My Nightmare ESA - Does the left know what the right is doing

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  • Seriously do the NHS know that they are missing on some amazing doctors and health care professionals, that ATOS employ?

    I mean according to my doctor, my partner is unable to work due to acute- severe pain from osteoarthritis, and possible sciatica, yet Atos found him fit for work.

    Our Doctors practice is thinking about putting in a complaint about Atos, as they are undermining professionals, what a waste of an education, when obviously atos know best.

    I am also putting in a big complaint to atos, and I know several benefits advisors who work for trade unions who are. I also have my MP on side, to get this mess sorted out, as Atos are destroying lives, and costing the country more money due to appeals. As people with no evidence don't appeal.
  • Hi i was wondering if someone cold help i had my tribunal for esa and was awarded it i was told i would be on the support group but on the decision notice it says.....is entitled to esa with the work related activity because i scored 15 points on the work capability assessment but mentions nothing on there about support group???? just says 1a please help! :(
  • Muttleythefrog
    Muttleythefrog Posts: 19,742 Forumite
    First Anniversary Name Dropper First Post
    diane212 wrote: »
    Hi i was wondering if someone cold help i had my tribunal for esa and was awarded it i was told i would be on the support group but on the decision notice it says.....is entitled to esa with the work related activity because i scored 15 points on the work capability assessment but mentions nothing on there about support group???? just says 1a please help! :(

    Might be worth quoting it in full if possible and we'll see.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    Why do you need to get sick notes if you're being transferred from IS to ESA? This is not necessary, the transfer should just go straight ahead, subject to you passing the medical of course. There is no 13 week assessment phase for IS/IB transfers.

    I've been told it sick notes from the start, whic is half the mess, as went from IS as lone parent to esa, (sept 2011) so for the 1st 12 weeks that was classed as transational period, my esa rate was topped up with a disability premium.
    Then from 31st Dec - that started as my ESA assesment phase, I was told by my lone parent advisor as being disabled and my medical history that I needed asick note, from the Sept, - was apparently incorrect.

    When I rang the other week I was told that I needed a sick note even on assesment stage. Whether the advisor was right or wrong, got no idea, not being down this route before just at a total loss.
    xx rip dad... we had our ups and downs but we’re always be family xx
  • appellant is entitled to esa with work related activity component because i scored 15 points on the work capability assessment.
    the descriptors satisfied in schedule 2 esa regulations 2008 as substituted by schedule 1 esa amendment regulations is !(ai)-15 points
    the descriptors satisfied in schedule 3 esa regulations 2008,as substituted by schedule 2 ase regulations is 2011,is 1(a) ??????????
  • Muttleythefrog
    Muttleythefrog Posts: 19,742 Forumite
    First Anniversary Name Dropper First Post
    edited 13 March 2012 at 1:15PM
    diane212 wrote: »
    appellant is entitled to esa with work related activity component because i scored 15 points on the work capability assessment.
    the descriptors satisfied in schedule 2 esa regulations 2008 as substituted by schedule 1 esa amendment regulations is !(ai)-15 points
    the descriptors satisfied in schedule 3 esa regulations 2008,as substituted by schedule 2 ase regulations is 2011,is 1(a) ??????????

    Gosh.. never seen one before but that sounds complicated. Let me see.

    Schedule 3 relates to LCWRA.. Support Gp... it seems to me they have applied descriptor 1a... which is also a qualification descriptor for Support Group.

    I'm hoping someone can untangle the jargon.. but my reading is they found 1a to apply:




    Cannot either
    1. mobilise more than 50 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or
    2. repeatedly mobilise 50 meters within a reasonable timescale because of significant discomfort or exhaustion.

    And so say that you satisfy LCWRA test (qualification for Support. Gp) based on the same descriptor. (some of the 15 point LCW descriptors are also LCWRA descriptors).

    Hopefully someone better qualified will confirm... but my reading is that you were correctly informed. I presume you have significant mobility difficulties?
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • thanks so does it seem i have been put in support group as i was worried they had said i was but put it wrong on the decision notice, thanks for all your help =)
  • mum2one
    mum2one Posts: 16,279 Forumite
    Xmas Saver!
    diane212 wrote: »
    thanks so does it seem i have been put in support group as i was worried they had said i was but put it wrong on the decision notice, thanks for all your help =)

    That brilliant news, glad you got sorted.

    Just got exocted saw a brown envelope, but it was just to say the esa goies up in April, to £71 - thats still based on the assesment rate. x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • john10000
    john10000 Posts: 68 Forumite
    First Post First Anniversary Combo Breaker
    Seriously do the NHS know that they are missing on some amazing doctors and health care professionals, that ATOS employ?

    I mean according to my doctor, my partner is unable to work due to acute- severe pain from osteoarthritis, and possible sciatica, yet Atos found him fit for work.

    Our Doctors practice is thinking about putting in a complaint about Atos, as they are undermining professionals, what a waste of an education, when obviously atos know best.

    I am also putting in a big complaint to atos, and I know several benefits advisors who work for trade unions who are. I also have my MP on side, to get this mess sorted out, as Atos are destroying lives, and costing the country more money due to appeals. As people with no evidence don't appeal.


    i agree and so you should complain its the only way things will change, on my report from atos it was clearly stated that i was not suffering from any disease would be fit to go to work in 3 month etc, but i was in pain and described all my symtoms as honestly as i could, i did have a disease on the day of the examination which was proved by my claim for industrial disease benefit being back dated to before that day, how can a person make such a a statement without doing tests on a individual and providing evidence to back that up, it should of said we are unable to confirm this individual has a disease,we are unable to confirm when this individual can start work again,this report is a legal document and the decision maker who gets the blame all the time is only using this to make their decision so its very important for it to be as accurate as possible basically never commit yourself to make any comments unless you are 100% correct but i suppose that s a way a profesional thinks which says it all really,my report was totally undermined at my appeal you just did not know what was right or what was wrong, if i had a doctor to exam me the whole situation would of been so much different !!!!!
  • ~Chameleon~
    ~Chameleon~ Posts: 11,956 Forumite
    First Post Combo Breaker
    edited 13 March 2012 at 2:52PM
    mum2one wrote: »
    I've been told it sick notes from the start, whic is half the mess, as went from IS as lone parent to esa, (sept 2011) so for the 1st 12 weeks that was classed as transational period, my esa rate was topped up with a disability premium.
    Then from 31st Dec - that started as my ESA assesment phase, I was told by my lone parent advisor as being disabled and my medical history that I needed asick note, from the Sept, - was apparently incorrect.

    When I rang the other week I was told that I needed a sick note even on assesment stage. Whether the advisor was right or wrong, got no idea, not being down this route before just at a total loss.

    I don't understand why they are asking this of you. I was recently transferred from IS to ESA and all I had to do was fill out an ESA50 form and based on the information received on this form they transferred me straight to ESA, didn't even need a medical assessment. There was no transition period or assessment period, just a simple straightforward transfer, which is as it should be for those moving over from IS/IB.

    It sounds as though your lone parent advisor has made a complete hash of everything for you!! I'd get some independent advice if I were you as you shouldn't be providing sick notes and you should never have had to "make a claim" for ESA.


    ETA: Just a thought but on what grounds were you claiming IS? Lone parent or sickness? Presumably you also receive DLA if you get a disability premium? I think the answer to this question may well explain your problems.

    Has your youngest child now reached the age where you can no longer claim IS as a lone parent?
    “You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”
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