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  • FIRST POST
    • flyer2306
    • By flyer2306 18th Oct 16, 12:58 PM
    • 29Posts
    • 1Thanks
    flyer2306
    Got a copy of my ESA Medical Report
    • #1
    • 18th Oct 16, 12:58 PM
    Got a copy of my ESA Medical Report 18th Oct 16 at 12:58 PM
    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.
Page 1
    • NeilCr
    • By NeilCr 18th Oct 16, 1:41 PM
    • 349 Posts
    • 310 Thanks
    NeilCr
    • #2
    • 18th Oct 16, 1:41 PM
    • #2
    • 18th Oct 16, 1:41 PM
    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
    Last edited by NeilCr; 18-10-2016 at 1:44 PM. Reason: More info
    • flyer2306
    • By flyer2306 18th Oct 16, 1:50 PM
    • 29 Posts
    • 1 Thanks
    flyer2306
    • #3
    • 18th Oct 16, 1:50 PM
    • #3
    • 18th Oct 16, 1:50 PM
    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
    • By NeilCr 18th Oct 16, 1:54 PM
    • 349 Posts
    • 310 Thanks
    NeilCr
    • #4
    • 18th Oct 16, 1:54 PM
    • #4
    • 18th Oct 16, 1:54 PM
    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
    • By flyer2306 18th Oct 16, 1:59 PM
    • 29 Posts
    • 1 Thanks
    flyer2306
    • #5
    • 18th Oct 16, 1:59 PM
    • #5
    • 18th Oct 16, 1:59 PM
    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
    • By NeilCr 18th Oct 16, 3:43 PM
    • 349 Posts
    • 310 Thanks
    NeilCr
    • #6
    • 18th Oct 16, 3:43 PM
    • #6
    • 18th Oct 16, 3:43 PM
    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.
    Originally posted by flyer2306
    Which is why I think you should get help and support
    • PHILANTHROPIST
    • By PHILANTHROPIST 18th Oct 16, 3:43 PM
    • 287 Posts
    • 162 Thanks
    PHILANTHROPIST
    • #7
    • 18th Oct 16, 3:43 PM
    Date of last ESA assessment/ medical ?
    • #7
    • 18th Oct 16, 3:43 PM
    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
    • By NeilCr 18th Oct 16, 3:48 PM
    • 349 Posts
    • 310 Thanks
    NeilCr
    • #8
    • 18th Oct 16, 3:48 PM
    • #8
    • 18th Oct 16, 3:48 PM

    Do any members know approx how long it is currently taking (on average) for ESA tribual appeals to be heard ?
    Originally posted by PHILANTHROPIST
    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
    • By flyer2306 18th Oct 16, 4:04 PM
    • 29 Posts
    • 1 Thanks
    flyer2306
    • #9
    • 18th Oct 16, 4:04 PM
    • #9
    • 18th Oct 16, 4:04 PM
    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
    • By NeilCr 18th Oct 16, 4:22 PM
    • 349 Posts
    • 310 Thanks
    NeilCr
    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
    • By Tommo1980 18th Oct 16, 4:28 PM
    • 83 Posts
    • 78 Thanks
    Tommo1980
    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
    • Alice Holt
    • By Alice Holt 18th Oct 16, 6:57 PM
    • 564 Posts
    • 510 Thanks
    Alice Holt
    Do appeal. But don't expect the decision to change at MR stage.

    For the MR - would it be possible to attach a copy of the Tribunal decision and a letter from your GP confirming that your condition has not changed since 2014?

    Info on Regulations 35 & 29 (significant risk to health) here:
    http://www.cpag.org.uk/content/making-exception

    I would strongly agree with NeilCr about getting help with the appeal.

    A couple of sites which may be useful:
    http://www.benefitsandwork.co.uk/employment-and-support-allowance
    http://www.advicenow.org.uk/guides/how-win-pip-appeal (Deals with PIP, but the appeal process is virtually the same as ESa).

    Good Luck
    • Alice Holt
    • By Alice Holt 18th Oct 16, 6:59 PM
    • 564 Posts
    • 510 Thanks
    Alice Holt
    Are you in receipt of PIP?
    • flyer2306
    • By flyer2306 18th Oct 16, 7:14 PM
    • 29 Posts
    • 1 Thanks
    flyer2306
    Hi Alice
    thank you for your reply. i do intend to appeal again. just waiting for the decision letter. I'm praying by some miracle that i'll continue esa.. but don't hold out much hope unless the decision maker takes notice of what is written in my ESA50.. but for them to take my word over the WCA report i find highly unlikely.

    I'm not getting PIP.. I've not claimed it as the process claiming esa since 2013 has been extremely stressful. A lot more stressful that i thought it would be. It seems PIP is harder to be awarded than ESA and if i'm struggling with an ESA Award i don't think i stand a chance with PIP. I'm a little more confident with my ESA as i have me previous trubinal award letter from 2014. I think the supporting letter from my GP for this assessment states how long i've had the conditions so i think that confirms nothings changed since last time;
    • poppy12345
    • By poppy12345 18th Oct 16, 8:04 PM
    • 462 Posts
    • 300 Thanks
    poppy12345
    Hi Alice
    thank you for your reply. i do intend to appeal again. just waiting for the decision letter. I'm praying by some miracle that i'll continue esa.. but don't hold out much hope unless the decision maker takes notice of what is written in my ESA50.. but for them to take my word over the WCA report i find highly unlikely.

    I'm not getting PIP.. I've not claimed it as the process claiming esa since 2013 has been extremely stressful. A lot more stressful that i thought it would be. It seems PIP is harder to be awarded than ESA and if i'm struggling with an ESA Award i don't think i stand a chance with PIP. I'm a little more confident with my ESA as i have me previous trubinal award letter from 2014. I think the supporting letter from my GP for this assessment states how long i've had the conditions so i think that confirms nothings changed since last time;
    Originally posted by flyer2306
    PIP and ESA are completely different. One is a disability benefit, people claim this and work as well. The discriptors are totally different. Take a look at this link. http://www.focusondisability.org.uk/personal-independence-payment-PIP-assessment-points.html it may be worth applying if you have difficulty in daily life, which is sounds like you do. No harm in trying and you maybe surprised.
    • Alice Holt
    • By Alice Holt 18th Oct 16, 8:38 PM
    • 564 Posts
    • 510 Thanks
    Alice Holt
    As poppy says no harm in trying for PIP.
    Perhaps after you've got the correct ESa decision.

    Your local CAB may be able to help with the form. Do have a chat with them.
    Some details about PIP:
    http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test
    • flyer2306
    • By flyer2306 18th Oct 16, 9:45 PM
    • 29 Posts
    • 1 Thanks
    flyer2306
    You are right, i have nothing to lose applying for PIP. I think i will, i feel i meet the criteria for it. I also want to say that i have today raised the issue with my MP and i've also filed a complaint with Maximus who did the assessment. Not hoping to get anything out of the complaint but it does say that if they look at the report and find any inaccuracies they will inform the DWP of them.

    All they need to do is listen to their copy of the tape recording and match it up to the report and they will see a LOT of differences.. I understand the DWP aren't interested in the tape recording and this will only come useful for tribunal is that right?
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