esa medicals

[hedid2003]

could someone help

[hedid2003]

hi

after reading some of the other nightmare medicals other people have had for esa.should i just send appeal form now instead of going for my medical tomorrow

or if i do go to medical i could get medical assessor to sign my appeal form.

any advice.

[antone]

Absolutely 100% go to the medical. Do not fail to attend and then appeal.

 

If you turn up and are found fit for work you can appeal the decision and you will continue to receive benefit until the tribunal hears your appeal.

 

If you don't turn up your benefit will stop. Although you can appeal an adverse "failed to attend" decision, you won't be paid ESA while you are waiting for the tribunal. The character of the appeal would be entirely different, too: you'd have to explain why you didn't attend. The subject of your fitness to work wouldn't even enter into it.

 

And, while you might wish to give some thought to what you would say in your appeal form and what documents you might send to support the appeal, don't send an appeal form yet. The JCP appeals section will not accept an appeal against a decision that hasn't yet been made.

[maroondevo52]

Hi,

 

I've moved this thread to the approprate Forum, could you please post up your question.

 

Regards.

 

Scott.

[hedid2003]

Absolutely 100% go to the medical. Do not fail to attend and then appeal.

 

If you turn up and are found fit for work you can appeal the decision and you will continue to receive benefit until the tribunal hears your appeal.

 

If you don't turn up your benefit will stop. Although you can appeal an adverse "failed to attend" decision, you won't be paid ESA while you are waiting for the tribunal. The character of the appeal would be entirely different, too: you'd have to explain why you didn't attend. The subject of your fitness to work wouldn't even enter into it.

 

And, while you might wish to give some thought to what you would say in your appeal form and what documents you might send to support the appeal, don't send an appeal form yet. The JCP appeals section will not accept an appeal against a decision that hasn't yet been made.

Thank you

im due to go back into hospital sometime this year i hope,for my ninth operation.where do i stand on them making a decision on my capability to work,as i have no definite date for my op.

[maroondevo52]

Two threads merged, hedid2003.

 

Please continue to post here regarding this issue.

 

Many thanks.

 

Scott.

[callumsgran]

If you turn up and are found fit for work you can appeal the decision and you will continue to receive benefit until the tribunal hears your appeal.

 

Antone, my hubby's uncle is appealing his ESA medical where he was told he was fit to work but he's not getting any benefit, and his tribunal isnt until November!

[antone]

 

Antone, my hubby's uncle is appealing his ESA medical where he was told he was fit to work but he's not getting any benefit, and his tribunal isnt until November!

 

Why not? I mean, if he's on ESA (as opposed to IB) and he showed up for the medical then the rules are quite clear - he should be paid if he's submitted a valid appeal. Is there some other reason why he isn't getting paid? Has he only recently submitted an appeal?

[hedid2003]

how does he live with no money coming in

[antone]

Thank you

im due to go back into hospital sometime this year i hope,for my ninth operation.where do i stand on them making a decision on my capability to work,as i have no definite date for my op.

 

The decision on your capability for work should be made within a few weeks of the medical. Being in hospital won't normally affect your benefits unless it's a really long stay, though if you get any premiums they might be affected. It's been a few months since I left the DWP, so I can't recall all the details.

 

If you need medical evidence for the time you are in hospital, ask them to sign form Med 10 and give it to you.

[callumsgran]

how does he live with no money coming in

His wife is on Incapacity Benefit and so is his son things are tight but they are managing.

He was made redundant from his job last september(but to be honest he should've been on the sick then but because his job wasnt too hard and his workmates helped him out he'd carried on working longer than he should)

His doctor has signed him off work (which DWP seem to be ignoring) and he is undergoing tests at various hospitals and is really not well, he's 58 and probably wont work again and at this rate wont live to retire anyway

Sorry for hijacking, rant over

[hedid2003]

i do get premiums and dla.and worried that while im in hospital having no money coming in plus i dont know how long i will be in hosp,the last op i had was dec09

which was supposed to be approx two wks,because of complications i had another op 8 days later after my first op.so i had 2 ops in dec 09.where it ended up me spending 5wks in hosp.

[antone]

i do get premiums and dla.and worried that while im in hospital having no money coming in plus i dont know how long i will be in hosp,the last op i had was dec09

which was supposed to be approx two wks,because of complications i had another op 8 days later after my first op.so i had 2 ops in dec 09.where it ended up me spending 5wks in hosp.

 

Well, I understand that DLA is withdrawn after 4 weeks in hospital. I believe that the underlying entitlement isn't affected, but I never processed DLA so I'm not sure. For ESA, the Severe Disability Premium would be withdrawn when DLA stops (also, the Carer Premium would be withdrawn after 12 weeks if you're getting Carer's Allowance) but your basic entitlement to ESA won't stop.

[hedid2003]

Thanks

why is anything to do with benefits so complicated.This is my first experience being out of work and claiming benefits,to my knowledge all the conversations i have had with dwp i dont think even they know whats going on.i never thought becoming ill was so complex.

[antone]

Thanks

why is anything to do with benefits so complicated.This is my first experience being out of work and claiming benefits,to my knowledge all the conversations i have had with dwp i dont think even they know whats going on.i never thought becoming ill was so complex.

 

It's not that no-one at the DWP knows what's going on, exactly, though that certainly happens. There are problems with internal communications between sections, and this can mean that the people you speak to aren't aware of all the relevant information. First line telephony staff receive very little training, which causes problems too. It's not the fault of those staff, but they're under huge pressure to rattle through 60-odd calls each day, and it's hardly surprising that such a set up results in mistakes being made and incorrect information given to customers.

 

The complexity is arguably unnecessary, and every incoming government promises to simplify the system. They soon find that's easier said than done. There's great political pressure from all sides on this issue: from claimants/customers who feel the government and DWP are trying to deny them legitimate entitlements; all the way through to readers of the Daily Mail who would happily see everyone who claims a benefit thrown in a workhouse and fed water and gruel. Throw in some complaints about "asylum seekers" and you've got a serious political hot potato.

 

These are just personal views based on about 2 years experience as an ESA processor.

[hedid2003]

point taken

i know no ones to blame i just wish that they could look at people who are genuinely ill and realise we got a lot going on with health, hosp appts,doctors nurses,etc etc without being bombarded with such complicated paperwork.sorry for the rant.

[antone]

point taken

i know no ones to blame i just wish that they could look at people who are genuinely ill and realise we got a lot going on with health, hosp appts,doctors nurses,etc etc without being bombarded with such complicated paperwork.sorry for the rant.

 

No need to be sorry. There's no doubt in my mind that the system is too complex. Certainly there is a need to protect taxpayers' money from those who would game the system, but my own feeling is that we should not be starting from the assumption that everyone who claims a benefit is doing that.

 

The government will assure you that they don't make that assumption, and maybe they don't, exactly. But I am as certain as I can be that the complexity, paperwork and so on is designed to passively discourage benefit claims.

[hedid2003]

Possible solution to the esa problem.We both know that there are genuine claims and fraudulent claims.Instead of giving both fraudulent and genuine claims chances to fill in forms,medicals,appeals etc etc.Just ask claimants GP or consultant.save a lot of time and money oh and worry.My consultant would be more than happy to discuss if im fit to work or not.

[MIKEY DABODEE]

His wife is on Incapacity Benefit and so is his son things are tight but they are managing.

He was made redundant from his job last september(but to be honest he should've been on the sick then but because his job wasnt too hard and his workmates helped him out he'd carried on working longer than he should)

His doctor has signed him off work (which DWP seem to be ignoring) and he is undergoing tests at various hospitals and is really not well, he's 58 and probably wont work again and at this rate wont live to retire anyway

Sorry for hijacking, rant over

 

Have they tried to claim Income Support, the grounds are his wifes IB.

They probably will qualify, unless their capital is over 16k.

[antone]

Possible solution to the esa problem.We both know that there are genuine claims and fraudulent claims.Instead of giving both fraudulent and genuine claims chances to fill in forms,medicals,appeals etc etc.Just ask claimants GP or consultant.save a lot of time and money oh and worry.My consultant would be more than happy to discuss if im fit to work or not.

 

While ostensibly reasonable, there is a problem with that approach. There are a great number of people who exert pressure on their GPs to write certificates, turning up at the surgery every week and demanding one even though the GP him/herself doesn't actually believe there's much wrong. I've personally spoken to GPs who've called after being told by a customer that they're "legally obliged" to write a cert.

 

In the end, some GPs just want to get the person out of the surgery so they can deal with the genuinely sick people in the waiting room, so they sign a Med 3 for a few weeks. Next month: lather, rinse, repeat.

 

In the case of consultants/specialists and so on, I'd be more inclined to accept the idea. GPs don't refer people to consultants unless there is a real problem.

 

I realise all of this makes me sound cynical - I think people here on this forum can confirm that I'm not. But I do support having procedures in place to ensure that people who get ESA really need it, and I tend to find that genuine claimants (the vast majority, in my experience) agree with me.

[RaeUK]

Not wishing to open a debate that moves away from the OP, I'm not convinced at all about the biased GP theory. I agree there may be a very small percentage of GPs incorrectly issuing medical certificates but if they were dealt with fully and swiftly - ie sacked - then there would be no problem. Certainly, speaking for my local surgery, you will not get a medical certificate unless you actually warrant one.

To be fair, many GPs are absolutely fed up with being treated like idiots by the DWP. In my view, I would much rather trust the word of a REAL medical professional - who has clinically observed me over a number of years - than the view of a 'healthcare professional' who meets me for 20 to 40 minutes and - no offence to the DM - a glorified clerk with little medical understanding.

I honestly do not believe there is a single reason for ATOSH to be involved in assessing people for ESA, DLA or any other sickness related benefit.

Just my view like ...

Best wishes

Rae

[antone]

Not wishing to open a debate that moves away from the OP, I'm not convinced at all about the biased GP theory. I agree there may be a very small percentage of GPs incorrectly issuing medical certificates but if they were dealt with fully and swiftly - ie sacked - then there would be no problem. Certainly, speaking for my local surgery, you will not get a medical certificate unless you actually warrant one.

To be fair, many GPs are absolutely fed up with being treated like idiots by the DWP. In my view, I would much rather trust the word of a REAL medical professional - who has clinically observed me over a number of years - than the view of a 'healthcare professional' who meets me for 20 to 40 minutes and - no offence to the DM - a glorified clerk with little medical understanding.

I honestly do not believe there is a single reason for ATOSH to be involved in assessing people for ESA, DLA or any other sickness related benefit.

Just my view like ...

Best wishes

Rae

 

Yeah. I'm not really pushing this as my personal opinion, but it's certainly part of the reason why ESA is not awarded solely on the word of a GP. And in terms of assessing your condition well, yes, of course your GP and specialists would know better than an ATOS staffer and a DM. I have, though, as I said, had conversations with GPs who are fed up issuing certs but feel they have to because the patient is claiming a benefit.

 

But of course, it doesn't make sense to look at it this way. The system is designed, for political reasons, to make it difficult to claim, and any analysis of how the system works has to be seen in these terms. It would certainly make it easier to get benefit, and likely more just as well, if the word of GPs and specialists was accepted. Unfortunately, the purpose of the system is not to make things easy.

 

In some ways, that's why I get a bit upset when people rant about DWP staff. Politicians are the ones who define this stuff, who have set up this complex system and then, in typical cowardly fashion, refused to take responsibility for its failure, or simply pretended the failure never happened. And there, at the front line, are AOs on £16000 a year who get to take the blame.

[RaeUK]

Bless you, Antone, for being so calm, considered and civilised in the face of my pet peeve!

GP's who feel 'obliged' to write [un]fit notes for those who don't warrant them really need to reconsider their means of earning a living. At the very least they're aiding and abetting benefit fraud. Trusting GP's and weeding out the corrupt ones would be far more cost effective than employing a third party private company to duplicate work already provided for by the NHS.

But, as you rightly say, that's politics...

Best wishes

Rae

Edited July 26, 2010 by RaeUK
I dream of £16000 a year! ;) lol

[hedid2003]

Ive had my medical just over two weeks ago ans just received a pathway to work interview for next week.Does this mean im no longer in support group and they think im ready for work?

[Rover87]

Hi,

 

This is my first post on the forums!

 

If you have an appointment for Pathways that would suggest you are no longer in the Support Group but have been moved into the Work Related Activity Group as a result of your WCA. This means there are a few basic changes to your benefit. Firstly the DWP still recognize that you have a health condition (or LCW) but feel that you should be able to take steps to seek a way back into work or training. That doesn't mean that you will be thrown into the first job that comes along, it just means you will be required to attend a series of mandatory interviews to see how you can be helped into work in the future. Secondly, and more importantly, being in the WRAG means a reduction in your benefit. I believe the standard rate for a single person no savings etc is 91.40. You should receive a letter sooner rather than later explaining all this though. If you'd rather not wait then I'd suggest you ring up as they will most likely have the info on screen.