The ESA medical for people with anxiety and depression

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  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    If that is what their criteria are, and they do not follow them, any appeal is much stronger.
    They have some doctors carrying out assessments: there was an advertisement for more of them in one of the trade rags last month. Seemed a reasonable package for not very much work!
  • schrodie
    schrodie Posts: 8,410 Forumite
    Whether an appeals panel would take into account a failure by Atos to follow their procedures is a moot point.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
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    The criteria are just as strict for physical disabilities but people with MH conditions cant see it, nor can they see that most people with physical disabilies also have MH problems.
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
    First Anniversary First Post Name Dropper
    schrodie wrote: »
    Whether an appeals panel would take into account a failure by Atos to follow their procedures is a moot point.
    Hardly.
    There are published criteria against which a claim is assessed. If the assessor doesn't apply those standards correctly an appeal stands every chance of being successful.
  • Indie_Kid
    Indie_Kid Posts: 23,077 Forumite
    First Post First Anniversary Combo Breaker
    sunnyone wrote: »
    The criteria are just as strict for physical disabilities but people with MH conditions cant see it, nor can they see that most people with physical disabilies also have MH problems.

    I'm sure many do understand that.
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  • I had my medical in July 2010,
    2 weeks later i recieved a letter saying i passed the medical and would be in the work focused group.
    I claim for anxiety
  • Sorry to bump a relatively old thread, but my partner has been claiming ESA for depression since ~July this year, after 'passing' a medical first time around then.

    She was asked to attend another medical a few weeks ago, and despite her condition barely improving since the original one, doing everything by the book, attending sessions when requested, returning the plethora of forms they require on time, she just found out today that her ESA claim has now been denied.

    Three things make me angry about this; the main one being that her condition has barely improved since the original medical, so she still simply isn't capable of work. Second, she was told the payments have already been stopped - as of over a week ago - so they dump you in it with zero warning. And finally, a small one I suppose, the fact that it's just 10 days before Christmas. I can't believe they just call you up and say, "You know that money you rely on, which you were expecting in a few days... yeah, jog on, that's already stopped." :mad:

    She has asked for appeal forms, but can anyone enlighten me as to the process from here, likely outcomes, and what we can do in the meantime?
  • eve13_2
    eve13_2 Posts: 82 Forumite
    I had a trawl through that linky of Dr Cryto, and I'm a little confused. Are Cognitive and Mental Health assessed in the same section? My son's autistic which can CAUSE some mental health issues such as anxiety, depression, panic attacks and violent (to himself) meltdowns but his condition, strictly speaking has nothing to with mental health. Practically every study agrees its physical, ie the brain not the mind. The brain has to work very hard to rewire itself which is why they are overwhelmed with sensory information. We've got four scans of his brain from 4 different studies. Bet ATOS won't accept them! LOL
  • cit_k
    cit_k Posts: 24,812 Forumite
    Dr_Crypto wrote: »
    http://www.disabilityalliance.org/esahandbook.pdf

    The criteria are fairly clear. I work for the NHS as a doctor and am happy to try to answer specific questions related to them, but have never (and never intend to) done any benefits assessments.

    Without a copy of lima, your shooting in the dark though.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • cit_k
    cit_k Posts: 24,812 Forumite
    Tim_S wrote: »
    Sorry to bump a relatively old thread, but my partner has been claiming ESA for depression since ~July this year, after 'passing' a medical first time around then.

    She was asked to attend another medical a few weeks ago, and despite her condition barely improving since the original one, doing everything by the book, attending sessions when requested, returning the plethora of forms they require on time, she just found out today that her ESA claim has now been denied.

    Three things make me angry about this; the main one being that her condition has barely improved since the original medical, so she still simply isn't capable of work. Second, she was told the payments have already been stopped - as of over a week ago - so they dump you in it with zero warning. And finally, a small one I suppose, the fact that it's just 10 days before Christmas. I can't believe they just call you up and say, "You know that money you rely on, which you were expecting in a few days... yeah, jog on, that's already stopped." :mad:

    She has asked for appeal forms, but can anyone enlighten me as to the process from here, likely outcomes, and what we can do in the meantime?

    If you are going to appeal, you need to tell them as soon as possible of your intention to appeal. Tell them over the phone, and tell them in writing, if need be just a short letter stating your intention and that further information will follow shortly.

    Payment should resume at the ESA assessment rate during appeal (sorry not sure how long it takes them to sort that out).

    Appeals could take anywhere from a few months to a year to be heard, during which time you get ESA assessment rate.

    If you have no money in the mean time, and cannot borrow money from friends or family, then you could apply for a crisis loan from the DWP, this if granted, would be paid back in small installments once you were getting some benefit monies paid.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
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