ESA Appeal advice needed

cit_k

Oldernotwiser wrote: »

You can never measure degrees of these things but, if you could, and the levels of depression were identical, then I think that it would be fair to say that the person who chooses to soldier on is better than the one that gives up.

Perhaps fortunately, this can never be put to the test.

Missing out on too many factors, not only would the levels of depression have to be identical, so would the symptoms, the jobs would have to be identical, the housing, the treatment, the support etc everything would need to be identical apart from one working, one not.

cit_k

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.

Yes, thats what ESA is about, as was IB incidentaly (in respect of the actual process that went on, which is quite different from what is legislated).

But, Its unlikely an atos assessor would be experienced in the requirements of ESA, they are supposed to be, but their training is not long enough to do anything more than touch on the basics.

Even less likelyhood an atos assessor would have a clue about different types of jobs, thats not something they are expected to know, nor is it something the assessment is concerned with at all.

Fridge3

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.

So if the advice was appeal = no chance (which I'm not saying would/not be the case), are you asking if extending the process would give you extended entitlement to ESA whilst you draw the process out?

Fridge3

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?

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

Why would anyone want to "pass" a medical that delares them unfit? The assessment focus's on what work can be done, not what can't. If people are found able to do some work that's a good thing, right?

Fridge3

Uncertain wrote: »

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

Because they are honest, realise the assessment was valid and actually they could do some work?

michaelberry

hi there i was reading some of the posts and i have a similar situation, i had surgery Christmas to find what was causing my condition after god knows how many blood tests and scans etc. which was inconclusive into what they where looking for. i see a chronic pain specialist and since Christmas have had 5 infections, ive been referred on to the haematologist now to see what he can see my doctors has signed me off for 6 months at a time for 2 years now, i went to this medical assessment i had to be chaperoned by a hospital paid taxi and a family member, i was in serious pain the whole time as normal, i could barely do any thing they askedin the assessment, and im also incontinent, well today they phoned and said that i have failed the test as i didn't get 15 points etc i will have to appeal. since the medical i have deteriorated more and continue to do so everyday, i never go out, so how can they judge on these assessments, and also when i went i took and extra pill to numb the pain just to get there and bk, its really winding me up cause 2 years ago i was cycling 10 miles a day taking my daughter for long walks on weekends, exploring old tunnels occasionally whilst working 9 hours a day weekdays my life has been flipped big time and just wish people like the advisor's/examiners would look a bit wider out the box then they go home with out a care how can they judge me so carelessly.

Muttleythefrog

michaelberry wrote: »

hi there i was reading some of the posts and i have a similar situation, i had surgery Christmas to find what was causing my condition after god knows how many blood tests and scans etc. which was inconclusive into what they where looking for. i see a chronic pain specialist and since Christmas have had 5 infections, ive been referred on to the haematologist now to see what he can see my doctors has signed me off for 6 months at a time for 2 years now, i went to this medical assessment i had to be chaperoned by a hospital paid taxi and a family member, i was in serious pain the whole time as normal, i could barely do any thing they askedin the assessment, and im also incontinent, well today they phoned and said that i have failed the test as i didn't get 15 points etc i will have to appeal. since the medical i have deteriorated more and continue to do so everyday, i never go out, so how can they judge on these assessments, and also when i went i took and extra pill to numb the pain just to get there and bk, its really winding me up cause 2 years ago i was cycling 10 miles a day taking my daughter for long walks on weekends, exploring old tunnels occasionally whilst working 9 hours a day weekdays my life has been flipped big time and just wish people like the advisor's/examiners would look a bit wider out the box then they go home with out a care how can they judge me so carelessly.

Yeah the assessments can be badly flawed.... they stick you on the conveyor belt.. ask some devious questions... write down some nonsense and then go home with little care no doubt. Request from DWP a statement of reasons for the decision and the ATOS medical report and any other evidence they used... and in the meantime try to get appointment with CAB or similar if you feel you'll need legal support. Good luck if you do appeal and if your condition does seriously deterioriate that may be sufficient to open up a new option of new claim at some point. Keep appointment letters etc with specialists/doctors.. and collect any evidence you can if possible to demonstrate you illness(es) and their impact especially if they relate to the descriptors for ESA.

stardust1970

Hi Muttleythefrog, I can sympathise with you, I was failed for ESA after a medical however at appeal I passed, but not because of the excruciating pain I'm frequently in, but because of mental health issues. You should consider that you may well be depressed as a result of your now very limited capabilities, compared to how you were before your injury/illness.
Good luck,
Stardust1970.