employment and support allowance and medical assessemnt *UPDATED*

[worried33]

It's been a while since I've seen this thread so I thought I'd give a final update.

 

I was on JSA until the latter past of August when I got a job doing domicillary care work, I explained about my back condition and that I would need further treatment following beneficial effects of the spinal injections. I was given a client load that is more appropriate for my back problems so a lot of my calls are domestic rather than heavy personal care.

 

Now 6 months on i'm enjoying the job and getting on ok with my back and recently had the additional procedures which involved burning away nerve ending in my back with the hope of reducing the pain in time.

 

I was thoroughly demoralised by my time on benefits and would do anything in future not to go back on them if I can help it in any way possible!!

 

Feebee_71

 

yeah I see now you posted in 2012 not in 2013. I am glad your treatment helped and your job works for you.

[Feebee_71]

Thanks worried,

 

Just because I posted last year doesn't make your observation any less valid - in fact, it perhaps endorses your feeling!!

 

Feebee_71

[up2meears]

Well done Lemony on winning your appeal.

 

I am just starting on that road after scoring 0 points for severe depression/anxiety plus bowel problems and just reading your post (albeit the long journey you had to endure) has given me (and I'm sure others in the same position) a little bit of hope.

 

Well done again

 

Up2

[fightingback99]

Well done Lemony , it's good for people deciding whether to appeal or not can read of Support Group being awarded at Tribunal. And also to Feebee , hope the treatment works out in getting pain free and good to hear they gave you an appropriate case load suitable for your condition. 're making allowances

[avalon60]

I started claiming ESA in January 2013 on the advice of a welfare officer who I went to see to ask what money I could get due to my condition. For a long time while I was working, I have been suffering with a degenerative nerve condition in my feet, which due to medication I was on caused my to give up work as I cannot walk very far nor can I stand in one place for any length of time. I completed the ESA claim form and submitted letters from both my doctor and hospital specialist to support my claim and condition. It was only about 3 weeks ago, that I had to go for an ATOS medical. After answering some questions by the male nurse, who was not a specialist nor knew anything about neurology, I was asked to lie on the bed. I lay down, and with the first thing the nurse did to my right leg caused me to jump up in pain, and I had to get off the bed and could only stand with difficulty. Needless to say, the medical did not go any further and I have since recieved a further ESA payment, but have not heard from ATOS yet about my claim. If it is denied I will most certainly appeal. Wish me luck

[lemony17]

Hi up2meears,

 

I've just seen your post. Please don't give up hope, if you are genuine, you will win. I tried to postpone my tribunal because i didn't have supporting evidence, my therapist was on leave and i was scared to ask GP. The panel rejected my request and insisted on seeing me.. One look at me and they knew, they were very gentle and just wanted to ascertain what group i should be in, i was placed in the support group. I went on my own and had no supporting evidence. Maybe i was lucky, but they are a doctor and a judge and they just knew. Tell them exactly how you are, don't be proud..

 

Wishing you the best xx

[lemony17]

Thanks fighting back. My experience with the tribunal was completely unexpected, i expected a grilling but it didn't come They are a doctor and a judge, neither are there to inflict pain, and they didn't.

[dogboneday]

Thanks fighting back. My experience with the tribunal was completely unexpected, i expected a grilling but it didn't come They are a doctor and a judge, neither are there to inflict pain, and they didn't.

 

Tribunals can be a hit or miss affair depending on who is sitting on the panel.

 

I went to one with a friend just as support. Also a rep from a charity that helped fill the form came along. The rep said nothing, my friend tried to explain his problems but got confused. The Chairman asked who filled the form out - my friend said he did to which he was told that it lacked detail.

 

After all being asked to leave the room twice, first time because my friend said he used his dad's Oramorph for the pain to which he was warned that it was a criminal offence and the second time after he felt faint. It was clear from the start that they had decided he had failed just with the questions they were asking and how they were asking them as though they didn't believe a word he had written or was saying.

 

The decision came back as fit for work with a note attached to the Chairman's summary that they believed that the whole claim was a 'sham'. Strange really that after he sent off a new claim a few days later he was eventually found unfit and put in the Support Group!

[lemony17]

I think that i was very fortunate because of who my panel were. I was also an emotional wreck at the time. I hear so much different info about criteria for the support group, a lot of saying that you have to be dying or very severely disabled. I was certain i would not pass, let alone be put in the support group. But i was because the panel were using the descriptors properly. At first i felt guilty because this is how the system makes you feel but now i know i am in the right group. I am not able to look for work and it would cause me serious damage if i was made to. Given the chance to heal, i have hope for the first time in a long time that i can get better and one day work again.

[stevepa]

Quite normal lemony17, most government departments move with the speed of cold treacle through a cows gut. My own medical judgement and consequent appeals procedure took almost 8 months in total - hang in there.

Edited March 31, 2013 by honeybee13

[stevepa]

I was a genuine claimant but I still lost as a result of some very bizarre rules - go figure!

Edited March 31, 2013 by honeybee13

[Nystagmite]

what bizarre rule was that, if you don't mind me asking?

[honeybee13]

Hello Stevepa. I've edited a couple of your posts to make them easier to read. Would you mind posting one font size larger please?

 

My best, HB

[worried33]

Thanks fighting back. My experience with the tribunal was completely unexpected, i expected a grilling but it didn't come They are a doctor and a judge, neither are there to inflict pain, and they didn't.

 

Not my experience of tribunals sadly.

 

I dont know if they make there mind up as soon as enter the room (based on form , appearances and if alone or not). But it seems to me they asked me quetions to get to the decision rather than questions to see if I met the requirements or not. They also ignored evidence without explanation as to why. I also had a telling off from the chairman for turning up, he blatantly said to me the fact I turned up was enough reason to turn me down.

[RaeUK]

My two tribunals were the exact opposite, worried. I guess it might differ from area to area ...

[worried33]

My two tribunals were the exact opposite, worried. I guess it might differ from area to area ...

 

was you alone?

[RaeUK]

The first one I was accompanied by a rep from CAB. He was so appallingly bad I never bothered with them again. The second one I was alone.

[worried33]

The first one I was accompanied by a rep from CAB. He was so appallingly bad I never bothered with them again. The second one I was alone.

 

yeah fair enough.

 

For whatever reason tho my experience was bad in both tribunals I have attended.

 

The first one they werent agressive to me, but they upheld a 0 points PCA. The DLA one a few years back the chair was very agressive towards me and the 3rd person (not sure who she was) was sitting there sniggering.

[RaeUK]

You raise an interesting point, worried. I've never been to a DLA Tribunal but have heard some real horror stories about some of them. By comparison, ESA Tribunals seem nice and fluffy. Should there be such a difference?

[mattj3135]

HI.... Ive been on ESA for 6months now for depression and anxiety. I attended my medical assessment 7 weeks ago and I've not heard anything about it I keep getting asked to send in fit notes.... How long does it normally take to find out what is going on with your claim after the medical assessment?

[time4change2]

HI.... Ive been on ESA for 6months now for depression and anxiety. I attended my medical assessment 7 weeks ago and I've not heard anything about it I keep getting asked to send in fit notes.... How long does it normally take to find out what is going on with your claim after the medical assessment?

 

 

can take weeks sometimes even months depends on them really

[RaeUK]

Yep, can take a while. However, it's really important you keep those (un)fit notes going. Make sure you get a new one at least a week to ten days before the old one runs out. It doesn't matter if they overlap. But it does matter if there's a gap. The (un)fit note is what is used to generate your ESA payments at this stage. No note = no money.