Appealed failed medical decison

[Dalkirst]

Hi all.Found this site whilst searching threads on appeals so thought i'd ask here.I went to my medical in September this year and got a failed letter(like most people) scoring zero points.This is despite the fact i have been sick now for 17 years with Crohn's disease(main illness) and since getting this illness this has contributed to others like osteoporosis of the hips and spine which causes me pain in my back now and again,galbladder problems which though at the moment isn't a problem i've been told i'll neeed to have this taken out sooner rather than later and most recently hyperthrodism.This latest one isn't being sorted at all as i've only seen the specialist once since May even though i've had it for a year now(though i will see another one in 2 weeks time) and it's this one that causes me the main concern at the moment.I am constantly tired which really gets me down.My crohn's even though wasn't too bad at the time of the medical comes and go's and they have put in the assesment that it's not too bad and under control which anyone that has crohn's knows is never the case.They carried out a silly test on me which totalled me laying on the couch and the nurse asking if i could push my leg against her arm/hand(i suppose to test how strong they are?) and that was about it.They never showed the slightest bit of interest really in my conditions just if i could drive a car,go shopping etc etc.

 

On the letter they sent it also says under certain sections like abdominal problem:No current specialist input.Does that mean they haven't even asked my consultant at the hospital that i see anything?

It says the same for my overactive thyroid no current specialist input.

 

Finally there is another part.behaviour observed during assesment:The client walked 15 metres normally to the examination couch.The room i had this in(and the examination was miminal) was tiny and the couch was infact only less than 5 metres away.Does that make any difference?

 

I've sent off an apeal and got a letter today to send back to HM courts and tribunal service.What happens about having a representative?

I don't know anyone that could help it's not like i could ask my consultant to come along.

Sorry for the long-winded thread:!:

 

Thankyou for reading this

[Nystagmite]

Can your consultant supply medical letters? They must be relevant to the descriptors and relevant to the time when the medical was.

[abc123def]

Thing is, many people with your medical conditoons manage to work full time so the medical condtions in themselves won't sail you through to the points. It's all about what you can do right now. As for walking s/he would have observed you in the waiting room or even before that, and walking into the examination room. There are cameras everywhere.

 

What descriptors do you feel you meet, and what evidence can you provide that you meet those descriptors is what you need to be looking at if you want to appeal.

[honeybee13]

Hello there.

 

Here's a link to the forum sticky about appeals and tribunals. There's a link in it to the DWP descriptors.

 

My best, HB

[Nystagmite]

It's now mobilising and not walking, isn't it?

 

The reason why you were probably asked about shopping, is because that means (in their opinion, not mine) that you have no difficulty going out and walking around.

[Dalkirst]

Thanks for the replies.I am going to appeal anyway got nothing to lose.What could i do about supporting evidence?

Could i get something from the consultant at the hospital and what type a letter saying what my conditions are and what they mean to me etc etc

 

My GP/s are pretty useless so not sure if they could help.

 

Also anything i could say about them not seeking medical advice from the consultant and people that deal with me?

 

Thanks

[Nystagmite]

Any evidence must be relevant to the descriptors. So, a letter stating a diagnosis isn't enough. But a letter stating how your disabilities mean you can't work should be ok.

[Zonker]

Every so often i make an effort to see my local GP and explain how my conditions affect me, so if i really needed to i could SAR my medical records and show them as some sort of proof if the doctors were of little help. I found it best to get appointments with just one doctor, hoping that way he can at least remember you lol. I hope you can get supporting evidence of the variability of the conditions you suffer.

 

As you have found out the hard way, its no longer you have got x diagonisis but rather how that affects your work. Little questions they read alot into and presume other activities are fine for you.

[RaeUK]

It is most unusual for anyone from the DWP / ATOSH to actually contact a GP or Consultant for info. The onus seems to be very much on the claimant to supply evidence and if they don't, well, tough. I suspect that may be a major difference with IB. As Zonker has said, the questions are designed specifically for information to be extrapolated from them. For example, 'do you go to the cinema?' You say 'yes', the computer says 'can remain seated without a problem for at least 90 minutes'.

[debt4get]

rae, is quite correct every question they ask is designed in effect to catch you out....e.g. do you watch tv? yes..so can sit and concentrate for 60 minutes.. do you go shopping? yes...so can go out and about without help... can you make a meal? yes...so can function and feed themselves... in fact there is a train of thought that says, if you actually can make it to a 'medical' and i use the term lightly, then you are already on a loser and almost guaranteed to be found fit for work.. i honestly think the qualifying criteria for ATOS is 'if you can fog a mirror with your breath' then you are alive and not clinically dead and are therefore 'fit for work'!!!

[Dalkirst]

Thanks again for the replies

[estellyn]

Every so often i make an effort to see my local GP and explain how my conditions affect me, so if i really needed to i could SAR my medical records and show them as some sort of proof if the doctors were of little help. I found it best to get appointments with just one doctor, hoping that way he can at least remember you lol. I hope you can get supporting evidence of the variability of the conditions you suffer.

 

As you have found out the hard way, its no longer you have got x diagonisis but rather how that affects your work. Little questions they read alot into and presume other activities are fine for you.

 

I type out a 'current health status' statement on all conditions several times a year, and the GP scans this on to my medical notes on the computer - that way if they're asked for info, or I have to SAR, it's all there. Also protects me in case a GP claims at a later date that I didn't declare a symptom - everything's in writing, so if they make a mistake, there's no way out, it's an incentive to be thorough. I also only see one GP - the best one in the practice (not saying much). It all helps.

[RaeUK]

Yep, I've seen the same GP for over 15 years so she knows me very well now.

[Lillibelle]

I have had the same GP for years (used to be 2 drs job sharing but 1 left),she is absolutely fantastic,She will very often do a telephone consultation to save me having to go down there (I have MS and some problems are recurrent)but I do have a 3 monthly face to face meeting either at home or the surgery.

It does pay to have a good relationship with any healthcare professionals if possible

[Dalkirst]

Hi all thanks for the advice given some time ago.I appealed and went yesterday but as expected got the letter today saying i'd failed.What happens now will DWP write to me with what happens next?

 

I don't have enough credits for JSA so will probably have to go down there every 2 weeks? until i get enough not sure how these things work after a lost appeal

 

Thanks

[abc123def]

I would put an application for JSA in online, they will call you back to go through it and then invite you in for an interview. Then they will give you signing on dates and tell you what you need to do between appointments. You will have the opportunity to say how your health conditions affect you and what types of work therefore that they might affect. I would think however that there are many types of employment that you can do, all that is needed is for those types of jobs to be available and for you to be successful at interview. No mean task then but hopefully JCP will help you along the way.

[Nystagmite]

Why put in a claim for JSA? That's saying you're fit for work.

[Dalkirst]

If i don't put in a JSA claim what do you suggest?

[**Margaret**]

: Dalkirst:

 

What happens next should be a letter from Jobcentreplus to say they've closed your claim, or you may notice that assessment rate employment n support hasn't been paid. After that it's a claim for income based jobseekers or, if you genuinely believe you're not fit for work and your doctor agrees by writing Med 3 (unfit) notes, a new claim for employment n support allowance.

 

A new claim for the same condition can be made from six months after the date Jobcentreplus decided you were fit for work.

 

An online claim for jobseekers will be rejected until your existing claim has been closed. (The technology can't cope.)

 

Margaret.

[Dalkirst]

Thankyou

[mr_mastiff]

Hi from my experience it is not your conditions that they will take into account. The levels of ability with people suffering the same condition vary greatly. 7 out of the 10 medications that I am on on a regular basis state that I should use caution if driving or doing complex tasks. I have voluntary given up my driving licence because I know I am not safe. Like wise with power tools I have had two accidents which required Hospital treatment. Very often

the medications given, can cause effects which make you a danger to yourself or others. On my appeal I pointed out these facts, also I pointed out that yes I can walk but due to the medications which help me to continue to walk i have forgot to light the gas after turning it on. my wife could list a number of similar incidents were I have placed myself and others in danger so when appealing concentrate on day to day aspects of living with your condition and the side effects of the various medications that you are on.

[abc123def]

From the original post, it wasn't clear what descriptors they met to be eligible for ESA. OP

[Nystagmite]

Just because the OP hasn't said which criteria they meet, doesn't mean they don't meet the criteria. Just because someone doesn't meet the criteria, doesn't make them fit for work.

[mr_mastiff]

It is my opinion the people are becoming obsessed with criteria and descriptors. I took a look at my life and honestly described my problems from the moment i woke up to when I went to bed. If you tell in simple terms for example I cannot hold a normal knife and fork, I could not open a jar or bottle due to swollen hands or my medication leaves me feeling sick or unable to concentrate. If you break each part of the day down and describe difficulty whether physical or mental then it gives a much clearer picture of your health and abilities.

[fightingback99]

Just because the OP hasn't said which criteria they meet, doesn't mean they don't meet the criteria. Just because someone doesn't meet the criteria, doesn't make them fit for work.

 

True but if they don't fit the descriptors then unfortunately they won't get an ESA award. And does the rule change which stops appeal assessment rate being paid on failed assessments until a reconsideration is first done not start end of October? From a timing point of view the OP could be affected by this if he/she doesn't pass their next assessment. Or has this change been stopped?