ESA Appeal advice needed

seeya23

k.p.johnson wrote: »

I am a single person who work's, would I be entitled to working tax credits. I pay rent and council tax and earn ; £ 23, 000. a year, but have lot's to pay out and am in a lot of debt and am struggling. ?

no you need to earn less than £13.000

gibboelli

Does anyone know how long it usually takes for the Job centre to send you the full medical report? Been waiting 2 weeks now and still nothing. I have tried ringing up but you know what the lines are like, on hold for over half an hour. Any experience anyone?

MissAnslow

Hi

I've been claiming ESA since April 2010, Due to the fact I was in a car accident in March, which has left me with severe back problems, problems with my right leg, travel discomfort and severe travel anxiety. I've been having physio since July and it has had no effect, in fact it's made it worse. I went to the medical in August and I felt the doctor there didn't listen to a word I said and wrote down what he wanted to. As a result of this I score 6 out of the 15 points needed, with the report stating I can walk perfectly for long periods of time, yet I can't walk further than 100 metres before having to stop, I can stand for 30 minutes before having to sit, yet if I was to do this my back would jar, and it takes anywhere between 15 minutes and 3 hours to sort out, and it's the same for sitting, maximum time I can sit or stand is 10 minutes. It was also stated that I can see without any difficulty yet I wear glasses for a lazy left eye. Since having the medical my problems have got worse, and I'm on tramadol, paracetamol, diclofenac, amitriptlyne and diazepam 4 times a day for the pain, and as you can imagine these drugs make me very drowsy and occasionally sick. I have put the appeal form in yet I am so worried that I wont win, and that they will again think I'm faking it when I'm genuinely not. I'm 19 years old and would love nothing more than to work yet due to the problems I'm having I can't and it's very depressing . I would just like to know how long I'm looking at with an appeal and if I am still going to get money whilst waiting on it.

Many Thanks

sunnyone

MissAnslow wrote: »

Hi

I've been claiming ESA since April 2010, Due to the fact I was in a car accident in March, which has left me with severe back problems, problems with my right leg, travel discomfort and severe travel anxiety. I've been having physio since July and it has had no effect, in fact it's made it worse. I went to the medical in August and I felt the doctor there didn't listen to a word I said and wrote down what he wanted to. As a result of this I score 6 out of the 15 points needed, with the report stating I can walk perfectly for long periods of time, yet I can't walk further than 100 metres before having to stop, I can stand for 30 minutes before having to sit, yet if I was to do this my back would jar, and it takes anywhere between 15 minutes and 3 hours to sort out, and it's the same for sitting, maximum time I can sit or stand is 10 minutes. It was also stated that I can see without any difficulty yet I wear glasses for a lazy left eye. Since having the medical my problems have got worse, and I'm on tramadol, paracetamol, diclofenac, amitriptlyne and diazepam 4 times a day for the pain, and as you can imagine these drugs make me very drowsy and occasionally sick. I have put the appeal form in yet I am so worried that I wont win, and that they will again think I'm faking it when I'm genuinely not. I'm 19 years old and would love nothing more than to work yet due to the problems I'm having I can't and it's very depressing . I would just like to know how long I'm looking at with an appeal and if I am still going to get money whilst waiting on it.

Many Thanks

Are you seeing a pain managment specialist?

Pain is like diabetes or heart disease according to my pain doc, all you can do is try to treat it and keep it undercontrol with drugs and other therapies that help.

They can really help with the pain and they can also refer you to a physcologist to help you to deal with the anxiety caused by the crash, I was disabled in an accident 20 years ago and Im still a bad passenger but I no longer cry and try to hide under the dash every journey.

I also wouldnt drive for many years, even though I wasnt driving when the crash happened and the physcologist can also help with that, if/when you drive. I drive with hand controls because I cant use my legs since the crash and I had to relearn to drive with them but there are regional mobility centers to help with that.

Appeals are taking a long time at present but it depends on where you live, you will get ESA at the assessment rate while you appeal if you tell them thats what you want and your appeal is accepted, have you officially appealed in writing? They will reconsider your claim as soon as you appeal and my husband was put into the support group on reconsideration after our MP intrvened and passed on addition evidence from his specialists.

HellsGranny

My son also 'failed' his ATOS assessment for ability to walk, which happened the day after he had a MRI. He used crutches to walk after an accident whilst on New Deal. His benefit was stopped as he also only gained 6 points.

As he was awaiting surgery we firstly asked for them to look again, stating that it appeared strange that someone on crutches and awaiting surgery could be assessed fit to work.

He had his surgery on 26th August, and on September 1st (5 days later) the look again happened and was upheld in ATOS' favour. So we started the appeal process and got our MP involved.

I sent them photos of the surgery as well as the certificates, but they didn't resume payments , stating that there was a certificate missing, despite the fact that it appeared in the Pack they had sent to us of their judgement.

I sent back a copy of the original certificate, a photocopy of the original as it appeared in their pack (highlighting the dates received), also a duplicate certificate reissued by the GP.

A few weeks later they admitted their mistake and made an extra payment of £50 because of their error.

We are now awaiting the Tribunal, although my son is now jobseeking again, without the need for crutches.

It's going to be interesting.

dazzadub

i have just made a claim for esa.

i have prolapsed disc in my spine which has collapsed onto my nerve which is causing sciatcia in both legs.

i have been to the spinal assesment unit where they have done a mri
this shown the problem and how bad it is.
this has been like this for 3 years so the recovery process is going to take a while.

i do use a stick sometimes. i cant sit for no more than 5 ins with out being in pain, cant stand for to long and cant work for long with out stopping.
i have bowel movements about 4-5 times daily and cant control some.
i struggle to lift anything and certainly cant touch my toes.

i have been refered to a surgeon where they will give me a spinal cord stimulator fited until im able to have my op to try and repair or remove the damaged disc,

can some one please tell me if i will get esa

my doctor, and spinal specailist seem to think im un fit for all types of work as anything i do can slip another disc very easily and leave me in a position where i couldnt move. even a cough or sneeze can cause me probs


whats my chances

JACKCAT

i havemulti level stenosis and spinal and cervical osteoarthritis with bulging lumbar discs i failed my esa medical with 0 points i sent and faxed some letters from my doctor and chronic pain consultant yesterday only to be told it had gone to tribunal that day! co incidence? i dread the tribunal but i am not going to back down now even though the outcome is probably not going to change anything any advise on help with the tribunal and where i can get help

dramsay

hi i am on esa ,, i have been for about 2 years and this october and i recieved a letter saying i was fit for work ,, but nothing has changed since the medical before that i have got worse since the,, so now i am getting the standard rate of esa which is nothing ,, i am in the process of appealing i got told the appeal can take up to 6 months hope some of this helps .

Hastobe_Katt

I'm probably going to get shot down in flames now but...I do agree with the concept of ESA. I have a genetic condition that causes multiple joint and soft tissue problems and, as a consequence, worked on a voluntary basis for the national charity that supports others with the same condition. I have also worked full-time from the age of 16 until June of this year (I'm now 49). For me, although going to work wasn't easy (and my numerous surgeries etc tested the patience of my employers somewhat!) I found that working was a big help. It gave my own income, dignity, a social circle, mental stimulus and structure to my day. Via the charity, I have seen the same for others with the same condition. They were a whole lot better for working.

The difficulty is finding an employer that is supportive. It is sad that there isn't more focus from HMG on supporting employers who have less able employees rather than just cutting benefits. Both are needed to effect change.

With regard to the disability benefits system, my only experience to date has been via my mother who applied for DLA a few years ago. At the time, she was waiting an aortic valve replacement and triple bypass, had just had double pneumonia (because of her congenital heart problem) and a mastectomy just a few months earlier for breast cancer. She has DDD at multiple levels in her lumbar spine and severe hip arthritis (inoperable because of deformities in her femur due to childhood rickets) now so severe her hips slid in and out of their sockets. The assessing doctor didn't have an adequate command of English, had her climbing stairs (which exhausted her - and which her cardiologist said she is absolutely not supposed to do - she has a stair lift installed...at her own expense). Result - she had a cardiac arrest within hours of his visit and spent that night and the next few nights in hospital.

She was turned down. We were furious and wanted to make a formal complaint and appeal. Mum was so traumatised that she swore she would never ever go through that again. She still struggles financially but there is no way she will be moved.

I honestly think that most people are refused on the initial assessment as a policy - so that only the most persistent claimants succeed.

I have just submitted a claim for DLA - on the advice of my blue badge assessment nurse who was shocked I wasn't already claiming. However, given the experience of my mum, I expect to be turned down - and I'm not sure that I have the stubbornness to keep appealing.

cit_k

welshmoneylover wrote: »

I have great sympathy for people at the moment being on esa due to this present economic crisis. I certainly don't berate them for being on their bums all day.

I do find it very difficult when people come on here asking for advice because their esa has been stopped after claiming it so easily for many years and they can no longer claim it for anxiety and depression, and when it's suggested they *shock horror* may be better off *emotionally* trying to find work then there is a backlash.

I find on this board, the word *work* is rather dirty to some people. This, too, I find difficult.

The magic word *benefits* is more highly respected.

It has been proved by the medical profession that people with depression are better off in some sort of work environment rather than sitting in the house looking at four walls claiming benefits.

Surely having an adult conversation within a social group is more beneficial to the human well being.

I hope someone can see what message I'm trying to convey.

So you should be able to link to the scientific proof, that shows that all types of work, are beneficial for all people with all types of depression under all circumstances then?

And explain the anonomaly of people whose mental health suffers in the workplace for various reasons?