Rae's ESA...

[pompeyfaith]

Good Luck Kelcou but rub some this way as i have my atos medical in less than 12 hours ;-)

[RaeUK]

Best of luck PF! From what I've read I'd be shocked if you don't pass with flying colours. But you know ATOS, always happy to shock!

Best wishes

Rae.

[Like-Im-Being-Ripped-Off]

Good Luck Kelcou but rub some this way as i have my atos medical in less than 12 hours ;-)

 

 

Good luck PF.

Let us know how it went, was it a ESA form you filled in or the old IB one.

 

LIBRO

[honeybee13]

Fingers crossed for you PF, hope they see sense. Please tell us later how it went.

 

HB x

[pompeyfaith]

it is I.B i am on this medical is for DLA

[ee-bee]

best of luck to you pf,fingers crossed

[Like-Im-Being-Ripped-Off]

it is I.B i am on this medical is for DLA

 

Ok PF. GL....

[pompeyfaith]

thank you all ill be back after 1pm to let you know how it went

[john 333]

sorry to hear about your news rae, just keep at em! best of luck for your case review, it worked for us!

john333

[ee-bee]

well i`v emailed my mp again,will let you know if i get a reply,

[pompeyfaith]

well the doctor has just left she seemed ok clearly she could see the limited mobility down my right side but i did notice none of the mental questions related to my condition and i had to put her right a few times on a side note she was smitten with my border collie lol anyway just wait for that dwp letter now

[ee-bee]

i wish you good luck

[ee-bee]

well i received a letter from my mp today,what a complete waste of time!!!!!!!! he definately wont be getting my vote!!!!!!!!!!!

[cbbc]

Hi, My M.P always answers and tries to help by writing to JCP but there is not much he can do when the DWP and the JCP are so pig headed. Have they ever been made to change a decision without going to tribunal?

[RaeUK]

Aw, sorry to hear that ee-bee. But, as you rightly say, if they can't be bothered to help their constituents...

 

cbbc, I've always found the DWP helpfull. [Apart, of course from not scoring me high enough!]. I'm hopefull that the decision will be reversed despite failing my alleal tribunal...

 

Best wishes

Rae.

[RaeUK]

Hi,

I'm a little curious.

I don't know if anyone has an understanding as to who can qualify to be a 'medical expert' at a Tribunal.

As you may know, I failed my appeal as the 'medical expert' had no real understanding of COPD and certainly none when it has reached the level of severe.

Out of interest, I looked this good Doctor up on the GMC register. Only to find that he is not registered having relinquished his registration and can, therefore, not practice in the UK.

Some 'expert'. Or am I asking too much to have my case heard by a practicing professional with full up to date knowledge?

Just wondering...

 

Best wishes

Rae.

[rightsforme]

Hi,

I'm a little curious.

I don't know if anyone has an understanding as to who can qualify to be a 'medical expert' at a Tribunal.

As you may know, I failed my appeal as the 'medical expert' had no real understanding of COPD and certainly none when it has reached the level of severe.

Out of interest, I looked this good Doctor up on the GMC register. Only to find that he is not registered having relinquished his registration and can, therefore, not practice in the UK.

Some 'expert'. Or am I asking too much to have my case heard by a practicing professional with full up to date knowledge?

Just wondering...

 

Best wishes

Rae.

Hi Rae

I would have thought that may well be grounds for further appeal on legal grounds. May well be worth getting some legal advice on it as I cannot see how his opinion could possibly be legally valid under UK law.

[RaeUK]

I don't know to be honest, rightsforme. However, I'll be contacting the tribunal service on monday for a statement of reasons. Another member here has kindly volunteered to scrutinise it for me with regard to a point of law.

Personally - as I'm not legally minded these days - I'm much more interested to see what the statement of reasons will say. The chairman had to rely almost exclusively on the 'medical experts' advice. Given that he contradicted himself throughout, he cost me a guaranteed six points. At one stage he was agreeing that my lungs are in a shocking state given the evidence and then couldn't figure out how that could possibly affect the rest of the body. To misqoute our friends across the water: it's the oxygen, stupid!

I certainly feel that a serious complaint needs to be lodged once I find out who I should be lodging it with. If the tribunal are going to rely on a 'medical expert' than said expert should be an expert on the appropriate disability / illness / disease. I'd have thought...

Best wishes

Rae

[RaeUK]

Just a note for others who have tribunals yet to come. Whilst I blame the 'medical expert' for losing me the tribunal I will also state that I was a fool.

I believed that a medical expert at a tribunal would be a medical expert with at least a sound working knowledge of my illness. I was completely wrong.

He couldn't accept my assertion that Severe COPD results in muscular weakness - including muscle atrophication - because there was nothing in my medical evidence to support this.

Unfortunately, both my GP and myself thought this was plain common sense. When lung efficiency drops below 50% they have to work ten times harder just to stay still. Energy / oxygen is denied to the primary muscle groups by this process leading to severe problems with mobility and standing. It's the latter he couldn't understand.

The silly part is that I have so much information on this subject. Including reports by the para-olympics medical advisors who are - not surprisingly - experts in the field of lung efficiency. Had I taken all I had it could have been a different result and a 'medical expert' taught some important medical things.

The lesson, dear tribunal awaitees, is that you can't take too much medical evidence. Use a wheelbarrow if need be...

Best wishes

Rae.

Edited April 17, 2010 by RaeUK

[cbbc]

Hi Rae,

If you dont get the right result at your tribunal do you appeal again and if you can appeal again do you carry on receiving ESA at the lower rate or do you have to claim JSA.

I have my tribunal soon and am just worried what will happen if I fail.

My tribunal is in May. I have osteoarthritis and I am due to have an op on my knee in June, the op may not work, the first one didn't. What will the tribunal do about some one in the middle of treatment?

No one will know the outcome of surgery at my tribunal as I wont have had it yet. Then I have to recover from surgery so couldnt sign on for JSA.

I suppose I will have to start the whole process off again. I dont know if I'm up to this, especially with the new work focus test being so much harder.

[marie72]

I wish you all the very best with this Rae. I recently had my medical assesment for ESA. I have Bi-polar and was working as a care assistant until February of this year, when I had probably the worst manic phase I've ever experienced - it lead to me loosing my job. The 'health proffessional' that did my medical assesment, didn't seem to have a clue about my condition either. I read somewhere, can't remember for the life of me where now, that a midwife qualifies under the name of 'health proffesionals and have been used to carry out ESA medicals.

[ee-bee]

hi rae,have you heard anything back from dwp yet,

[RaeUK]

Hi cbbc, Don't let the tribunal worry you. Have a good chat with your GP and any other healthcare professional you may interact with. Get good first hand evidence from them. Then trawl the net and read up on your condition - I'm sure you'll find a lot of expert reports you can relate to, print them and take them as backup [that's the bit I should have done!]. They'll only be interested in your condition as it was at the time you were initially notified you did not qualify for ESA. If you fail at the tribunal you can only appeal to the Upper Tribunal on a point of law or procedure. I will look at that and / or making a formal complaint as the 'experts' incompetence has cost me an extra 6 points and 17 months of back dated premiums. In the mean time I technically don't qualify for any benefit and have to reapply for ESA once more. JSA is completely out of the question. It is highly likely I'll never be able to work again in the conventional sense.

 

Hi marie72. ATOS are atrocious. Hope you appeal and, in the meantime, continue with the lower rate ESA.

 

Hi ee-bee, not heard back yet from the DWP regarding the letter my MP sent to the Chief Executive. However, I was seeing my Pathways Advisor a few days ago - she was horrified when I told her what had happened - and she said you can't believe how much sh** hits the fan when an MPs letter is received...

In the meantime I have to reapply for ESA and hope it comes through quickly. My finances, obviously, are dire!

 

Best wishes to you all.

Rae.

[ErikaPNP]

Hi Rae,

 

The relevant legislation - The Social Security and Child Support Decision and Appeal Regulations 1999 - state that for a DLA Appeal, the panel must consist of a legally qualified panel member, a medically qualified panel member and a panel member with a disability qualification. Schedule 3 sets out that they must fall within one of three categories (a, b or c), and appears to confirm that being on a register (a) is not a requirement if they fall within b or c.

 

Medical Qualifications

2. Fully registered medical practitioners, where -

 

 

 

• (a) the practitioner's name appears on a medical specialist register maintained in any EEA State in accordance with the Medical Directive; or
   
  (b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or
   
  © the practitioner does not satisfy the requirements of sub-paragraphs (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.
  

3. In paragraph 2 above and in this paragraph -

 

 

 

• "EEA Agreement" means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
  

 

 

• "EEA State" means a state which is a contracting party to the EEA Agreement;
  

 

 

• "Medical Directive" means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications, as amended by Council Directive 97/50/EC of 6th October 1997;
  

 

 

• "Vocational training certificate" means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.
  

 

 

[RaeUK]

Thanks for that Erika. I half-suspected that not being GMC registered might be a red herring. That said, I'll enquire with the Tribunal Service and see if they can give me more information regarding his medical background. I suspect he's a very much retired GP...

Best wishes

Rae.