esa help plz! ****************WON****** *************

[tkdbabe]

new member so plz excuse if i dont get this right first time.

been claiming esa for 12 months. had first medical in may 2010, got passed for esa and placed in wrag.

had second medical on 22/12/10 and got the letter yesterday saying i had scored 0 points! dont understand this as my condition (i have suffered from chronic depression for 4 years, seen counsellers - no improvement, on highest dosage medication doctor can put me on, and suffer from back pain) has not got better, infact am now on stronger painkillers for my back than before!

cant leave the house alone and even had to have my mum with me at all wrag interviews at job centre and she accompanied me to both medicals.

been so upset that i couldnt stop crying at first and now feel like i should just stop taking my tablets altogether as whats the point if theres "nothing wrong" with me like they say........

 

any advice would be gratefully received

thanks

[doktorjohn]

Welcome tkdbabe

 

Your next step is to appeal.

 

Ring your jobcentreplus and ask for a GL24 which is a booklet about not agreeing with their decision (or you can download the form, I'll find a link for you if you wish).

 

Read the "sticky" thread at the top of the page about this.

 

You should win your appeal but it takes ages.

 

Good Luck.

 

- dj

[tkdbabe]

thanks dj, will do.

can i ask for report atos did and the one done in may and compare?

[honeybee13]

Hello there, welcome to the forum. You should be able to ask the DWP for a copy of the computerised assessment. This is the basis for your appeal because there's every chance you'll disagree with a lot of what they've said about you.

 

I think doktorjohn may mean my sticky, in the yellow section of this forum's title page. I won my appeal by discrediting what Atos said about me when I saw them.

 

My best, HB

[tkdbabe]

thanks hb, just read your thread and its good to know im not alone, despite what it feels like.

bit confused though.... do i include all the information why the report was wrong on the gl24 or not?

[honeybee13]

No, I don't think you put much detail on the GL24. Leemack or someone else would know the answer, but it was on a thread recently. I f I find it, I'll post a link.

 

My best, HB

[tkdbabe]

thanks

[christospalmer]

An appeal against the decision should work, however, before filling in any forms from ATOS/DWP, consult a charity concerning your illness. And to anyone going for a medical, please take someone with you.

 

You need to score at least 15 points to claim ESA.

[leemack]

Hello. No, when you complete the GL24, you just need to put that you disagree with the decision, and feel you should have scored more than 15 points. Request that a copy of the full medical report is sent to you. Then try to find a benefits caseworker that can help you, either at CAB or local welfare rights organisation. They will help you to go through the report and detail what's wrong, and help you make a case for the points you should have scored. And as has been said read honeybee's sticky. If you get an adviser they will help you with everything anyway, and may be able to go to the appeal with you.

[tkdbabe]

thanks for all the advice.

went to my doctors this morning and she had no hestitation in providing another sick note, even going so far as to suggest one before i asked for one, once i told her what had happened and she said to appeal aswell. have requested copies of reports and my mum is trying to contact Mind to see if they can help.

will keep you updated. thanks again, it does help to know im not alone in this

[tkdbabe]

got my reports today, the one done in dec (which gave me 0 points) is littered with inaccuracies, assumptions and outright lies! even down to ending time of medical and the fact she didnt finish report for 2 hours! (query could she be mixing my case up with whomever she saw after me?). she also breaches confidentiality by reporting in it details of childhood abuse even though i asked her not to put it in. can i complain about this too?

[satire]

got my reports today, the one done in dec (which gave me 0 points) is littered with inaccuracies, assumptions and outright lies! even down to ending time of medical and the fact she didnt finish report for 2 hours! (query could she be mixing my case up with whomever she saw after me?). she also breaches confidentiality by reporting in it details of childhood abuse even though i asked her not to put it in. can i complain about this too?

 

You could do, though I don't think that it will change anything. ATOS do whatever ATOS want to do. If they come unstuck their initial answer is generally a denial of everything and anything, but putting over that they feel so sorry for your feelings - BUT!!!!

 

On my medical report they reported to the DWP that 'Claimant is very obnoxious, sarcastic and complained about the assessment..........he asked if I had contacted his consultants..........Claimant is very unco-operative and makes the assessment difficult. He purposely took additional medication throughout the assessment.'

 

When I complained they suggested that this was a matter of opinion reached quite rightly by the assessor and was the reason why he felt that I may have been exagerating my illness. Additionally, the assessor also reported verbally that he felt very unsafe with me.

 

I was racked with pain and besides which, what do they think an OAP was going to do to him!!

 

No ATOS are never wrong!!

[tkdbabe]

just to update you all, have got the date for my appeal to the tribunal, 14/09/11.the wefare rights officer who is helping me with my case thinks i'll have no probs especially seeing as they passed me 1st time, (when medical was done by a doctor, instead of the nurse i had this time round) and with letters etc from my counsellors about my condition thanks to everyone on your website, it is a great source of comfort especially by reminding you that you are not going through this alone.

[doktorjohn]

Thanks for the update. Good luck.

 

It is comforting to have the support given on this site.

 

Don't be surprised if they change the date, they did with me, it took another few months after the original date.

 

- dj

[tkdbabe]

hi all! had my tribunal yesterday... went in and they asked if i agreed with day history according to atos, said no it was all lies except for 1 thing, that i have a toilet upstairs. everthing else was wrong. they then asked me what i do on an average day. told them with difficulty (broke down during telling them because i suffer from depression and anxiety, and whole thing was extremely stressful). the doctor on the panel then handed a piece of paper to the judge and he asked us to wait outside the room for a bit. (i had welfare rep., my mum and 18 yr old daughter with me). we waited for approx 20 mins then got called back in. we didnt even have a chance to sit down again when the judge said he'd seen enough to grant the appeal! and ive been placed in the wrag. 9 months of of being believed are over. my wefare rep never even got a chance to speak!thanks to everyone for their help and to all those going through appeals or considering starting one - stick with it! i know its hell to not be belived that theres anything wrong with you, and the anguish these appeals cause is immense but its worth it in the end and the relief is enormous. i even asked my mum if i was dreaming!thanks again

[honeybee13]

Brilliant news. Well done you for going through with it and holding together.

 

HB x

[tkdbabe]

thanks hb. you and the others on this site who give of your time and energy to help ppl like me are angels!

[rebel11]

Well Done TK and Caggers:wink:

[doktorjohn]

Great news. (I know the feeling:whoo:).

 

So glad for you.

 

- dj

[Nystagmite]

Well done!

[honeybee13]

thanks hb. you and the others on this site who give of your time and energy to help ppl like me are angels!

 

I was going to post an angel smiley, but I can't find it. Have a cheerleader instead.

 

Did you use the sticky template letter, or did your welfare rights person do the writing?

 

HB x

[sparky514]

Well done, great news