA. I filled my in ages back.

[Sauternes]

Hi guys,

 

Is it true the DWP write to your GP once you've failed your medical to tell them to stop writing you sicknotes as your deemed fit for work? I read this somewhere....That's certainly not a good thing, really crafty too!

 

 

If you appeal your GP (or specialist) must give you sick notes until you win the appeal or your tribunal date. Although they can refuse to give you a sick note if they think you are well enough to work.

[BettieBoo]

I know I need to carry on getting sick notes, I just wondered if the statement about the DWP writing to your actualy GP and telling them to stop giving sick notes is true.

I read that some GP's misread this and then refuse any more sicknotes as they feel they can't after receiving such a letter

[ee-bee]

This is a reply to a letter I sent to all MIND offices, which may be of interest in regards to those following the upcoming BBC documentary on Atos :-

 

"Thank you for your email regarding ATOS Healthcare and the current issues surrounding medical assessments.

Mind has had long-standing concerns about the Work Capability Assessment, carried out by ATOS Healthcare staff and is lobbying the government to reform the system. We are also aware of the documentary that the BBC are making.

You can download a briefing of the issues as Mind sees them, our recommendations, and action we have been taking, from our website here: http://www.mind.org.uk/campaigns_and_issues/report_and_resources/2541_work_capability_assessment_campaigns_briefing

Mind has been meeting with key decision makers and campaigning on the issues through our networks. We have also been encouraging campaigners to write to their MP and a draft letter for this purpose is available to download from our website here: http://www.mind.org.uk/campaigns_and_issues/policy_and_issues/making_benefits_fairer-welfare_reform/take_action

If you would like to keep up to date with how our campaign is progressing and of ways to get involved in this and other areas of Mind’s work, you may like to join Mind in Action, our campaigning network. The network is free to join and you will receive regular newsletters and campaigns materials. If you would like to join this network please email me your postal address and I can arrange for these to be sent to you. Please also let me know if you would like to receive our e-bulletins which include updates from both campaigns and other departments within Mind.

Thank you again for raising the matter and please feel free to tell others about the campaign and encourage people to write to their MPs."

does anyone know if there is a draft letter for the disability side of things,although i`v wrote to my mp about the pca it certainly didnt put things across as good as the above draft letter does

[honeybee13]

Hello ee-bee, how are you? I don't think I've seen you for a while.

 

I'm not sure what you're looking for, but Erika has helped me construct a template for a tribunal. This may or may not help you, and I'm sorry if it doesn't. It's in the Stickies at the beginning of the forum.

 

My best, HB.

[ee-bee]

hya,i`m often on here,just dont contribute as much as i should mainly because as you prob realise i`m not very good at explaining myself,what i meant was,i`v wrote to my mp and voiced my opinion about how unfair the pca medical is and how many people are failing it,the draft letter posted above is really good and i was looking for the same sort of draft letter i could send to my mp but about the physical disabilities,that hasnt explained it any better has it,