ESA50 received. Not long been put in support group. ESA.

[gregbythesea]

Unless you had read all the descriptors you would have no reason to even suspect that ability to eat or drink is relevant because it's not mentioned on the ESA50 form.

 

Thank goodness then at least I have good reason to know that it wasn't me being ignorant.

 

As I have said, it just never appeared to be one of those things that is taken into account either for ESA or DLA.

[gregbythesea]

If a form as potentially misleading as the ESA50 were issued by e.g. a bank, Trading Standards would have a field day as it's so unfair, and some of the 'oversights' are allegedly being transferred to the forms for PIP.

 

I can't remember which question it is exactly and I'm not about to go searching around at this time of night, but I'm pretty sure it's one of the 'going out' questions where the tick boxes give you the options of 'usually', 'not very often' or 'it varies'. Most people will pick one of the boxes so if they never go out the most suitable one is 'not very often' but this of course implies that they sometimes go out which gets you a maximum of 6 points compared with the 15 they should get. Not that it will have been done deliberately of course.

 

That is soooo unfair it's not true!

How is the ordinary person supposed to know all about this? Yes I would have ticked that box only because I cannot go out on my own but do go out when accompanied.

One of my problems is not being able to concentrate due to the side effect of some of the drugs I take (Morphine & Sertraline in particular). I am guilty of just ticking the boxes both on the ESA50 and the DLA review from, I also told my wife the same thing when she completed the AA claim form.

 

Obviously I had major problems with all three and still can't manage to get the AA award for my wife.

 

There are no Welfare Rights people about. Well there is the CAB & DIAL both with a waiting list of many weeks.

[osdset]

There are no Welfare Rights people about. Well there is the CAB & DIAL both with a waiting list of many weeks.

There will be even less next year CAB gets about two thirds of it's income from Legal Aid, and we all know what the governments plans are for legal aid.

[gregbythesea]

There will be even less next year CAB gets about two thirds of it's income from Legal Aid, and we all know what the governments plans are for legal aid.

 

I do have to agree with you that it is wrong, but, how many times do we hear of stories of the 'rich' getting legal aid. You only have to look at the most recent case - Polly Peck to realise that it could not and should not be allowed to continue.

 

Then there is the other side of the coin. Those that have a full time job and are not disabled are already having to fund their own legal eagles, whereas those that are on benefits can access the same legal advice for nothing. Why should those that pay a considerable amount of money to the government via taxes have to subsidise those that 'choose' not to work (that is how they see it and it is not my opinion).

 

Then those same people would also argue that why should others already on benefits receive legal aid in order to try and get more out of the taxpayers in the form of additional benefits?

 

It is a double edged argument and I can see both sides.

 

However it does leave those who can't afford legal representation at the thin edge whilst those that can afford it, have a much better chance of winning.

 

It's a country of those that have and those that don't, and unfortunately it will, as you say, only get worse.

 

This government and certain newspapers have done a fantastic job in segregating the poor, ill, disabled and unemployed from the mainstream of society.

Never no more so than in my village where it is hoped to build an estate of cheap housing to purchase or rent. There has been an uprising by the vast number of residents close by who own their homes (mainly 4/5/6 bed detached properties) who want the permission refused as they don't want 'those type of people living on our doorsteps - even to the point of arguing that house breakins, anti social behaviour and robberies will automatically come with the influx if they are allowed to build them.

[SWLABR9]

Civil unrest will happen if that and similar ambitions are overturned. Your locals should consider the consequences of NOT allowing people to build secure homes...

[gregbythesea]

Civil unrest will happen if that and similar ambitions are overturned. Your locals should consider the consequences of NOT allowing people to build secure homes...

 

No one is actually objecting to building low cost homes, what they are objecting to is building them close to where they live.

They have identified another site owned by the council which was a rubbish transfer station that has been closed for some time for the developer to build on that is well away from the village centre.

[worried33]

No one is actually objecting to building low cost homes, what they are objecting to is building them close to where they live.

They have identified another site owned by the council which was a rubbish transfer station that has been closed for some time for the developer to build on that is well away from the village centre.

 

then those new homes need new utilisties, post office etc that the village already has.

 

sounds like the villagers just want to pretend those sort of people dont exist, the poor dont exist, then it makes it easier for them to keep voting for a survival of the fittest government, if they cant see it then its not happening.

[BlurredFX]

Thank goodness then at least I have good reason to know that it wasn't me being ignorant.

 

As I have said, it just never appeared to be one of those things that is taken into account either for ESA or DLA.

 

It's good to know that this thread is helping other people as well as me!!

 

I thought I would continue to share my experience.

 

Being aware that I would need to spell out my condition to ATOS once more, (arguably, with good reason tbh - it's been 12 months) as there is no box on the form to say about my condition.

 

I asked my doctor for a simple letter confirming that there was no change in my circumstances.

 

I was FUMING as they charged me a tenner!!

 

I have since discovered that in order for the doctor to get funding for his time, he has to await a request from ATOS or similar. And that delay would inevitably result in delayed benefits, benefits stopping or whatever punishment is deemed fit!!!

 

So, on reflection, the Doctor charging me a TENNER can only really be regarded as an act of KINDNESS on his behalf. This system stinks, not my doctor. It's classed as private work... otherwise I suppose everyone would be asking the doctor for detailed assessments at the first opportunity.

 

Anyway, I sent the letter in, about a week after the ESA50 (Doctor on holiday), so I will keep the group posted.

 

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[worried33]

I thought I was been conned in the past my my GP whenever he wrote me letters then I find out some people have paid 100s of pounds for letters which puts it in perspective but these letters are often paid for by legal aid which will be gone next year.

 

My last letter was actually free but the locum who wrote it told me he should have charged me £25.

[Nystagmite]

I've never been charged. I was once told by a receptionist that it's down to the GP.

[reallymadwoman]

My consultant wanted £95 for a letter which would have just confirmed my diagnosis and not really said anything about how it affects me, so I didn't bother.

[BlurredFX]

My consultant wanted £95 for a letter which would have just confirmed my diagnosis and not really said anything about how it affects me, so I didn't bother.

That is probably something your GP could have written.

 

What I did in the first instance (via a benefits advisor) was write a letter, requesting that they (my GP and Prof) confirm that I fitted the relevant descriptor: I.e. can't eat without severe discomfort or something. We quoted it word for word and asked them to quote it back. It still took my GP two attempts.

 

Having obtained both of these previously, I submitted them once again along with an up to date letter confirming that I am still NJ fed and there is no change in my occupational health status. This, as well as my filling in the form, this time mindful of the fact my descriptor can be found nowhere on the form. And just bleating on repeating the same thing.

 

Let's hope this level of spelling it out to ATOS is sufficient, otherwise I am at a loss as to what to do!!

 

Blurred:)

[osdset]

So it's a lottery, can I afford to pay for a GP's letter? Or my medical records to show to ATOS who don't read them? The DWP pretty much disregard them, so next stop is the 1st tier tribunal, hopefully the doctor might influence the Judge enough to actually make a fair judgement.

 

It's always a Pyrrhic victory though, because the next assessment is just around the corner.

[BlurredFX]

It's always a Pyrrhic victory though, because the next assessment is just around the corner.

 

Well, I am hoping that having gathered my evidence from my previous tribunal victory - which I won because I did not have the supporting evidence when I first submitted my ESA50 - and supplying additional evidence from my doctor confirming that I am still in the same situation - that they will correctly continue to put me in the Support Group. If that's the case, I should remain there until my tubes are removed.

 

This would seem to be the common sense and logical conclusion. Sadly, I am scared this may not be the case and I have all kinds of punishments handed down for being so sick I can't even eat, and remain hooked up to a machine 12 hours a day, during which I can't sleep!! I suppose I do get a spare couple of hours a day, which i selfishly use to walk round the block to prevent any further mental and physical health complications Must try harder, hey.

 

If they ignore this level of evidence, I don't know what to do!! Fingers crossed hey.

 

Once I can eat properly, I am going back to work! And I can't bl**dy wait!

 

I will keep the group posted.

 

Blurred:)

[SWLABR9]

The programmes on the tv (Panorama, Dispatches) suggested the testing was in reality a lottery where how ill you are is actually irrelevant. The assessors have to pass/fail claimants according to targets (though they call them norms) so really it's the luck of the draw.

[BlurredFX]

Hiya guys,

 

Do the DWP automatically tell you when they have made a decision? I received an ESA50 a couple of months ago and sent it back, hopefully to remain in the support group.

 

I sent the questionnaire in, (as er this thread) with a doctors letter to follow explaining exactly how I still fit the same descriptors as last time, along with all the evidence from the first appeal victory and the Tribunal decision I get the support element etc. The theory being that this evidence would be enough for them to see I fit the descriptors about eating - despite the fact there is NO reference on the ESA50 or box to tick to give an indication that you can't eat or drink at all. Anyway, the group has helped me through all that lot, I was just hoping someone could answer my initial question,

 

I have heard nothing from anyone except the Mortgage Department seemingly doing some routine checks about service charges. We are now coming up towards two months since I replied, so I guess I am trying to tempt fate by asking this question on here lol.

 

So...

 

How do I know if a decision has been made?

 

Do the DWP automatically tell you when they have made a decision? If not, how do I find out?

 

Blurred:)

[Nystagmite]

If there is no question about eating and drinking, (which I find odd) you can put that information in the Extra Information box.

[reallymadwoman]

I don't think anyone can answer this one.

 

It can take months for ATOS to request your presence for another farce of an assessment so they may still be planning a grilling or they could have passed you straight back to the support group or changed your group or failed you altogether.

 

Whichever it is you will be told eventually, though I have heard of people find out they scored 0 points when their money stopped.

 

For now, so long as you are still being paid at the same rate, it is unfortunately just sit back and wait. And if they invite you for an assessment, don't forget to ask for it to be recorded.

[BlurredFX]

Hmmmm. As I suspected then I will phone them to see if I can geet any info. Worth a shot I suppose.

 

don't forget to ask for it to be recorded.

 

Why? I presume you mention it for good reason, and I have no objection to doing so! If I do the recording, it's my recording and I can use it in the future if I see fit!

 

I fit the criteria for the SG to a tee, and also the evidence requirements they look for - a tube going up my nose to feed me. So I have nowt to loe my annoying the system if it is going to help the wider cause achieve something worth while!!

[Nystagmite]

A lot of people find that what actually happened in the medical and what has been written in the report are two different things. Hence, why you should ask for a recording.

[BlurredFX]

If there is no question about eating and drinking, (which I find odd) you can put that information in the Extra Information box.

 

I put it in the extra info, and included a wedge load of evidence - historical, and a letter from my GP confirming my situation hadnt changed. It should be a simple admin exercise for them.

 

But f you could take the info about that lack of question on the form, hopefully this thread will prove useful who may face the same problems. You seem to help others on the forums.

 

15 or 16b is the schedule i meet, but isn't (at least wasn't) on the questionnaire. In fairness, ATOS assessors are supposed to look for evidence of NJ feeding, but that's a different story for me. Also people may not be fed via a tube, but can only take fluids (Ensure for example) orally, who may fit the criteria. But I am not sure.

 

I won my appeal based on that and letters from consultant and GP to confirm, as I didn't require a feeding tube at the time. The fact I did subsequently is supposed to be of no consequence, but i don''t think it hurt my case when I turned up at the tribunal with tube and feeding machine whirring away... and a fist full of relevant letter!

[worried33]

I got no decision letter, both welfare rights and another site told me they found it becoming more common for written copies to no longer been sent out. This has the repurcussions of course meaning the 30 day limit to challenge the decision is harder to meet, I only found I am on ESA because I got a letter saying they going to pay it into my bank account but that wasnt a decision letter.

[BlurredFX]

I got no decision letter, both welfare rights and another site told me they found it becoming more common for written copies to no longer been sent out. This has the repurcussions of course meaning the 30 day limit to challenge the decision is harder to meet, I only found I am on ESA because I got a letter saying they going to pay it into my bank account but that wasnt a decision letter.

 

Once I had eventually won my tribunal, I had to chase and chase for the money. Then it came through, and I had no idea how it was comprised. Fortunately, it was a pleasant surprise, but that in itself causes further brain-ache - until about two months later they sent out some information which explained it all (and it was correct:))

 

This has the repurcussions of course meaning the 30 day limit to challenge the decision is harder to meet

Just drives me mad - the implications of these action must have been thought through! what a sad, miserable person to inflict such underhand tactic on others, not even for their own gain. I think the public perception of everyone loafing round smoking twenty bensons a day and watching Jeremy Kyle at their expense is somewhat of a myth, frankly. It is in my case.

 

It was well over thirty days before I received any type of notice of a decision last time. The impact on that this type of messing around this has ones mental health can make an already hard situation just ten times worse! I'd just like to know if the computer thinks i'm as ill as every surgeon, medic and nurse i meet seems to think!!

 

[BlurredFX]

Just phoned them up, and they have actually told me I have been reassessed and put back in the support group, for six months on this occasion. Well that's a relief, though I really can't help but feel that the sensible thing would be to let me know, instead of causing unneeded worry and spending the little i receive on phone calls to find out if they are still hounding me or what!!

 

For what it is worth, it is a couple of months since the decision was made, so God knows if they only inform those people who have been knocked back.

 

I don't suppose I will ever know if it was worth paying for the doctors letter, but if I have to do it again, I will spend the money. Worth it not to have to spend a day hobbling to the assessment centre.

 

Anyway, that clears up that little lot. Thanks for all your help. It's all sorted, for now, and I will start a new thread next time, if needs be.

[Nystagmite]

That is ridiculous. Meanwhile, those people could have been sorting out other peoples ESA issues.