59 year old failed 2nd medical for ESA after passing first....

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  • chinna
    chinna Posts: 89 Forumite
    Just because he walks with a stick, doesn't mean that he can't do any work. I think it's really accommodating of the organisation that an interpreter was arranged; I can't see how you could object to that.

    Did not object to the interpreter. We put in the form that I would be taking my dad for the assesment and would be translating for him.

    What we did object to was when the recepionist wouldn't allow me to go into the assesment with my dad saying there was not enough room. There was loads of room. When we went in the nurse aplogised for what happened earlier and said there was a misunderstanding.
    The recepionist was determined not to let me go with my dad, it came across as if she had been briefed beforehand.
    My understanding was that you were allowed to take someone with you too the assesment, it was your right.
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    krisskross wrote: »
    As he has failed to secure ESA then JSA is his only option. However the inability to speak English is going to be a huge problem. What sort of work did he do previously?

    I thought they continued to pay the ESA at the assessment rate if you have appealed?
  • chinna
    chinna Posts: 89 Forumite
    krisskross wrote: »
    As he has failed to secure ESA then JSA is his only option. However the inability to speak English is going to be a huge problem. What sort of work did he do previously?
    Just manual factory work.
  • Mrs_Arcanum
    Mrs_Arcanum Posts: 23,976
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    melbi_uk wrote: »
    I thought they continued to pay the ESA at the assessment rate if you have appealed?

    Apparently as soon as you have been failed it stops - what happens whilst you appeal may be ESA at JSA rate. However we were advised that many people who are refused ESA cannot cope with or understand the JSA system due to their disabilities so will be without any money if they fail to sign on.
    Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits
  • chinna
    chinna Posts: 89 Forumite
    Mojisola wrote: »
    Having severe arthritis doesn't just mean that you have to walk with a stick but are otherwise 100% fit.

    It's miraculous how someone could be "cured" in the space of a year, going from 20 points to being perfectly fit!

    chinna - you're going to have fight the decision. Follow FTW's advice. It would help to get an advisor involved. Appeals fought by advisors have a much higher success rate. See if your father's council has Welfare Officers (different councils use different names for these), or try CAB or DIAL.

    I think providing the interpreter was actually a good thing - trying to keep you out of the room was not. I wouldn't go to a medical with ATOS on my own. They knew you were coming with your father and should have made sure there would be enough room for all the people involved.
    I am going to fight, and I will post a update will go through a advisor. Thats the thing I dont understand how can you in the same assesment go from 20 to 0 within 12 months.

    The interpreter was their decision but I had been to 2 of these assesments with my dad before and they never had a problem and in the form we clearly stated that i would be bringing my dad and translating for him. The problem we had was that the recepionist was stopping me going with my dad and when they did agree she said 3 times to me that i could not talk in the room. It just came across as if it had been planned.
  • chinna
    chinna Posts: 89 Forumite
    Make sure your dad applies for JSA and signs on regularly whilst the appeal is in progress. At least he will have some money coming in that way. Once his appeal is successful his money will be backdated.
    He's not capable of going and signing on, he just cant walk his knees are that bad swollen. And also I have to take day of work to take him.
  • melbi_uk
    melbi_uk Posts: 438 Forumite
    chinna wrote: »
    I am going to fight, and I will post a update will go through a advisor. Thats the thing I dont understand how can you in the same assesment go from 20 to 0 within 12 months.

    The interpreter was their decision but I had been to 2 of these assesments with my dad before and they never had a problem and in the form we clearly stated that i would be bringing my dad and translating for him. The problem we had was that the recepionist was stopping me going with my dad and when they did agree she said 3 times to me that i could not talk in the room. It just came across as if it had been planned.


    My daughter came in with me and she did most of the talking for me.(I speak English!) You have been treated very unfairly and I hope you get justice.

    Good luck with the appeal x
  • chinna
    chinna Posts: 89 Forumite
    Apparently as soon as you have been failed it stops - what happens whilst you appeal may be ESA at JSA rate. However we were advised that many people who are refused ESA cannot cope with or understand the JSA system due to their disabilities so will be without any money if they fail to sign on.

    Thats right they have stopped it and said apply for jobseekers allowance.
  • nad1611
    nad1611 Posts: 710 Forumite
    edited 18 March 2011 at 4:38PM
    Just because he walks with a stick, doesn't mean that he can't do any work. I think it's really accommodating of the organisation that an interpreter was arranged; I can't see how you could object to that.

    I think if her father has severe Arthritis walking with a walking stick is not going to be his only incapacity I think she used the stick to illustrate his condition further. The fact that they got an interpreter was thoughtful, but I believe you were absolutely right to go in with him, I would never go into an assessment without someone for moral support, anyone whose ever been to one will know how it feels.

    I have had experience of Assessors writing things differently to what I said which made a huge impact on my score.

    Since that time I make sure I have all blood tests, scans, Consultant letters etc to hand and I've found I've gone through each time. I think if they can see you're a genuine case you'll be okay, although I have also heard some horror stories about people who haven't scored enough who seem to be about to expire( well not literally but you know what I mean).

    The trouble with Arthritis it can be an incredibly painful illness, but to the outsider there's nothing to see.Things you can do in the morning you couldn't repeat later in the day. Making it difficult to keep any sort of job going.

    You need to ring the Benefits Agency tell them you do not agree with the decision and ask for all documentation which led to the making of the decision for your father. You don't need a slicitor but you will need to have all your evidence corroborated and to tell the tribunal exactly what your father is able to do.

    You'll be able to see if any of your descriptions do not match with the descriptions written by the assessor and you'll be able to see what your best line of attack should be, for example if they have said your father does his own washing and you have said he can only put washing in a washing machine once a week because of bending etc then that would be something you could challenge, because I believe I'm right in saying, it's what can be done most often or not done. So if you can only manage something once a week because of pain I believe you'd be assessed as not being able to do it.

    Anyway if you need further help once you've got your evidence back then come back, try and feel optimistic, it's a scary time but if you know your father's a genuine case then things should go your way.
    Good Luck
  • chinna
    chinna Posts: 89 Forumite
    melbi_uk wrote: »
    My daughter came in with me and she did most of the talking for me.(I speak English!) You have been treated very unfairly and I hope you get justice.

    Good luck with the appeal x

    Thank you. I just wanted to share the experience for anyone in a similar postion as its supposed to be a fair assesment.
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