Just had ESA assessment, she said ive failed any advice?

[lolly19]

Well just been for an ATOS assessment for ESA, the lady was lovely and so sympathetic, i have a broken leg and walk with a crutch, i am waiting for surgery in the next 8 weeks approx to remove all the metalwork from my leg as it keeps giving way hence the crutch, she asked questions and said she wasnt going to ask me to do the physical assessment as she could see i would struggle....after the assessment she said i have to tell you that they will deem me fit for work as i could sit at a desk and do a different job....what i couldnt understand is thats she said if i could have gave her a date for the operation she would have passed me straight away.....how weird i dont understand why??????

she said i will probably be able to get JSA, but i explained i already have a job but due to the job i do(care support worker) is the reason i cant work until after the operation and i'm back on 2 feet, so how can i get JSA if i have a job i dont understand, can anyone shed any light for me??

 

thanks for any advice i'm so confused!!!!!!!!

[johnw66]

I would get in touch with the council and explain, they should be able to provide details of someone that can help.

They will ask your specialists/doctors for reports.

 

Appeal and if that fails re-appeal, they are a joke.

 

Also contact the DWP/ESA and ask for a copy of the report.

You will be surprised what rubbish they write.

 

This happened to me. I won in the end and they backdate any payments that were due.

 

Keep strong.

[Nystagmite]

In order to get JSA, you must either be unemployed or working under 16 hours a week. I would appeal. if you search the form, there's a lot of information on this.

[sparky514]

I didn't think it was up to Atos whether you passed or not. I thought the report went to the DWP to make the final decision ?

[osdset]

I didn't think it was up to Atos whether you passed or not. I thought the report went to the DWP to make the final decision ?

In almost every case the DWP rubber stamp the ATOS assessment, after all they both have a vested interest in getting claimants off benefits, so in OP's case the HCP could predict with almost 100% accuracy that the OP had failed because the HCP had awarded less than 15 points, it's a done deal.

[poollie1]

If you fail the assessment, appeal, you will still receive the assessment rate of Esa which is £67.50 until the appeal is heard, if you win the appeal all monies will be backdated, there is a very long backlog for appeals to be heard so expect to wait up to a year for the appeal to be heard, this should give you a little time before you have to return to your Job.

[lolly19]

thanks for all your comments, i think i'm going to appeal as the jsa isnt going to be available to me as i am employed.

[count orlok]

Forgive me for being thick, but surely if you are working you would get sick pay from your employer, even if just SSP. To get such all you would need to do is get a sick note from your doctor and give it to your employer. Or have i been out of the world of work so long that they have changed that as well?

 

I know last time i broke my leg (and a few other bones after a motorbike crash) I was not allowed to do any different work until my doctor was satisfied i was completely fit. That time i was off for nearly a year. All the time I got sick money from DHSS even when the money from my employer ran out (I then got weekly tax rebates).

Edited April 16, 2012 by count orlok

[worried33]

that doctor had the guts to tell you there and then you failed.

 

but it shows whats wrong with what they doing, the system is designed to eg. say you can do a desk job however it takes no account that you still have to travel to work and to the desk, you likely would be breaching health and safety at the place of work eg. if a fire could you get out quickly and safely, and the fact you first have to job hunt which itself is physically demanding. Not to mention if you due to have surgery in 2 months its doubtful at all if anyone would take you on in my view you unemployable.

[Nystagmite]

Forgive me for being thick, but surely if you are working you would get sick pay from your employer, even if just SSP. To get such all you would need to do is get a sick note from your doctor and give it to your employer. Or have i been out of the world of work so long that they have changed that as well?

 

I know last time i broke my leg (and a few other bones after a motorbike crash) I was not allowed to do any different work until my doctor was satisfied i was completely fit. That time i was off for nearly a year. All the time I got sick money from DHSS even when the money from my employer ran out (I then got weekly tax rebates).

 

In order to get SSP, you need to be earning a certain amount of money each week.

[lolly19]

i have broken my leg too lol, was an accident at work too, i claimed my 28 weeks ssp off my employer, then the next step is esa, i have paid all my contributions and a tax payer since i have left school, 22 years ago this is the first time i have ever claimed anything, i have had sicknotes to cover all my sickness and will do for the next 4 months at least until ive recovered from my surgery then i will be back at work

[poollie1]

i have broken my leg too lol, was an accident at work too, i claimed my 28 weeks ssp off my employer, then the next step is esa, i have paid all my contributions and a tax payer since i have left school, 22 years ago this is the first time i have ever claimed anything, i have had sicknotes to cover all my sickness and will do for the next 4 months at least until ive recovered from my surgery then i will be back at work

 

You are better off to appeal if you do fail, that way you will be paid at the assessment rate.