Got a copy of my ESA Medical Report

flyer2306 · 18 October 2016 at 12:58PM

Hi all

Wish i didn't have this copy because of what it contains but i'm going to need it for tribunal again. to be honest i dont think i have the fight to do it again. I know im saying all this before the decision letter arrives but comparing to my previous medial report and this one with not much difference.. i know where it is going. cant see decision maker keeping me in support group with a report that suggests nothing for the support group

here is my story:

I had my ESA reassessment medical back in September. I'm already on ESA in the support group after taking my original assessment to appeal and won at tribunal.
I have managed to get a copy of my medical report today ( the assessment was recorded ) and i just broke down after reading through it. I cannot believe how many lies are written inside this even though it was audio recorded.

The only thing i can see throughout the report that awards anything is in the coping with social engagement and written there is Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual.

Everything else throughout the report is does not apply. I was shaking and in tears throughout the whole thing and on this report he has written coped well, neatly dressed, no rocking movements, good eye contact! I did not look at him once! i had my head in my hands and i'm pretty sure you could hear me on the tape in distress by crying and saying to my wife i want to go home.

There are things i would find hard to prove even with the recording which worries me more, for example saying i made eye contact isn't going to be proved by the tape.
I know exactly where this is going as i have compared it to my previous ESA medical report and the ONLY difference between the 2 in that my latest one has that social engagement written down which seems to only award 6 points.

Am i right in saying that there is no possible way i will stay on ESA? I've never read anywhere that someone has remained in the support group after such a disastrous report. I'm going out of my mind with stress now i know i'm going to be taken off ESA before i even get the decision.

NeilCr · 18 October 2016 at 1:41PM

Go for a mandatory reconsideration when you get the decision letter. You'll have four weeks to do that. During that time ESA will cease.

If the MR is unsuccessful then you can appeal. When the appeal is sent in you can go back on ESA until the tribunal hears your case

I'd strongly suggest getting support from CAB/local advice centre through the process

This
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

gives information on challenging an ESA decision

flyer2306 · 18 October 2016 at 1:50PM

Thank you for your reply.
Am i right in thinking that it will probably be a fit for work decision? I mean do they base the decision entirely on the ESA85 report. The reason i ask is because there are things that weren't even discussed at the assessment that i made clear on my ESA50 questionaire.

One thing was the coping with change and how i cannot cope with changes, This wasnt even mentioned to me by the "registered nurse" and in the report just has none apply.. Will the decision maker take into account things i have even put in my ESA50? I guess im looking for something positive to think i might still be awarded ESA. However if they are just gonna go on the medical report i can already see its a no as they have only seemed to awarded 6 points for social engagement

NeilCr · 18 October 2016 at 1:54PM

It's probably unlikely that it will get overturned on the MR. That just doesn't happen much. However, there is a good chance of the tribunal changing the decision - especially, if you get support from CAB/whoever

I can't comment on your own individual case but I do think it is worth going through the process

flyer2306 · 18 October 2016 at 1:59PM

It was never overturned at the MR stage on my previous assessment i had to take it to tribunal and was awarded 27 points and put in the support group under regulation 35.
The process last time was almost too much for me the thought of doing it all again is causing me serious distress.

NeilCr · 18 October 2016 at 3:43PM

flyer2306 wrote: »

It was never overturned at the MR stage on my previous assessment i had to take it to tribunal and was awarded 27 points and put in the support group under regulation 35.
The process last time was almost too much for me the thought of doing it all again is causing me serious distress.

Which is why I think you should get help and support

PHILANTHROPIST · 18 October 2016 at 3:43PM

Hi flyer. So sorry to hear about the distress you are experiencing. For what it's worth it sounds as if you have been wronged and it is commonplace for a tribunal to overturn unfair decisions. In the interim you will be able to continue receiving your benefit post MR as explained above.

When was your last medical/ WCA and tribunal hearing ?

Do any members know approx how long it is currently taking (on average) for ESA tribual appeals to be heard ?

NeilCr · 18 October 2016 at 3:48PM

PHILANTHROPIST wrote: »

Do any members know approx how long it is currently taking (on average) for ESA tribual appeals to be heard ?

We were discussing this in the office this morning. I am afraid it's an "it depends". I don't think we could even give you a decent guess for our area

While I understand the stress caused it would get flyer back on ESA for a reasonable time and if it was overturned at tribunal before, there has to be a good chance that will happen again.

flyer2306 · 18 October 2016 at 4:04PM

thank you all so much for replying to my post. I am really struggling to cope today. I just want to give up.. I know its silly because i havent got the decision letter yet.. But with this being the second time i've got a better idea how it works and which way its going to go by this report.

It was in November 2014 i won my tribunal. They suggested i not be reassessed for 18 months and they were almost bang on with the reassessment. I have already contacted my MP and i have logged a complaint with Maximus about the assessment. I am glad i got it recorded as there are things he has written in the report that are un true. He even stated about arm movements i did but he never asked me to.

Last time i had to claim JSA while going through the MR stage and it was horrendous, the staff at the job center didn't care about my situation and denied my request to see a disability advisor at the job center.

Something i put in my complaint to maximus was how the asssessor left certain parts on the report blank. Like the coping with change section which i fully completed on the EAS50. he asked me nothing about this during the assessment and just left it blank on the report. I was really struggling to cope and i couldnt concentrate as i was in tears so its probably my fault for not saying it and bringing it up but surely he should look through the esa50 properly and should of mentioned it?

NeilCr · 18 October 2016 at 4:22PM

We've generally found job centre staff are okay now and, I think as someone else said, there are a lot of these ESA/JSA/ESA cases about so they are used to them. I am assuming you can get fit notes from your GP?

I can't repeat enough that I strongly believe you should get help with this

Tommo1980 · 18 October 2016 at 4:28PM

Don't give up on getting an award. I know you want to be prepared for the worst. Hopefully the decision maker will consider all the information they have available to them, not just the WCA.

Tom

Got a copy of my ESA Medical Report

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