ESA Appeal advice needed

Uncertain

Oldernotwiser wrote: »

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

So, the system would rather I resign from my well paid job, which is open for me to return to if / when I'm better, and take some very basic low paid role. How is this a step forward or make any sense for me?

Oldernotwiser

Uncertain wrote: »

So, the system would rather I resign from my well paid job, which is open for me to return to if / when I'm better, and take some very basic low paid role. How is this a step forward or make any sense for me?

I hadn't realised that you were still employed. Surely you will have to resign anyway if your doctor says you're not able to do this any more?

Uncertain

Oldernotwiser wrote: »

I hadn't realised that you were still employed. Surely you will have to resign anyway if your doctor says you're not able to do this any more?

The legal advice is to sit tight and wait for the company to make the moves.

bestpud

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?

I don't know but I guess they are assessing your symptoms, not your condition, as it is presented to them and applying it to benefit rules and are probably more objective?

And I imagine specialists can become blinkered to the wider picture, as they deal with the specific of the diagnosis iyswim?

Oldernotwiser

Uncertain wrote: »

The legal advice is to sit tight and wait for the company to make the moves.

OK, I can see that the situation is more complicated than just applying for benefits.

Savvy_sewing

I thought that if your still employed you have to apply for statutory sick, which is higher then the basic ESA? As ESA is Employment Support i.e. to get you back into the work force.
I am on ESA, my doctors assessment at the meeting, said I would be more than 6 months before I could work, and now I have to attend work focused meetings. Even though my doctor/specialist dont think I am able to work either!.
But If I could find something that I could do with my current condition, then I would be out there doing it. Having been off work since September last year I am Bored with being at home. Not being able to do much, is so frustrating.

veggyboy

This is a tough one, I have today sent of the appeal form as requested with an attached sheet listing all the points I disagree with.
I have been diagnosed as having severe heart failure and will need to go on the transplant list (no gaurentee of this) I have a few years to live at best.
I had my assesment 2 weeks a go and also got a letter back saying I could work. I got no points at all and the doctor I saw even said if I could drive a manual car then I was fit enough to work. The doctor I saw was not an english speaker, I think she was from one of the eastern block countries. The sacary thing was she had to ask me what my drugs were and what they did ! After making me do a small fitness test, she then appologised for making me do them and had to wait to check my blood pressure untill I had got my breath back and my pulse had settled down. The stupid thing is I cannot walk far even with my stick, I sleep 16 hrs a day due to my condition and cannot even cook for myself.

So my advice would be to appeal, you have nothing to loose and a lot to gain.

Savvy_sewing

veggyboy wrote: »

This is a tough one, I have today sent of the appeal form as requested with an attached sheet listing all the points I disagree with.
I have been diagnosed as having severe heart failure and will need to go on the transplant list (no gaurentee of this) I have a few years to live at best.
I had my assesment 2 weeks a go and also got a letter back saying I could work. I got no points at all and the doctor I saw even said if I could drive a manual car then I was fit enough to work. The doctor I saw was not an english speaker, I think she was from one of the eastern block countries. The sacary thing was she had to ask me what my drugs were and what they did ! After making me do a small fitness test, she then appologised for making me do them and had to wait to check my blood pressure untill I had got my breath back and my pulse had settled down. The stupid thing is I cannot walk far even with my stick, I sleep 16 hrs a day due to my condition and cannot even cook for myself.

So my advice would be to appeal, you have nothing to loose and a lot to gain.

Your not in the Northamptonshire area are you? sounds like the doctor that saw me. She asked about what everything I took was for. Reading the packages too. She also commented on the fact that I had driven there. Even though I had told her it was difficult to do so.
But I was not turned down, just told I had to prepare to be able to work.

Uncertain

veggyboy wrote: »

This is a tough one, I have today sent of the appeal form as requested with an attached sheet listing all the points I disagree with.
I have been diagnosed as having severe heart failure and will need to go on the transplant list (no gaurentee of this) I have a few years to live at best.
I had my assesment 2 weeks a go and also got a letter back saying I could work. I got no points at all and the doctor I saw even said if I could drive a manual car then I was fit enough to work. The doctor I saw was not an english speaker, I think she was from one of the eastern block countries. The sacary thing was she had to ask me what my drugs were and what they did ! After making me do a small fitness test, she then appologised for making me do them and had to wait to check my blood pressure untill I had got my breath back and my pulse had settled down. The stupid thing is I cannot walk far even with my stick, I sleep 16 hrs a day due to my condition and cannot even cook for myself.

So my advice would be to appeal, you have nothing to loose and a lot to gain.

Many thanks for your post.

I have to say the situation you describe makes me really angry with the system. If you are not entitled then who is?

The Dr I saw was English, 70ish and reasonably polite. However, I did some research and found that he was a retired gastro consultant. I'm sure he was a great expert in that field but I wonder what, if any, training / experience he had for this current role.

We seem to be looking at a system that takes the view if you can stand up and string two words together you are fit to work!

I feel really sorry for those that are less able to fight their own corner.

healy

Uncertain wrote: »

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

Some people would find the appeal process too stressful or not be aware of their rights to appeal, I have certainly heard of such cases.

The situation with ESA is better in one way because you can retain the ESA assessment amount when you appeal. With IB/IS you would have to claim reduced rate IS or JSA.