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My Nightmare ESA - Does the left know what the right is doing
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# 21
john10000
Old 13-03-2012, 8:30 AM
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Originally Posted by Badgersbabe View Post
Tell me about it Hun I have been on assesment rate for nearly 9 months now.I have 3 sons I have struggled daily to make ends meet.I eventually had my ESA tribunal on the 14/2 and won and was placed in the support group.Beleive me the nightmare does not end there.I am now waiting for all my backpay arrears to be paid and my correct ESA rate.This could take another month.You think when you go to appeal that its all over for a while but still it continues.How long you been on assesment rate?.Hope you dont have as long a wait as me.....

esa was a nightmare when i claimed a year ago and am sure it is worse now, to have to go to tribunrals to prove ur honesty not just yourself but doctors etc as well is all wrong waste of time and more importantly money,i honestly dont believe it has to be that complicated, the system in place i think is a good one but they miss one vital point that i feel is causing all the problems, everybody who claims should be filtered into 2 groups one group that has good medical evidence to support their claim and another group that has not,everybody is classed as the same dishonest etc and this is wrong, doctors,surgeons etc do not lie about their patients dont operate for the fun of it and deserve alot more respect than they get, i have my industrial disease medical tomorrow but i dont just go myself all my updated medical records which are legal documents go with me too which is very important if they decline you its not you its the medical evidence as well they are going against but it does make them think twice as they know you will just bounce back on appeal and more than likely win .
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# 22
Lady_strange
Old 13-03-2012, 11:18 AM
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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.
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# 23
diane212
Old 13-03-2012, 11:33 AM
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Default esa tribunal won

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!
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# 24
Muttleythefrog
Old 13-03-2012, 11:50 AM
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Originally Posted by diane212 View Post
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.
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# 25
mum2one
Old 13-03-2012, 11:52 AM
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Originally Posted by ~Chameleon~ View Post
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.
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# 26
diane212
Old 13-03-2012, 11:58 AM
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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) ??????????
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# 27
Muttleythefrog
Old 13-03-2012, 12:06 PM
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Originally Posted by diane212 View Post
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:

Quote:




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?

Last edited by Muttleythefrog; 13-03-2012 at 12:15 PM.
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# 28
diane212
Old 13-03-2012, 12:09 PM
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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 =)
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# 29
mum2one
Old 13-03-2012, 12:31 PM
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Originally Posted by diane212 View Post
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
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# 30
john10000
Old 13-03-2012, 1:33 PM
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Quote:
Originally Posted by Lady_strange View Post
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 !!!!!
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# 31
~Chameleon~
Old 13-03-2012, 1:47 PM
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Originally Posted by mum2one View Post
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?
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Last edited by ~Chameleon~; 13-03-2012 at 1:52 PM.
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# 32
Cpt.Scarlet
Old 13-03-2012, 2:49 PM
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~Chameleon~

I don't believe the OP was receiving IS due to Incapacity, but rather as a Lone Parent, as a result they would not be transferred from IS to ESA. In fact this is a new claim for ESA, which is why there is a 13 week assessment period.

The issue with the Fit Notes is because a GP cannot issue a Fit Note with a period longer than 3 months during the first 6 months of an illness.
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# 33
Anubis
Old 13-03-2012, 2:54 PM
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Quote:
Originally Posted by Cpt.Scarlet View Post
~Chameleon~

I don't believe the OP was receiving IS due to Incapacity, but rather as a Lone Parent, as a result they would not be transferred from IS to ESA. In fact this is a new claim for ESA, which is why there is a 13 week assessment period.

The issue with the Fit Notes is because a GP cannot issue a Fit Note with a period longer than 3 months during the first 6 months of an illness.
But she's been ill for longer as she had disability premiums on IS. Or do you mean they can only provide 3 month fit notes if none have been written previously for an illness?

My doctor gives me 1 year fit notes which I have to give in each year for SDA.
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# 34
Cpt.Scarlet
Old 13-03-2012, 3:00 PM
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Long term Fit Notes can only be issued after the patient has been receiving them for six months or more.
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# 35
Anubis
Old 13-03-2012, 3:02 PM
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Originally Posted by Cpt.Scarlet View Post
Long term Fit Notes can only be issued after the patient has been receiving them for six months or more.
Thank you for the clarification.
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# 36
mum2one
Old 15-03-2012, 1:38 AM
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Originally Posted by ~Chameleon~ View Post
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?
My claim for IS went through first then my DLA after, so I was claiming as a lone parent with the Disability top up, my daughter is 9 now, so we hit the 7+ barrier.

Even thou the change over was Sept last yr, I didn't get my EA50 till Nov last yr, that was back with them at start of Dec. x
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# 37
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Old 15-03-2012, 2:50 AM
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Quote:
Originally Posted by Cpt.Scarlet View Post
~Chameleon~

I don't believe the OP was receiving IS due to Incapacity, but rather as a Lone Parent, as a result they would not be transferred from IS to ESA. In fact this is a new claim for ESA, which is why there is a 13 week assessment period.

The issue with the Fit Notes is because a GP cannot issue a Fit Note with a period longer than 3 months during the first 6 months of an illness.
ur a gentleman, no-one would give me a striaght answer as to why they wouldn't take a 6 month note, they initially had a 3 month, then a 6mth, but they said they could only take a 3mth. x
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# 38
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Old 15-03-2012, 2:54 AM
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But she's been ill for longer as she had disability premiums on IS. Or do you mean they can only provide 3 month fit notes if none have been written previously for an illness?

My doctor gives me 1 year fit notes which I have to give in each year for SDA.
I've been disabled for 10 years, but the claim was based as lone parent, thats why i had to got through the ringer, with this ESA.

To be honest when I had my DLA renewed last yr it was put to indefinate, whereas before Id had a mixture of 3 and 2 year assesments. x
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# 39
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Old 05-04-2012, 1:01 AM
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A quick update, now out of my 13 week assesment period and no news, i asked for a copy of esa and am still waiting!

I'm working on the basis no news is good news.

Sods law back under the hospital noe for a new conditionm awaitng scan, biosopy and tests, - had the letter today to do self check in apointment, and I fo the end of April, good going for the NHS. x
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# 40
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Old 05-04-2012, 1:27 PM
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Good news in this mornings post, they've put me in the \work related group, and there backdating the difference back to 31st dec - get back pay £350.00. So the next step is to ask about cold weather payment, as there was 2 in my area, but had been in group been entitled to them.

I'm so relieved, as I couldn't face tribunal, - when I did the self assesment, I'd scored 75, and u needed 15 for support group, but getting into that is almost impossible, just one relief for now. xx
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