Kicked off ESA :(

[norfolkguyuk]

Hey Guys,

 

New time user of the forum.

 

I've been on ESA for quite some time, with Depression, stress and anxiety.

 

I had my "Medical" assessment with ATOS in May 2012 and I recieved my letter 4 days ago, telling me I scored 0 points.

 

I want to file an appeal and downloaded the 4 page appeal form from the website but I'm not 100% sure if I've got the right form.

 

Its basically the personal details, representitive and a small area for reasons.... Is this right?

 

I struggle with my depression and I'm on normal antidepressiants plus a thing to control heartburn etc as the tablets have damaged my stomach and I also have relaxents 3 times a day for when I get panic attacks etc. I'm struggling to explain my reason for why the report is wrong. The medical seems to focus on physical issues but mine are mental.

 

Is there any guidance to completing the form (I know everyone will be different etc)...

[worried33]

GL24 form.

 

If the small area to state why you appealing isnt big enough you can attach a bigger sheet, but on that sheet make sure you state its an appeal, and attach your NI etc.

 

You can send in further evidence after the GL24 but obviously if you send it with the GL24 you are more likely to get a reconsideration (although I think a reconsideration is unlikely with 0 points). Most likely this will go to tribunal and then you will get a chance to send evidence to the tribunal or take it with you if you attend.

[honeybee13]

Hello and welcome to CAG.

 

Appealing the decision is the right thing. Is it a GL24 form you have please? I'm sure we can help you with this.

 

My best, HB

[norfolkguyuk]

Hey,

 

The form I'm using is dwp.gov.uk/docs/ gl24dwp.pdf - the last 4 pages.

 

I've spoken to my doctor about this and he was not shocked I failed the ssessment but said he would happily write me a letter etc - I need to ring the surgery tomorrow and let them know what the letter / report needs to say...

 

How much information do I need to put on this form? Should I be saying its completely incorrect etc? I've not got a copy of the actual report, just a typed assessment of notes from the "medical"

 

I dont understand how my doctor can say I'm too ill to work - I see him every 4 weeks. I spend 20 minutes with someone who decided there is nothing wrong with me...

[SWLABR9]

I understand a reconsideration is mandatory when you apply for an appeal. How many points you scored is, I believe, irrelevant. The reason your doctor, a medical men, can assess you as unfit to work is presumably because you're medically unfit and he uses the widely accepted medical model to assess your condition. The Atos assessors use a perversion of the biopsychosocial model to assess you, one which doesn't really exist as such and is more along the lines of the hypothetical on a good day and with a strong wind behind it, when you're standing on a turtle. So then, medically you're unfit to work; biopsychosocially speaking, you're fit as a fiddle. If you're wondering where the BPS model came from it was assembled by a perfectly conscientious fellow called Engle who would no doubt be horrifed to see the perverted uses insurance companies and governments are putting it to, ie disability denial on an industrial scale. In my view, many, many very senior politicians and their aids together with the wealthy businessmen involved should be in the dock about this sorry state of affairs. I rather gather that, against all expectations, we may see that day eventually dawning. Tick tock

[Nystagmite]

if you say it's incorrect, you have to state why.

[honeybee13]

Hello again.

 

Someone here will know how much to put on a GL24 form, I'm sorry I don't know for sure.

 

Depending on what typed version of your Atos assessment you have, you will also need a copy of the ESA85 for your tribunal if you end up with one.

 

My best, HB

[Dilizjo]

If you google ESA descriptors 2013 you will be able to pick one out that you feel you should have got points for, seeing that they gave you 0. State that descriptor and the reasons why your condition is relevant to it on your GL24, send that in asap recorded delivery. Also put on it you want to continue receiving ESA payments whilst you are appealing. Please keep copies of everything you send to them.

 

Ring the ESA and request a copy of the report that has been completed by their HCP, when you get that please read it from cover to cover and note every discrepancy you see. Write a report on the report, I warn you that this will take a lot of your time and energy but it does help. If you feel you cannot cope with the stress of dealing with it try and get someone to support you through the system........ There are some great stickies at the top of the forum that will help.

 

Please remember to keep copies of everything you send to them and send everything recorded delivery so you can prove they have received it, they have a tendency to say they have not received it.......

 

I hope everything goes well xx

[abc123def]

Quite bizarre that the assessment was in May 2012 and they tell you the result of that 8/9 months later!

 

Basically, on the form you need to say why you disagree with the decision, and perhaps give one example of a descriptor you feel you meet.

[norfolkguyuk]

Hey,

 

I've just checked the notice I got to say I'm not entitled to ESA, it states the face to face interview was 18-05-12 and I'm not entitled to ESA from 03-08-12 however the date of the letter is 17-01-13 so I've got no idea why it took so long to write to me, I've been receiving payments right through but today was my normal payment day and nothing in my account (as expected).

 

The letter telling me the findings of the medical is an ESA65 01/12 So I'm assuming I'll need to request the ESA85.

 

Do I need to put every single reason on the appeal form or do I just put one reason and then wait until its passed to the actual appear process to give all details?

 

I've actually just filled out a claim form for DLA as according to the website I may be eligible for that, but obviously I'll follow through with this appeal until one or the other is resolved.

[Nystagmite]

I wouldn't put all the reasons down. You only have 4 weeks to launch your appeal and you may run out of time.

[abc123def]

yes I agree, just one reason is enough on the appeal form for now, the rest can get done for a Tribunal should it be needed.

[SWLABR9]

While you're appealing/applying for a reconsideration you need to claim ESA at the basic rate.

[Nystagmite]

You have to continue to send in fit notes to claim at the assessment rate.

[norfolkguyuk]

Hey,

 

I have written out the appeals form as follows:

 

I wish to formally appeal the decision to remove my ESA benefit as I dont believe the assessor took notes correctly, nor totally understood the mental illness I suffer with.

They also state I have no issues with movement in my arms and picking things up however I do not have full range of movement in my left arm due to plates and pins from a motorcycle accident in 2003.

I also disagree with the findings regarding Coping with Changes. I need daily visits and phone calls to motivate me and assist with personal hygine etc.

My GP is prepared to write a full statement of all the medical conditions I suffer with and this will be produced later on in the appeals process.

I wish to continue claiming / receiving ESA whilst my appeal is dealt with. My current sick note is still valid until 04/02/13 and a new one will follow that as it is due.

 

How does that sound? Is there enough relevance to the issues or do I still need to pad it out?

 

Thinking about it I walk with a perminent limp in my left leg (same motorbike crash - not my fault, I was hit by a car that was lost...) I'm also waiting to hear about surgery to my left ear as I've lost hearing and I'm currently being assessed at the University Hospital here, with the assumption that surgery is the most likely option. They state that I do not have a hearing aid and can hear well in a room at 3m, which is partially true. In a silent room with 2 people talking then yes I can, however for example in the supermarket, all the noise etc I cannot hear the person next to me as it all merges together. In an office with the radio on and 2 or 3 people on a phone I struggle to hear whats being said etc.

 

Thank you to everyone so far who has helped with advice etc. I'm new to the appeals process etc and you sort of think that the fact you are ill is hard enough to deal with. I had a breakdown around 3 years ago now, it took me around 9 months to recover to a functioning state but even then I struggled with daily life. I lost a large profitable business and a loving relationship due to that round of illness and yet these idiots decide that 90% of benefit claims need to be cancelled so they bully and invent lies just so people are thrown off.

 

All these things with mental health are in the forefront of TV adverts and processes at the moment but what on earth do they think the stress of this process does to people. Even people who are physically unfit for work are now being diagnosed with stress and depression due to the worry these things cause. Its just disgusting and the sooner this government realises it is killing the population of the UK the better!

[abc123def]

When I went to Tribunal I listed the physical difficulties I had and the ways that the ATOS assessor had lied about what was said or had noted results incorrectly but when I entered the Tribunal the Doctor said to me "is it fair to say that it is not your physical difficulties that are stopping you from working, but your mental health difficulties?" to which I said yes. So the whole conversation was about how my MH difficulties affect me. They weren't interested in the other parts. I was awarded 15 points and placed in the WRAG.

[udaymorjaria]

Hey,

 

The form I'm using is dwp.gov.uk/docs/ gl24dwp.pdf - the last 4 pages.

 

I've spoken to my doctor about this and he was not shocked I failed the ssessment but said he would happily write me a letter etc - I need to ring the surgery tomorrow and let them know what the letter / report needs to say...

 

How much information do I need to put on this form? Should I be saying its completely incorrect etc? I've not got a copy of the actual report, just a typed assessment of notes from the "medical"

 

I dont understand how my doctor can say I'm too ill to work - I see him every 4 weeks. I spend 20 minutes with someone who decided there is nothing wrong with me...

Please do ring DWP asking for gl24 as this gose in your record as you are appealing.

You can download gl24 and carry on filling as normal but you call and ask for gl24 this is in your record just in case if gl24 get lost in post or delay.