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ESA - Lost Tribunal - Upper Tribunal Awarded...UT Postponed!!!!


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Basically think about what you might be expected to do in a work situation (remember it's any work, not your usual employment) and list all the possible risks of you doing it. This also applies to the descriptors - whilst you may be able to walk more than 200m so not score any points, can you do it reliably? Reliably means safely, in a reasonable time and to a reasonable standard. This is only one example of course, but if it takes you twice as long as an average person to cover that 200 metres because of your wobbly path and there's a significant risk that you'll fall or trip or otherwise injure yourself or someone else, then you can't do it reliably and should score some points.

 

I wish it was that easy, They will likely give a score of Zero,

Because their computer s/w says no you don't fit the criteria As for the repeatedly and reliably bit they have an answer to this by saying that you could propel yourself more than that distance using a manual wheelchair (unless you have a known heart condition ,ect )

You would need a reason why you could not be expected to use a wheelchair or other walking aid

That's what the decision maker told me when i was told i didn't meet the criteria for mobilising that word is key Being able to walk or not means little to the DWP

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A quick question about ESA and the Governments decision making if I may?

 

 

I originally got a backdated payment of around £750 not long after claiming ESA which I assume backdated it to the start of my sick notes. After forwarding the form I then continue to receive £141ish every two weeks which will take me up to my medical assessment in a couple of weeks time. From other peoples stories I suspect like many others I will receive nil points at the assessment thus possibly deeming me ineligible for ESA. Yet the powers that be by paying me since October time must have deemed me eligible for the benefit or why would they pay me benefit without knowing if I am eligible until the medical assessment? If you know what I mean?!?!

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Because your GP has decided for now, that you're unfit for work. Until someone else has decided whether you are, they take your GP's word for it.

 

 

So a non medical professional (in the case of the decision maker) can end up over ruling a qualified medical professional, (your GP or Consultant?!) I'm just fascinated because it's my first time on benefit.

 

 

So how does it go down with the Job Centre then when say a person has been declared "fit for work" by ATOL/Maximus/DWP thus losing their benefits, shoulder barged towards JSA and yet their GP still declares that person "NOT fit for work" via sick notes?!

 

 

Thanks everyone for help and advice I do appreciate it.

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Well until march last year, you could have to periods of sickness lasting up to 14 days each in any 12mth period of unemployment, any more and they would suspend /stop your JSA claim/money , this changed last year to also include 1 period of extended sickness for upto 13weeks in the same 12mth period a fit note is required for this extended period , It imo is a way for those who can't get to their JCPlus without issues to sign on and attend their interviews, As well as being capable of actually searching for a job, that you can't actually do, or wouldn't be able to hold down due to those health conditions that Maximus/DWP have ignored , Of course this determination by their re trained droid's who they call HCP's haven't worked some kind of miracle and cured everyone

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So a non medical professional (in the case of the decision maker) can end up over ruling a qualified medical professional, (your GP or Consultant?!) I'm just fascinated because it's my first time on benefit.

 

 

So how does it go down with the Job Centre then when say a person has been declared "fit for work" by ATOL/Maximus/DWP thus losing their benefits, shoulder barged towards JSA and yet their GP still declares that person "NOT fit for work" via sick notes?!

 

 

 

 

Thanks everyone for help and advice I do appreciate it.

 

 

 

 

 

that's the stitch up is why so many go to appeal

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It seriously beggars belief and I am astonished I haven't seen any of this in the media and was unaware of any of these shambolic processes until I started on benefit. Which of course means the rest of the country probably doesn't even know what's going on. Then of course you look into it and find out the full scale of what should be a National disgrace. Whatever happened to duty of care?!

 

 

Well I received a letter today pushing my Assessment back a good week and a half due to my request to have the Assessment recorded.

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The media,If it doesn't fit their agenda, they don't report about it, As people who need to claim benefits re are regarded as scroungers and work shy, Thank's to governments hate campaign And all these program's on the tv that help keep this myth alive, for "entertainment." Who's entertainment ?? I for one don't think living on £73.40 a week is entertaining ,

 

Well ATOS in the past have found some seriously ill people Fit for work ( yes they say that they don't make the decisions) but the DWP often make these decisions based on their inaccurate account (so called "medical "report) from ATOS now Maxiumus Some have died only days after being found fit for work

 

The government tried all sorts to get out of publishing these statistics known as the DWP death stats, it took several years iirc of them delaying it, IDS orders probably

then there is all those who have died or taken their own life,after being sanctioned , This government don't care one bit, neither have the previous 2

 

The whole thing from start to finish is a system designed to weed as many people off ESA this will always include some who are unfit to work, But caring about them isn't what they are about,

Once ESA stopped then it's a choice for many JSA or no money, Once on JSA they will keep on picking away taking advantage of those who don't fully know the rules all in a bid to sanction you, this their goal, because once sanctioned you aren't counted as unemployed , they also fail to tell people that they can still claim hardship payments which are around 50% of the £73.40 weekly JSA rate So a win win for government, no wonder they keep on claiming to of reduced the number of unemployed ,

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Crying ??? him cry because he feels guilty , no those where the tears of joy or crocodile tears, like a spoilt brat who didn't get their own way, He may have left office, but he didn't give up his seat, and no doubt will be back

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Does anyone know the statistics percentage for people who have appealed after "failing" a medical and won on appeal? I am just wondering how much money the Government could save if the right bloody decision could be made in the first place!!

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http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2015-09-08/9593/

 

Gives some of the stats, there was some stats by area out there somewhere, My guess is that the tribunal hearings and associated extra work costs more than they will be saving ,

Then there's that even bigger waste of money UC

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I seem to remember reading not long ago that once the costs of doing the assessments etc and inflation were taken into account, ESA is costing 3% more than Incapacity Benefit used to cost. Of course statistics will never account for the things which cannot have a price put on them, like the absolute misery and harm that the system causes.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The Health and Assessment Service (I assume Maximus but Maximus isn't mentioned anywhere on the letters) do not half get themselves into a flap! I have now received three letters from them.

 

 

Letter 1. Your Appointment With a Healthcare professional. - The original letter which thanks to great advice here I rang and asked for the appointment to be recorded.

 

 

Letter 2. Your Appointment has been rescheduled. - That's fine - it mentions that my original appointment has been put back 11 days.

 

 

Letter 3. We have postponed your Appointment - So another letter explaining that they are now unable to conduct my assessment on the original date and will forward me a new assessment date which they already have in letter 2!! Closer examination shows both letters 2 and 3 were written on the same date. First time I read it I assumed the new appointment date had been postponed which isn't the case but I can understand some vulnerable people being confused. They couldn't organise a p*** up in a brewery this lot!!

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I think they just took over all of ATOS' staff as they used to do exactly the same things - I once had 2 letters dated the same day making and then cancelling the appointment, though they later denied all knowledge of the cancellation one and reported me to DWP for 'failing to attend' - it was a home assessment and I was in all day and no one arrived, whether or not they were expected.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Please ensure you're keeping your MP informed of this deliberate attempt to make you fail before you even have a chance, in years to come this will be seen like the banks PPI con, except the government is playing with peoples lives, ask your MP if they are happy they have blood on their hands.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It would be interesting to know how many of those ESA claimants that are alleged to have closed their claims for ESA prior to their scheduled WCA (quite an alarming number) did they not attend due to the incompetence of ATOS /Maximus , why else would so many people give up before attending the WCA (F2F farce) and likely scoring Zero Points?

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It does sometimes require enormous persistence to get over all the hurdles and be awarded ESA, whether that be actually having a WCA for whatever reason - it did eventually take 2 years for them to finally turn up and 'assess' me for a whole 10 minutes before awarding support group - or having to through repeated appeals. Even then people with conditions which are incurable and progressive are required to go through all of this over and over again since DWP clearly believe that all consultants and doctors are either lying or being misled by their perfectly fit patients and/or there will be some miracle cure in the meantime and/or the rules will have changed yet again to make the hurdles higher.

I'm currently in the midst of a complaint to ATOS about how my PIP assessment was conducted whilst awaiting the dreaded brown envelope for reassessment of my ESA claim which, if it goes like the last one, will be just about finalised before the PIP is up for review. I'm permanently stuck on this never ending treadmill when I should be doing what I can to get on with my life.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Guest Miss Anxious

After my ESA50 was returned by me to Maximus, they sent an ESA113 to my doctor who does not really know me that well.

 

I decided to take things into my own hands and rang the Practice Manager at my surgery, and got an email address for my doctor.

 

I then emailed her and asked her to support me, and provide information as how my daily life is affected.

 

The surgery then rang me, and invited me in to see my doctor, so they, in effect,fitted me in to the appointment system.

 

I basically told the doctor what they need to know, and she filled out the ESA113, in my favour, and explained in her words which were really mine, as she practically wrote my words verbatim.

 

My ESA113, is now with the disability centre, as I phoned them to track my claim.

 

I am now awaiting to find out whether I'll be called in for a WCA, I am hoping not, as the info she supplied went back to 1971, and I was born in 1960!

 

They were helpful at Maximus, they have a customer service number on their website.

 

Contact Us - Health Assessment Advisory Service

https://www.chdauk.co.uk/contact-us

 

This is only my opinion as others may disagree, but taking things into your own hands, being proactive is best. But, not for all.

 

As for going to the assessment, I personally would not go by train. I would get a cab, or someone to drive you, and if possible take someone with you.

 

I am not an expert, just an anxious person who is in this system, who would love to work, but I would not employ me.

 

Hope this helps?

 

Miss A.

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In an ideal world yes, but in reality most will be required to endure the F2F farce, that's in part why they insist on keeping this floored method, to give as many zero point results as they can,(i bet they have a target set by ibs)

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Maximus have a target percentage of people who have to have a face to face, as do Crapita and the Tossers. Personally, I'm amazed that the DWP's crystal ball can tell them in advance what percentage of people will not send in sufficient evidence to decide their fate since it makes a complete mockery of the 'rules' for who needs one.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Anybody on here who are on JSA who feel they should be on ESA and get more support/ help than just JSA claimants ?

My story is ive been in between both as was diagnosed with chronic back and leg pain. Was deemed fit for work. Had little explained to me so was even looking for full time hours and i was riddled in pain. So much so i was having to job search and eat lying on my front. Having had to do that i now have RSI in both arms all the way down to my hands. Feel helpless and after hearing stories of people getting benefit stopped is it worth me trying for ESA again. I also now suffer with a bit of depression ( didn't go out socially for 3+ yrs) and anxiety which i struggle to explain but having the pressure of being made to search for work when you wouldn't employ yourself as i once looked in the mirror and see a vibrant out going confident young man and now i'm just drained. Pain/ meds drain me.

Any help/advice much appreciated.

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