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Guess what - ANOTHER ESA thread :(


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I'll start at the beginning: Having worked pretty much since I left school, i was forced into giving up work in January 2009 due to ill health. I was diagnosed with Diabetes in Oct 08 and it took me a whole to get reasonably stable. Not long after I was diagnosed with Diabetes, I started to suffer with general malaise, aches, pains, headaches, lethargy and general all round feeling pretty crap - everyone put this down to the Diabetes and I went along with it. I was on JSA since finishing work and actively seeking employment. July 2009 I helped to clear some junk with a friend and we filled 3 skips - it took me almost 4 days to recover from this and again I put it down to Diabetes and the fact I had not been as active for a little while. In October 2009 I was signed of JSA as I was just physically unfit to work - I was beginning to struggle to get upstairs at home, often had to sleep downstairs, struggled walking around in general and my energy levels were virtually nil - various trips to the doc suggested that, again, Diabetes was the cause of this. I was referred to my Diabetes Specialist Team and after much back and forth appointments I was told that I would need to use Insulin as the tablets were not working on their own.

 

Over the last 5 months, since I started using Insulin, I have managed to get the Diabetes under control to an acceptable standard but I am still feeling pretty crap. Numerous trips to the Hospital for blood tests, which have all returned as normal or within acceptable ranges, have proved a logistical nightmare for me as I have had to rely on other people for transporting me around, I rarely drive at the moment as I am just too knackered no matter how much sleep I have had. The long and short of it is that they are now contemplating whether I have ME, amongst other smaller issues.

 

ESA: I was placed on this in October 2009 and received the assessment rate. I finally got my appointment for my ATOS medical, March 11th, as they "forgot" about me. I arrived at the appointed time (9.20 for a 9.30 appt) and finally got called through at almost 10.10 am. I "walked" approx 30 metres to the consulting room and was asked to take a seat (on a chair with no arms) and I did so - albeit using the edge of the desk to help me down and to "sit" comfortably - I was asked about my medical history, my job history, why I was taking such and such a drug for such and such an affliction etc etc then was asked to stand up and walk to the couch - again using the desk to get up I managed "reasonably" well - I was asked to stand up and raise my arms out to the side, to close my thumb and forefinger together and to raise my leg to a certain point - plus to read the eyesight chart - I could not close my thumb and forefinger together, I managed to climb up on the couch using the step provided and could not raise my leg to the required height without the help of the "doctor" - when he assisted me the pain was immense and I had to arch my back to allow this to happen. The medical took approx 15 minutes and he spent more time form filling about my appearance (kempt) and whether or not I had poor hygiene !!!

 

I filled in the initial forms for ESA way back in November 2009 when I was not struggling as much as I am now - I scored a total of 6 points on my assessment and was therefore refused ESA and was told that I am fit for work - I have now appealed. My own Dr has signed me off for a further 2 months and is amazed that he has not been contacted by ATOS (as I agreed) or the DWP (as I agreed)

 

I am back on the assessment rate pending a decision from someone who has never met me, probably never will and does not see how I am on a daily basis. On a "good" day I can potter about, on a "bad" day I am pretty much confined to bed or the sofa if I have slept downstairs

 

The medical report was a complete joke - the information he has reported is factually incorrect, the dates given were replaced with "approximates" and make me to look that I am a faking benefit claiming ******. My own Doctor has had to attend my house on more than one occasion as I have been too "ill" to attend the surgery and is fully supportive, but I am still waiting on one set of blood tests to come back before I can be referred to the ME specialist for diagnosis - everything suggests that I am in the Acute Onset phase of ME

 

I have received my letter stating they have received my appeal letter, and if they agree with the decision made then I can appeal and go to a Tribunal......

I would like nothing better to go back into full time work and earn the living I was once earning, but for the moment its physically impossible for me to do so

 

Sorry for harping on, i'm immensley frustrated with these people, I just need some space to concentrate on getting better

 

I would love some help and advice with this - ive looked through most of the ATOS/ESA posts and it appears we are all having the same issues

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Have you actually appealed or have you asked for a reconsideration? It sounds from their response to be a reconsideration rather than an appeal.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I'll start at the beginning: Having worked pretty much since I left school, i was forced into giving up work in January 2009 due to ill health. I was diagnosed with Diabetes in Oct 08 and it took me a whole to get reasonably stable. Not long after I was diagnosed with Diabetes, I started to suffer with general malaise, aches, pains, headaches, lethargy and general all round feeling pretty crap - everyone put this down to the Diabetes and I went along with it. I was on JSA since finishing work and actively seeking employment. July 2009 I helped to clear some junk with a friend and we filled 3 skips - it took me almost 4 days to recover from this and again I put it down to Diabetes and the fact I had not been as active for a little while. In October 2009 I was signed of JSA as I was just physically unfit to work - I was beginning to struggle to get upstairs at home, often had to sleep downstairs, struggled walking around in general and my energy levels were virtually nil - various trips to the doc suggested that, again, Diabetes was the cause of this. I was referred to my Diabetes Specialist Team and after much back and forth appointments I was told that I would need to use Insulin as the tablets were not working on their own.

 

Over the last 5 months, since I started using Insulin, I have managed to get the Diabetes under control to an acceptable standard but I am still feeling pretty crap. Numerous trips to the Hospital for blood tests, which have all returned as normal or within acceptable ranges, have proved a logistical nightmare for me as I have had to rely on other people for transporting me around, I rarely drive at the moment as I am just too knackered no matter how much sleep I have had. The long and short of it is that they are now contemplating whether I have ME, amongst other smaller issues.

 

ESA: I was placed on this in October 2009 and received the assessment rate. I finally got my appointment for my ATOS medical, March 11th, as they "forgot" about me. I arrived at the appointed time (9.20 for a 9.30 appt) and finally got called through at almost 10.10 am. I "walked" approx 30 metres to the consulting room and was asked to take a seat (on a chair with no arms) and I did so - albeit using the edge of the desk to help me down and to "sit" comfortably - I was asked about my medical history, my job history, why I was taking such and such a drug for such and such an affliction etc etc then was asked to stand up and walk to the couch - again using the desk to get up I managed "reasonably" well - I was asked to stand up and raise my arms out to the side, to close my thumb and forefinger together and to raise my leg to a certain point - plus to read the eyesight chart - I could not close my thumb and forefinger together, I managed to climb up on the couch using the step provided and could not raise my leg to the required height without the help of the "doctor" - when he assisted me the pain was immense and I had to arch my back to allow this to happen. The medical took approx 15 minutes and he spent more time form filling about my appearance (kempt) and whether or not I had poor hygiene !!!

 

I filled in the initial forms for ESA way back in November 2009 when I was not struggling as much as I am now - I scored a total of 6 points on my assessment and was therefore refused ESA and was told that I am fit for work - I have now appealed. My own Dr has signed me off for a further 2 months and is amazed that he has not been contacted by ATOS (as I agreed) or the DWP (as I agreed)

 

I am back on the assessment rate pending a decision from someone who has never met me, probably never will and does not see how I am on a daily basis. On a "good" day I can potter about, on a "bad" day I am pretty much confined to bed or the sofa if I have slept downstairs

 

The medical report was a complete joke - the information he has reported is factually incorrect, the dates given were replaced with "approximates" and make me to look that I am a faking benefit claiming ******. My own Doctor has had to attend my house on more than one occasion as I have been too "ill" to attend the surgery and is fully supportive, but I am still waiting on one set of blood tests to come back before I can be referred to the ME specialist for diagnosis - everything suggests that I am in the Acute Onset phase of ME

 

I have received my letter stating they have received my appeal letter, and if they agree with the decision made then I can appeal and go to a Tribunal......

I would like nothing better to go back into full time work and earn the living I was once earning, but for the moment its physically impossible for me to do so

 

Sorry for harping on, i'm immensley frustrated with these people, I just need some space to concentrate on getting better

 

I would love some help and advice with this - ive looked through most of the ATOS/ESA posts and it appears we are all having the same issues

 

hi and welcome ( to the club)....I am really sorry to hear about your illness and I hope things are manageable for you?

Dont know what to saY really, only that YES you are correct in as much as most of us here are all in the process of having to deal / struggle and fight tooth and nail with the DWP / ATOS:evil:...

Alas, now there is no such thing as being 'sick' as far as the government are concerned??...if you 'have a pulse' then you're fit to 'work" in their opinion??? CRAZY, SCANDERLOUS, UNFAIR etc-etc I know, but thats whats its like! It came as a great shock to me too!!..

I have asked the question 'several times' "WHATEVER HAPPENED TO THIS COUNTRY SUPPORTING AND CARING FOR PEOPLE WHO ARE SICK/IN PAIN/WAITING FOR AND RECOVERING FROM OPERATIONS/DYING EVEN" to MP'S / BBC / ITV / SKY / RADIO STATIONS, ETC-ETC, but no one seems to want to address the issue and confront the government on this outrageous policy (IMHO)??

theres lots of kind, friendly and knowledgable people on here that will help you better than I, but just wanted to wish you well and say "GOOD LUCK"!

 

regards

countmein x

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hi and welcome ( to the club)....I am really sorry to hear about your illness and I hope things are manageable for you?

Dont know what to saY really, only that YES you are correct in as much as most of us here are all in the process of having to deal / struggle and fight tooth and nail with the DWP / ATOS:evil:...

Alas, now there is no such thing as being 'sick' as far as the government are concerned??...if you 'have a pulse' then you're fit to 'work" in their opinion??? CRAZY, SCANDERLOUS, UNFAIR etc-etc I know, but thats whats its like! It came as a great shock to me too!!..

I have asked the question 'several times' "WHATEVER HAPPENED TO THIS COUNTRY SUPPORTING AND CARING FOR PEOPLE WHO ARE SICK/IN PAIN/WAITING FOR AND RECOVERING FROM OPERATIONS/DYING EVEN" to MP'S / BBC / ITV / SKY / RADIO STATIONS, ETC-ETC, but no one seems to want to address the issue and confront the government on this outrageous policy (IMHO)??

theres lots of kind, friendly and knowledgable people on here that will help you better than I, but just wanted to wish you well and say "GOOD LUCK"!

 

regards

countmein x

 

Count

I AGREE THIS COUNTRY OF PEOPLE ARE GUTLESS I WAS WILLING TO GO WITH A TROOP OF PEOPLE TO NO 10.....

 

I tried an idea campaign but not alot of joy.:sad:

 

LIBRO.

Edited by Like-Im-Being-Ripped-Off

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

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I'm going to request that the English Oxford Dictionary change the meaning of politician to: Person appointed by the people of a country who is expert in not answering direct questions, but has a Phd in fudge and fluff.

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Have you actually appealed or have you asked for a reconsideration? It sounds from their response to be a reconsideration rather than an appeal.

 

In my understanding when they receive your request for an appeal they reconsider (invariably against you) then it goes to appeal automatically.

 

But, as always, don't trust them to do anything consistently.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Yes, a reconsideration is done as an integral part of the appeals process.

 

What they OP states has happened is they have advised that if they don't revise the decision is that he will have to appeal, which suggests he has not appealed the decision, he has asked for a reconsideration alone rather than an appeal. If he has asked for an appeal and the decision remains unchanged, there should not be a need for him to appeal again.

 

If an appeal is requested an initial reconsideration will take place. Following that reconsideration if it is not favourable to the claimant, the case goes forward to the Appeals Service without a need for the claimant to ask for a further appeal. It only lapses and requires a further appeal if the decision is revised in the claimant's favour and the claimant still disagrees, or if the claimant has not requested an appeal but a reconsideration alone.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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... I AGREE THIS COUNTRY OF PEOPLE ARE GUTLESS I WAS WILLING TO GO WITH A TROOP OF PEOPLE TO NO 10...

 

Oh, don't give up on the idea hunni. Mobilising the mobility impaired will never be a quick thing! Let the election come and go - you'll only get false promises - and see what flavour government we get. That will then give us an indication as to what we need to do. For example, a hung parliament is a nightmare of a prospect. However, for us, it would be just what we need...

 

Up the revolution!

 

Rae

Edited by RaeUK
Wow! Is that one of the governments new shiny imaginary wheelchairs?
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Count

I AGREE THIS COUNTRY OF PEOPLE ARE GUTLESS I WAS WILLING TO GO WITH A TROOP OF PEOPLE TO NO 10.....

 

I tried an idea campaign but not alot of joy.:sad:

 

LIBRO.

 

I was gonna be first on be bus LIBRO…

What I meant was that I think the MEDIA won’t confront the politicians on this matter??...

One radio station and one TV channel told me that they do invite and ask the politicians to discuss this but THEY WONT!! (wonder why??)

Regards

Countme in x

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I was gonna be first on be bus LIBRO…

 

What I meant was that I think the MEDIA won’t confront the politicians on this matter??...

One radio station and one TV channel told me that they do invite and ask the politicians to discuss this but THEY WONT!! (wonder why??)

 

Regards

 

Countme in x

 

Count oH.

 

Sooner or later, the population as a whole is likely to reject these policies, especially as growing numbers of voters find that they, their families or friends are personally affected. In the meantime, however, much damage is being done.

Alliances of those concerned about the harsh treatment of sick and disabled people, from disability and carers’ organisations, to trade unions, faith and humanist groups and human rights activists, could effectively challenge the crack-down on claimants.

 

 

Libro

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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"Lisa Jones, guest blogger from CarerWatch, writes about their efforts to get politicians to address the issue of benefits as the general election looms."

CarerWatch and the election » Guest blog

 

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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