ESA Appeal advice needed

Uncertain

Having been off sick for some considerable time I've been claiming ESA at the initial "assessment rate". I had to attend their medical some weeks ago and have now received a letter saying I'm not eligible for ESA and it will therefore be stopped. This is despite both my GP and a Consultant saying I am not well enough to be at work. They have both confirmed this view in the last few days.

I gather I "scored" 6 points and 15 are needed when seen by a retired gastroenterologist earning some "pin money" with ATOS. Given that my illness is in a totally different area one wonders how he is qualified to decide?

Am I likely to have any success appealing the decision?

Also, even if I am unlikely to win an appeal are there any snags in having a go? As I understand it they continue to pay ESA if you appeal until the appeal is heard (3 months?). If this is the case why would anybody not appeal?

Thanks

Oldernotwiser

There can be a difference between whether your GP/consultant thinks that you're fit for your normal work and the question of whether you're fit for "work" per se. After all, as you said two months ago "Although three GPs and a consultant appointed by my employers have all signed me off sick from my current job, somehow I doubt I would be judged unfit for any kind of work at all."

nogginthenog

Uncertain wrote: »

Having been off sick for some considerable time I've been claiming ESA at the initial "assessment rate". I had to attend their medical some weeks ago and have now received a letter saying I'm not eligible for ESA and it will therefore be stopped. This is despite both my GP and a Consultant saying I am not well enough to be at work. They have both confirmed this view in the last few days.

I gather I "scored" 6 points and 15 are needed when seen by a retired gastroenterologist earning some "pin money" with ATOS. Given that my illness is in a totally different area one wonders how he is qualified to decide?

Am I likely to have any success appealing the decision?

Also, even if I am unlikely to win an appeal are there any snags in having a go? As I understand it they continue to pay ESA if you appeal until the appeal is heard (3 months?). If this is the case why would anybody not appeal?

Thanks

Firstly you need to get a copy of the ATOS doctors findings
You will need tangible reasons to appeal,...New evidence etc..or something the doctor did not take into account.
You also need a advisor..to go through the details with,....They will give you some input as to whether it is worth while appealing.

bestpud

I agree, it depends on the angle they are coming from really. The average GP/consultant probably isn't up to speed with the way ESA entitlement is assessed.

For example, are they saying you are not able to do the work you normally do, or any work?

Uncertain

Oldernotwiser wrote: »

There can be a difference between whether your GP/consultant thinks that you're fit for your normal work and the question of whether you're fit for "work" per se. After all, as you said two months ago "Although three GPs and a consultant appointed by my employers have all signed me off sick from my current job, somehow I doubt I would be judged unfit for any kind of work at all."

Indeed, and I was proved right!

But my questions are about whether there is any point in appealing (from the point of view of hoping to win) or any snag in doing so to get another few months ESA.

My current GP and the Consultant still consider me unfit for work.

Uncertain

bestpud wrote: »

I agree, it depends on the angle they are coming from really. The average GP/consultant probably isn't up to speed with the way ESA entitlement is assessed.

That is probably true but is the ATOS doctor, who's background was in a totally different field, somehow more qualified in my condition than my Consultant?

Oldernotwiser

Uncertain wrote: »

That is probably true but is the ATOS doctor, who's background was in a totally different field, somehow more qualified in my condition than my Consultant?

No, but he's probably more experienced in the requirements of ESA (as Bestpud said) and possibly the requirements of other types of work. I doubt that many consultants would know much about what a computer programmer does, or what an events co ordinator does or even what a life coach does, for example or how your condition might affect your ability to work in these areas. As you probably know, ESA is about what you can do rather than the fact that you can no longer do your normal job.

healy

Uncertain wrote: »

Indeed, and I was proved right!

But my questions are about whether there is any point in appealing (from the point of view of hoping to win) or any snag in doing so to get another few months ESA.

My current GP and the Consultant still consider me unfit for work.

If you think you can score the required points then it is worth appealing.

There is no snag to claiming ESA whilst you are waiting for your appeal, you will not have to pay it back if your appeal fails.

Uncertain

Oldernotwiser wrote: »

No, but he's probably more experienced in the requirements of ESA (as Bestpud said) and possibly the requirements of other types of work. I doubt that many consultants would know much about what a computer programmer does, or what an events co ordinator does or even what a life coach does, for example or how your condition might affect your ability to work in these areas. As you probably know, ESA is about what you can do rather than the fact that you can no longer do your normal job.

Now this is where I'm getting lost.

Presumably almost everybody who can get themselves to the medical and sit and answer the Dr's questions is able to do some, limited, amount of work if the right part time job is available?

Unless you are totally bed bound or have very severe mental issues how can anybody "pass" this nedical?

Uncertain

healy wrote: »

There is no snag to claiming ESA whilst you are waiting for your appeal, you will not have to pay it back if your appeal fails.

So, why would anybody NOT appeal in this case? It seems to me the whole process is badly thought out!

Oldernotwiser

Uncertain wrote: »

Now this is where I'm getting lost.

Presumably almost everybody who can get themselves to the medical and sit and answer the Dr's questions is able to do some, limited, amount of work if the right part time job is available?

Exactly! And that's my understanding of what ESA is all about; the vast majority of people can do some kind of work.