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As I understand it, if you are found fit for work and you disagree, then under the new system you ask for a reconsideration, during the reconsideration time they don't pay benefits, and there is no time limit (as I understand it) for the reconsideration period, however, when they have looked at it again, if they don't change their minds then they let you know and you as the claimant then can send it to the Tribunals Service directly, at which point you then do get the basic rate benefit up until the hearing.

 

The only thing which concerns me is that there is no time limit for them to do this reconsideration in.....and while its happening there is no benefit paid, re the HB and Council Tax, I understand that these offices can be made aware of the situation that you are not earning and I am sure I have read that they can be sent proof of your situation and then these benefits can be kept.

 

IMHO the govt has done this reconsideration period without benefit to banjax appeals, and make it as hard as possible, there always has to be an appeal route, as mistakes are made etc, but this govt wants it to be as hard as it can be to overturn their corrupt and unfair decisions.

 

Its a known fact that a high number of tribunals are won by claimants, so they want to put us off tackling them, what better way than to put this obstacle on our route. I think we will be hearing much in the press and news about genuinely ill or disabled being left with no money, and surely something will have to be done about this.

 

another issue do the DPW wait for the tribunal service to confirm they recieved appeal? if yes then thats another delay.

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I am claiming ESA (WRAG) group for depression anxiety and high blood pressure

Due my ESA medical next week.

 

I have just been diagnosed with osteoarthritis (still trying to get my head around this).

It is in my hands and knees but it is my spine that seems to be affected the most I can not put any pressure on it, like mopping, hoovering, bending and standing upright for long periods of time.

I am on medication but there is not a lot they can treat it with really, injections and pain killers so I have been informed.

 

At 56 so all I can hope for is a slow progress of the damn thing which is not looking good at the moment.

Do I need to fill out a new ESA form or tell whoever I see at my medical.

 

 

 

Life just gets better and better.

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yes I would send a letter (copy) and take one also to the medical in case they don't have it, copies kept for you of course. Just trying to cover all angles I can think of, and what I would do in your situation.

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As everyone has said, send in your new information to your DWP BDC and take a copy with you just to be safe. There is always a possibility that it will effect the outcome of your WCA and, as mentioned, it allows any Tribunal to consider the new diagnosis.

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Actually having a diagnosis doesn't really change anything, if you have already explained on your questionnaire (ESA50) that you have those problems - it is the functional problems they are interested in (as long as they are verified by your health practitioner), rather than a technical diagnosis. By all means take the proof of your diagnosis to your medical, but unless you didn't mention anything about the problems in the ESA50, it isn't really a change of circumstances since you first claimed. It is a shame you don't have someone to go with you (that is always best) but just be careful to explain how difficult certain tasks are, how long they take you, and what the after-effects might be. The assessment will score you points against a list of 'descriptors' so some of the problems you mention won't count - you can only get a point for something on the list. If you want a guide to the assessment have a look at page 17 onwards in the Guide to the Work Capability Assessment, which you can find on the DWP website if you search under WCA (ESA214). You will have a right of appeal if you are not happy with the decision, but it is always best to try and get the award in the first place, so this stage is important.

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I'd have to slightly disagree with you, kulie, having a diagnosis at this stage is quite helpful and this is definitely something a DM would want to know about. As you say at the end of your post '... it is always best to try and get the award in the first place' and, ergo, any additional supporting evidence needs to be sent off.

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I understand where you are coming from with your statement - the diagnosis is helpful, I don't disagree with that. But what I said was 'it doesn't really change anything' and all the guidance I've come across suggests that you don't actually need a diagnosis as long as it is medically accepted that you have the problems. Sometimes people take years to get a confirmed diagnosis, but it doesn't stop them getting benefit awards. The medical evidence that Lilly might now take to her assessment will certainly add power to statements that I hope she has already made.

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I've always said you need your health practitioner to confirm that you have the problems - they won't just take your word for it. That is not the same as a diagnosis. I agree a diagnosis can be helpful.

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I did not have the results for the osteo when I filled out my ESA50 so I could not mention it.

I now have the blood test results and the x-rays.

Size of my fingers is a 'clue' to not all is well - they look like fat clumsy sausages.

Not made for delicate work any more that's for sure.

Cried the other night as my hobby is craft work.

Being in the WRAG group will be interesting.

 

All I can do is see what happens

 

If I fail I fail, I know the procedure.

Don't get me wrong I would rather not, as it is a uphill struggle, especially on your own - but I am not going to beat myself up.

Cannot afford to health wise.

Thanks everyone will post after medical.

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  • 1 month later...

I missed a call from ATOS yesterday about my medical.

They said the result is in the post - but I have a GP appointment tomorrow, as I expect to have failed is there a tel number so I can ring and ask.

 

I will need to start with the sick notes again so it would be good to chat with my GP tomorrow about this.

 

Thanks

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:Lilly_Monroe:

 

You sure the call was from Atos? First time for most things but I've never known Atos to phone a claimant with the 'result' of an assessment for a benefit claim.

 

More likely to have been a call from a Jobcentreplus decision maker. Try the phone number on the last letter you had from them. It'll get you through to a call handler who should be able to see the decision on his/her screen.

 

Or, if you've had problems getting the ESA85 report of the assessment (from Jobcentreplus, they aren't available from Atos) it may've been someone telling you it'd been sent.

 

:panda:Margaret.

Edited by **Margaret**
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That's good news Lily, well done.

 

Thank You..

I was really shocked.

I have been left in the WRAG group but that is OK.

I do not have the strength to appeal at the moment.

I cannot see my illnesses getting better one is progressive, so time will tell on how I fair with it all.

 

I sent my DLA form off today again wait and see.

 

It just goes to show you really cannot tell at the time of your medical how you have faired, because I really expected the worse.

I did speak to ATOS yesterday who told me my medical results had been sent through to the DWP the day after my medical, they then transferred my call through to the right department for me.

Were a very kind lady sorted out my results and relayed them back to me.

 

The stress of waiting is unbelievable isn't it.

 

I am really over the moon because I have done all this on my own, read all the help and support on here - filled out all my own forms and attended every interview whatever the mental and physical cost of it all (not to mention cost).

 

In a way this result has given me back a little more belief in myself, as at least the ATOS doctor could see I am not one of those scroungers, the papers keep calling us all.

Thanks for all the help folks that gets posted on here it is good to know where to turn.

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