Appealing ESA Decision

[caledfwlch]

Hello!

 

I am getting ahead of myself a bit, but a relative will be going for a Medical with ATOS very soon, I just wanted to find out - if she is declined, will they continue to pay whilst waiting for the appeal to be heard?

 

She is not confident, because her original application before having a medical was declined

 

she had a massive heart attack, of the sort known as a "widowmaker" and the DWP said she was fit to work the next day when she was still in A&E! And was in Hospital for the next 4 or 5 weeks.

 

Forewarned is forearmed, and I am trying to gather as much info as I can in advance - and rest assured, if the medical is performed by an actual Doctor or Nurse, and not a Occupational Therapist/Monkey trained to tick boxes, and she is declined with the usual situation of the medical not even mentioning her conditions, all hell will be raised with the GMC, or the nurses equivalent.

 

Do the exams usually involve a physical exam? She is terrified of being expected to go on a running machine, for example, because in her current condition, the obvious heart problems, seriously high blood pressure, difficulty walking, that would pretty much kill her.

 

Also, if there is no physical exam, or stripping of clothes, then it looks like I will have the honour of accompanying her, and if so will certainly be recording the proceedings from a dictaphone or similar in my pocket, which I believe is perfectly legal 8)

 

The last few years of occasions where I have had to go on JSA, of dealing with debt problems, councils and so on, what they have taught me, is these companies and people only get away with it because people (just like my relative, though I am doing my best to disabuse her of it) think that "they" will "always get away with it" and there is "nothing we can do about it".

[honeybee13]

Hello there. I think you're right to prepare for this. I'd be surprised if they put your friend through a test like that, but my Atos assessment was for mental problems, so I don't know.

 

Leemack did a good sticky about what to expect and how to deal with the questions, you might have a read of that.

 

I believe ESA continues, at the assessment rate of around £65pw, while the appeal process goes through.

 

My best, HB

[billyt]

Yes while she is waiting for her appeal as long as she sends in medical sick notes and has asked to appeal after being declined she will still get the standard rate of ESA.

 

They will not ask her to go on a running machine because they would be afraid of it killing her and being sued.

They should ask her about her every day life and how her illness effects this and then they will do a brief medical check blood pressure,reflexes and bending and kneeling. 4 weeks later she will get a letter saying she has failed and to go onto job seekers or if she is one of the lucky ones she will get enough points and go into one of the groups.

 

It would be better if you do go with her and also go into the room with her as a witness if you record the medical without informing them you can not use it against them in the future.

[honeybee13]

Hello again. Recording of medicals has been discussed before. I would want to record it myself, in order to remember the details afterwards.

 

There's a thread on the NHS forum about recording consultations, started by nolegion. It's quite long, but there are some pointers in it.

 

My best, HB

[honeybee13]

Me again. I just found a thread from this forum which is more specifically about Atos. Could be worth a read, and I think it's shorter than the NHS thread .

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277607-Recording-medicals&highlight=nolegion

 

My best, HB