Another ESA Nightmare

[happyhamr]

Hellow Twinkle toes,

 

I got letterstating,we can not pay you ESA from 11th of febuary2010.

After medical assessment it has been decided you do not have any limited capability for work.(blah,blah,blah)

 

I appealed the decision on the 17th of Febuary(recorded delivery)

 

I also contacted (job centre plus/belfast) and requested a copy of my medical report which they sent shortly afterwards.

 

Monies were re -instated at the assessment rate(been on ever since.)

 

Definately got the "FULL"total,not very accurate ,Medical report.

[twinkletoes66]

Hi cbbc

Ive been reading "theyworkforyou" Im not sure if I can post the link to where it is? Its the parliament debates.

Hi Erika

The guy I spoke to today said he would send the report out, well he said he was sending the request anyway as we spoke, I told him I had already rang and asked for it and was told it would be with me within the week and he said there was no record of me requesting it. Hopefully now its on its way.

[ErikaPNP]

Hi Twinkletoes - hopefully it will come as promised. If not just use the law!

 

The link to "they work for you" is absolutely fine to post - go ahead.

[twinkletoes66]

Hi Happyhamr

 

When I get the copy of my report if theres one single lie about me or what I said Im going straight to the NMC to report the nurse, Im going back to Atos (Atos manager is already investigating my medical complaint-I ended up at the doctors with my back after it!) They shouldnt be allowed to get away with lying about sick people to line their pockets, when I think how hard my doctor and specialist have worked with me and genuinely try to help, then they come along and make a mockery of us all it enrages me! How dare these HCPs ignore consultants and GPs! I bet they would be more honest in their reports if they had our doctors and specialists sat in with us at the medicals!

[happyhamr]

Totally agree twinkle toes,

My med report stated,the bit(walking,standing/

sitting, bending and kneeling)

 

"NONE of the above apply..?,well all of the information was in my

esa50 form(personally i dont think he even Looked" at it.

 

We are just (dog poo) on theirs shoes,and do they do Not give,

 

A TOSS

[twinkletoes66]

This is what I was looking at cbbc and Erika, its very interesting ...

 

Employment and Support Allowance: 27 May 2010: Scottish Parliament debates (TheyWorkForYou.com)

 

Speeches about the ESA medical being unfit and what have you. I know this is Scottish but I believe it affects the whole of the UK?

[loan_ranger]

This is what I was looking at cbbc and Erika, its very interesting ...

 

Employment and Support Allowance: 27 May 2010: Scottish Parliament debates (TheyWorkForYou.com)

 

Speeches about the ESA medical being unfit and what have you. I know this is Scottish but I believe it affects the whole of the UK?

I've already said this once in the ESA/ATOS thread

I am a bit confused by this. It seems that all but the Tory understand the ESA system is failing claimants. But the Tories answer seems to be that IDS has claimed all claimants WILL be reassessed under a system that is not working!

So in a de-ja-vu sort of way here's what Margaret Mitchell (Conservative) proposed, during the debate, for addressing the main problem highlighted by CAB's report "Unfit for Purpose":

as the Citizens Advice Scotland report makes abundantly clear, that there are huge problems and failings, which the new coalition Government is now endeavouring to rectify, starting with a reassessment of all current claimants of the ESA, as well as of those who are currently claiming incapacity benefit and who will transfer across to ESA soon.

The same old "smoke and mirrors" mantra again, maybe they think that if they repeat it often enough we'll believe this "bull". If the med exam needs fixing how does making more people take it make it better? It's as if she read a totally different report, how could she have failed to grasp what CAB have said about these sham medicals.

[twinkletoes66]

Well the Postmans been, and they havent sent my payment, neither have they sent me any word as to why. Im absolutely livid theres nothing I can do today either as Im at the dentist in half an hour for sedation

[furnitman2003]

Hi Happyhamr

 

When I get the copy of my report if theres one single lie about me or what I said Im going straight to the NMC to report the nurse.

 

Hi Twinkletoes, sorry to hear about the dentists,, you may well get lots of lies, I did, one of the best ones was, "Bending or Kneeling" I had put in my questionaire, "I can bend ok, but find squatting difficult, and kneeling vertually impossible on both knees. I can kneel on one knee, not at all on the other". Guess what they said? "you can bend, kneel or squat without difficulty", Complete lie, and one of many.

Alan

[ANDYANDFLO]

Hi Twinkletoes, sorry to hear about the dentists,, you may well get lots of lies, I did, one of the best ones was, "Bending or Kneeling" I had put in my questionaire, "I can bend ok, but find squatting difficult, and kneeling vertually impossible on both knees. I can kneel on one knee, not at all on the other". Guess what they said? "you can bend, kneel or squat without difficulty", Complete lie, and one of many.

Alan

 

Hi Alan, maybe thay just assumed you could squat without difficulty if you did not tell them that you had to wear adult nappies!!!

Sorry for bringing the tone of the thread down to gutter level - ooops!!

[twinkletoes66]

I rang them before I went to the dentist, all this snotty abrupt woman would do was offer to send a note somewhere to ask why my payment wasnt sent out as there was nothing on the system to say why my payment hadnt been triggered, and said I would get a call back tomorrow. I asked the woman today was there nobody else I could speak to, or another number I could ring as someone somewhere should know why my payment wasnt sent and she said no, you will have to wait for us to contact you about it.

This happened months ago and the lady I spoke to then was lovely, she said she would get it straight out to me or I could go to the jobcentre and pick it up that day...

So I`ll ring them tomorrow to find out if they have "received word as to why it wasnt sent". Either that or wait for them to ring me which will probably be about 5pm.

I think Im being fobbed off about the report, when I said I had rang two days ago and was told my payment would be sent out as normal she mentioned I rang about a copy of the report, "Yes" I also enquired that" I said... she said "Well a copy was sent out in May", I said "No it wasnt", it was sent to the ATOS manager, I told her Ive asked for the report a couple of times now and she said "Well we dont have it yet!" I wasnt even ringing about my report so I dont know why she mentioned that, she was very very snotty though, speaking to me like I was an annoying kid, her tune soon changed when I asked for her name!

Edited June 10, 2010 by twinkletoes66

[twinkletoes66]

Hello again

I got my payment (two days late) When I rang them yesterday they said it was late as they had done "maintanence work on my claim" Eh???

Anyway, with the payment was a letter, instead of it saying the usual "this is ESA from that date to this" it says -

 

“If you want to know more about this payment get in touch with us”

“jobcentreplus work to offer a complete service through your jobcentre. If you have an enquiry about your claim for Employment and Support allowance you will be referred to the Decision maker or appeals section”

 

Can anyone shed any light on this? Ive never had a letter like this before with my payment. Im taking it to mean because Ive been a nuisance pestering them about that strange letter from the deductions team saying Im no longer going to get ESA - but no word about whether I passed or failed the medical, the reports not being sent, and not being paid Im going to be passed straight over to someone who is going to say I failed the medical.

 

Any ideas please anyone?

 

And can they refuse to let me go to tribunal if they want to?

[ErikaPNP]

No, only the tribunals service can refuse to admit an appeal. DWP can refuse to revise but they can't refuse an appeal. Even where an appeal is late, if they refuse to accept it they must refer it to the Tribunals Service who will make the final decision.

 

In regard to the letter, it's nothing to worry about. It's basically what it says. The Jobcentre don't make decisions on your claim and are not trained in the ESA process; they can only answer general queries. If your query is specific to your claim or to the ESA process, you need to contact the BDC as it's only them that can realistically answer your query. The Jobcentre should refer specific queries to the Decision Makers or the Appeals Section and should not attempt to "guess" the answer. The letter is just to advise you of that but obviously they can't say "the jobcentre can't help you, you need to contact us".

[honeybee13]

[sigh..]. Wouldn't it be nice if the DWP joined the Plain English campaign and explained things properly. Loads of them are standard letters, after all.

 

I've received letters in the past that are complete gobbledegook, I'm sure plenty of other forum members have.

 

HB

[ErikaPNP]

Oh, yes. They are suppored to use plain English. There was a thing ran about it a couple years back called "jargon buster". Guess that, along with many other inititives fell flat on its face

[hendo001]

Oh, yes. They are suppored to use plain English. There was a thing ran about it a couple years back called "jargon buster". Guess that, along with many other inititives fell flat on its face

 

dont worry Erika I will resurrect the jargon buster and sort it out with the new website lol

 

Twinkletoes66 I hope your appeal is going well, please keep us informed!

Edited June 12, 2010 by hendo001
clarity

[twinkletoes66]

Thanks for that. The funny thing is this letter is from the BDC, and thats the place Ive been ringing all the time. Ive never had a letter like this, normally its just a letter saying more or less "Here is your ESA" as I get mine through the post. I could understand if the letter said Id be put through to the relevant department but to say I`ll be referred to the DM or appeals section?

The woman I spoke to last time told me there was nobody else I could speak to, that I had to go through them first, now I feel like theyre inviting me to ring to be put through to them.

Theyve messed me around so much. Im just trying to prepare myself now for any nasty surprises they have in store for me.

[ErikaPNP]

I don't have an appeal hendo - I help others with theirs.

 

Unless you mean my child's DLA appeal? It was a while back?

[hendo001]

I don't have an appeal hendo - I help others with theirs.

 

Unless you mean my child's DLA appeal? It was a while back?

 

the appeal bit was to the OP sorry for the confusion lol

[twinkletoes66]

Thanks Hendo, I havent even had the decision yet to appeal lol thats what Im trying to get hold of.

[hendo001]

good luck mate

[twinkletoes66]

Just a quick update.

Ive just had the DWP ring me the lady was lovely, she apologised for the trouble Ive had and shes asked herself for a copy of the report from atos, theyre faxing it to her and shes sending it out to me today, shes told me the "doctors" have failed me on the assessment and said it was ridiculous with everything Ive got going on. I burst into tears when she told me I cant stop crying, its the thought of having to go and hassle the docs and people for reports and sick notes, they dont even know how bad I am. Ive been playing it down because they want to put me on toxic drugs with really bad side affects and risks and Im terrified of them.

 

PS

The lady from the DWP told me I did the best thing possible formally complaining to Atos, she seemed quite annoyed at them but obviously couldnt say much. So all of you who have had a bad time either at the medical or dealing with these people get your complaints in and make sure the DWP get a copy. Even my pathways advisor commented on Atos, it seems theyre getting more and more talked about now.

Edited June 14, 2010 by twinkletoes66

[twinkletoes66]

Ive a feeling Im being lied to the more I think about it the weirder it sounds.

I told the lady who rang me today about the letter from the deductions team, and I said someone somewhere has made the decision and nobody will tell me whats going on. She said the decision maker hadnt made a decision, then seconds later said the “doctors have failed you”

If thats true then how did the deductions team find out about it to send me that letter? The doctors wouldnt send the information of their decision to the deductions team and nobody else!

I think its a cover up, they cocked up, that letter from the deductions team got to me before the decision has, nobody would tell me anything when I rang and they only rang me with an apology cos Ive been digging. Would I be doing the right thing ringing tomorrow and asking for what was said to be sent in writing?

[twinkletoes66]

I got my report and the DM letter. For epilepsy, psoriatic arthritis, genital psoriasis, depression, hypothyroidism I got 0 points.

 

This is part of what was written-

"her current situation as described is unlikely to be tolerated. anyone having frequent fits associated with double incontinence would be expected to seek further medical involvement."

 

Also she goes on to say that my medication is mild to moderate, and Im not seeing the Rhuematologist till October which does not suggest intensive treatment.

 

looks like Im snookered, I dont stand a chance, because Im not at the doctors constantly or seeing specialists Im fit enpough to work.

So it looks like Im another thats getting shoved onto Jobseekers

[patrickq1]

I hope you have sent your SAR of and also you need confirmation that this is a medicaly qualified doctor ....

also see this and begin your complaint on a higher level

The Equalities and Human Rights Commission (EHRC) has begun an investigation into whether public bodies are fulfilling their legal obligations to prevent disabled people from being harassed. If you think the DWP are failing in this duty – and actually making things much worse - email EHRC and tell them so, your details will not be made public. Email:

[email protected]