I have been released from the Bear Garden to come ask advise on ESA.

[bogwoppit99]

Hi

This would be the most appropriate place for my long quest for ESA ! I will be brief ! On 20th October 2009 lodged my appeal for failing the medical assesment only obtaining 12 of the 15 points required for Osteoarthritis of the left and right hips, Osteoarthritis of the left elbow with all the normal complications. during the last 11 months i have undergone 3 surgical procedures to rectify or attempt to rectify the problems with my left arm, No benefit gained in fact the condition became worse told to forward consultants, doctors letters to DWP (recorded) eventually an acknowledgement would be forthcoming from Tribunal Service "We have received furthre evidence for your appeall blah blah blah"

Hips cannot have any Ops until arm is sorted! anyway further xray examinations of both hips consultants letter quote " There is significant progression of Osteoarthritis of both right and left hips with shortening of the bone from images taken in April 2009 to June 2010 the patient cannot walk more than 50mtrs without severe pain/discomfort and needs to rest/sit down".

Once again forwarded letters from consultants/Doctors to DWP and in due course acknowledged by Tribunal Service.

On the 10th September 2010 after a 20 minute hearing my appeal was disallowed i was not suprised as what i was told at the start of the hearing was repeated when giving his decision.

" We are agreed that your condition has become worse but we can only consider the evidence that was availble on the date of the Appeal and the medical assesment prior to that date, on that basis your appeal is disallowed thankyou for attending!!!!!!!!!!!!!!!!!!!!!!

 

Ok so due to my own ignorance i failed to see the paragraph that states that if the condition becomes worse i can lodge a further claim for ESA while an appeal is pending however i understand that by doing that would have presented even more complications.

Why cant a Tribunal in such cases be allowed some discretion when presentd with the obvious! Anyway my next question by way of a recorded letter to DWP what happens to all of the evidence provided since the date of the Appeal ie 20th October 2009 to date surely it cannot be discounted. That was of course a week ago and imagine my surprise on the 17th September when my ESA at the assesment rate was still paid.

Digging a bit deeper i am led to understand that due to the length of time from the date of the Appeal to Tribunal 11 months a DM (Decision Maker) has to decide do i now in fact have LCW i wait with baited breath for a letter to appear from DWP letting mre just what is going on.

I will keep all informed as to a result and if required my subsequent reclaim for ESA.

[SOD'EM]

Well would you Adam and Eve it???????

 

Went to ATOS last year (got 0 points), so was told not entitled to ESA.

Put in appeal ( was then awarded 6 points, which is far from enough).

Appealed again and was sent a letter saying I would have to attend a tribunal in my area, but could wait 9 months.

Got allsorts of evidence from my GP, psychiatrist and inclusion matters (Mental Health Group who are helping me with Cognitive Behavioral Therapy) ready to take with me to the tribunal.

I was still waiting (worried sick about it to be honest) for a date of the tribunal as the 9 months was up.

Received a letter yesterday from DWP stating:-

 

Dear SOD'EM,

Due to a recent change in your circumstances your ESA is as follows. From 20th June 2010 your ESA will be £91.00 per week (I have only been getting £65 per week up till now), blah blah blah blah blah. We will be depositing £804 into your bank account as arrears (WOOOOOHOOOOOOOO).

 

Obviously the letter was alot longer than that (about 10 pages to be precise, just to tell me the above).

 

Checked bank, and there it was. I haven't even attended the tribunal???????????

 

I will receive an extra £25 per week from now on as well.

 

Has anyone known that to happen before? I'm not complaining anyway, and with a bit of luck I will be able to get

back to the jobhunting soon. As long as the course I am on works.

[rightsforme]

well done sodem they obviously realized the decision would be overturned. The ESA ATOSsers is a farce failing us all.

[doktorjohn]

Well done Sod em.

 

I was told a week before my tribunal that they had changed their decision and awarded my IB back to me with backpay.

 

I think they look at the cases that they won't win and avoid the tribunal.

 

Maybe they are afraid of the statistics showing too many successful appeals.

 

- dj

[babybear39]

I got through first time but was surprised. Congrats SOD'EM

[honeybee13]

At last, sod'em, I'm so pleased for you. Hopefully it's a weight off your mind. :) .

 

HB x

[speedfreek]

Trebbles all round

 

Shall we change the tittle of this thread to we've all won?

 

Wondered why I was flush with cash in my bank account? Guess what my letter saying "WE HAVE LOOKED AGAIN AT OUR DECISION" has arrived and.......

 

Victory is mine

 

Special thanks has to go to the Brixton Advice Centre who handled all this for me and the timewarp which delved this letter sent by 2nd class post and dated 17/1/11 today the 18/1/11

[doktorjohn]

Go speedfreak, go speedfreak.

 

Nice one.

 

- dj

[honeybee13]

Wow, more excellent news. We're on a roll. :)

 

HB x

[SOD'EM]

I don't beleive it. I am in the middle of a CBT course and am still being seen by my psychiatrist, but I have just received a letter from ATOS saying I have

to go next week and have another Medical Assessment. I know I won't get any points again and will have to appeal and go through the ridiculous charade

like I went through last time. Why won't the Government listen to people with Mental Health issues. I am also still on 4 different kinds of medication for my

blood pressure and my anxiety and hypertension.

[honeybee13]

I'm sorry to hear that, Sod'em. It's a bummer, isn't it? Please let us know if we can help with anything as well as being a friendly ear, if that's the right term.

 

My best, HB

[babybear39]

I've got another round with ATOSsers next April

 

Good luck with yours SOD'EM.

[SOD'EM]

Thanks HB and BB. It's nice to know there are some decent people that don't automatically judge and think you are just trying to get out of work. I have recently

moved home and live alone now (which hasn't helped me at all). I have now got to go through the rigmarole of changing Benefits Offices as well.

 

I phoned them this morning and done a change of address. I then asked if that will affect my benefits early next week and she said it probably will. I will be under

a different officeto deal with my claim. I am due to renew my medical certificate on Friday as well, and I asked if I needed to send it to the same address I have

sent to previously. She then told me that I am exempt from sending in certificates as I am on a certain type of ESA, that enables me to slowly get myself back

to normal and hopefully confident enough to go back to work. They could have told me that last year before I have sent them all these doctors certificates.

[Nystagmite]

She then told me that I am exempt from sending in certificates as I am on a certain type of ESA

 

if you're in the support or WRAG, then you don't need to send medical certificates in. It's only those in the fist stage of a claim or those appealing.

[banksarggg]

The sad thing is , is that it all really depends on wether the atos (dont like to say DR cos there not) person thinks you are genuine or not if they dont like you its a "Fail" , i really believe that there isnt one of the atos people that goes on medical information only , which sickens me as well as saddens me

i hope everything goes well for you sodem my heart goes to you because you are right mental issues arent taken seriously enough x

[Nystagmite]

Babybear and Sod'em - good luck.

[honeybee13]

Sod'em, I'm really sorry your life has changed, I hadn't realised that. We're here for you.

 

HB x

[babybear39]

According to my medical notes I'm 'sposed to be a corpse so I'm I'm not doing too badly really

[SOD'EM]

Well would you Adam and Eve it??????? I received a letter from DWP this morning regarding my recent medical Assessment with ATOS.

 

Although they have not told me how many points were awarded, they have decided that I have limited cxapabilities for work and they have decided to put me in the support group category. This means I no longer need medical certificates, and I don't need to do anything I don't want to or can't do (this means things like going to Jobcentre all the time to be ridiculed and looked down upon). This will be the case for another 12 months. I think they are also giving me a few extra pennies (although that was not really a priority).

 

I went to the medical all wound up and about to give them a piece of my mind, but that plan went pear shaped. As soon as I sat in the chair in the examiners room, I just broke down like a big baby (I guess I got myself a bit too wound up). The lady was quite nice actually and she made sure I wasn't in there for any longer than necessary (about 5-10 minutes to be precise). She told me that she doesn't think at this time I am capable to do anything without having major problems. I would probably be dead now if it wasn't for contact with people using the internet, so thank God for CAG.

 

That altogether was a really pleasant surprise, and with a year before the next review I think I will be able to concentrate solely on my recovery now.

 

Thanks all for your kind words and thoughts, and also your help.

[Nystagmite]

I think they are also giving me a few extra pennies (although that was not really a priority).

 

The support group component is around £30 a week. This is backdated to week 13.

[SOD'EM]

They have not backdated it Nystagmite, I don't think there are any signs that they will either. They say I am entitled to it 3 days after the date of my medical exam. I wish they would backdate it, as that would come in really handy just now. I'm not that bothered really, I'm just glad they have given me a break for a while to get myself sorted. Between the GP's, the Hospital, my councellor from Inclusion Matters and other stuff, it would have been much much easier to be on JSA.

[doktorjohn]

Congratulations Sod'em. Great news.

 

I don't understand why you say they are not backdating if they are paying you from 3 days after the assessment.

 

But I'm glad for you.

 

- dj

[honeybee13]

Hello again Sod'em. I'm delighted for you and hope you have a peaceful time without the hassle. Thank you for letting us know.

 

HB x

[SOD'EM]

Thanks all.

 

They are paying me from 3 days after the assessment that I had last week. I have been on ESA (Work Related Activity Group) for over a year now.

The last assessment shows that I should be in the Support Group which pays slightly more.

I am not sure wether that extra will be backdated to when I first went on ESA last year. I am also not bothered if they don't. To get listened to finally was worse than any job I have ever had (and there has been a lot of them since even before I left school).

[RaeUK]

At least you have some success, Sod'em, you deserve it! very very happy for you ...

Rae.