Failed ESA Medical!!

KrazyKel

I Got a letter today saying that ive failed my ESA Medical, i need 15 points and got 0!!!! Dont know how they came to that but im gutted! I knew my chances were slim tho, as ive seen a lot of posts on here about how many fail.

I currently work around 13 hrs a week within the permitted work rule with ESA and im wondering now what my options are - i cant work full time! it hurts just doing what im doing now, plus with hydro 2 times a week now its getting too much. - I Get High rate mobility DLA and also Middle rate care too!

Im not even sure if its worth appealing ESA - as its so much hassle (Already got my DLA Renewal pack to do this week) and chances arent good

What other options are there?

honeyD

Hi, cant really help with your question but I am going through the appeal route at the minute for Incapacity Benefit. I got 2 points :rolleyes: The Atos woman put all of the answers the opposite of what I had said and took no notice of anything I wrote on the IB form submitted before the medical.
I read something interesting the other day. Apparently, if you fail your medical and appeal then ATOS get fined and if you appeal and win they dont get paid.
It was somewhere on the www.youreable.com site. So, if you dont appeal and just take the decision when you know it is the wrong one, you are letting them get paid for lying.
Good luck with whatever you decide.

KrazyKel

How do i appeal? and is it worth asking for a copy of the doctors report?
Im thinking *if* i can manage to a few more hours at work, i might be entitled to working tax credits, which might be a lot less hassle than the ESA route.
I had to go to docs monday and im on new tablets now and with hydro i hope i can manage it

honeyD

KrazyKel wrote: »

How do i appeal? and is it worth asking for a copy of the doctors report?
Im thinking *if* i can manage to a few more hours at work, i might be entitled to working tax credits, which might be a lot less hassle than the ESA route.
I had to go to docs monday and im on new tablets now and with hydro i hope i can manage it

It should say in your letter how to appeal, but I had a legal advice team write me a draft letter to say I was appealing the decision and I called the DWP to ask for the medical report and they sent it out to me. You only get 14 days to appeal so you have to be quick about it if you choose to. I wouldnt just go with the draft letter though, be more specific, I think thats why mine failed the first appeal I was in a rush to send it in so didnt have any time to add more. Going the tribunal route now.. not looking forward to it.

healy

KrazyKel wrote: »

How do i appeal? and is it worth asking for a copy of the doctors report?
Im thinking *if* i can manage to a few more hours at work, i might be entitled to working tax credits, which might be a lot less hassle than the ESA route.
I had to go to docs monday and im on new tablets now and with hydro i hope i can manage it

You need to complete form GL24, this is available from the DWP or on the internet or you can write a letter saying you want to appeal and why.


http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514


It is worth asking for a copy of the Doctors report because then you can go through it and detail anything you disagree with. It will be sent with the bundle of papers you will be sent later if your appeal goes to a tribunal but you can request it beforehand if you want to.

You have one month to lodge the appeal.

cozza

Hi krazykel
Get the form or write asp to say you want to appeal get as much info on your illness from your doctor so you can send that at later date
I had my medical turned down i scored zero as well but i appealed that to was turned down so it went to a tribunal wwhich i got my doctor to help me i had my tribunal hearing on 7/7 and i scored 21 on there points so i won my case so it is worth appealing and going to tribunal it does take a bit of time but it is worth it in the long rung good luck
cozza

Uncertain

I sent in a significant amount of medical evidence with my appeal and also highlighted the points on which this did not agree with ATOS.

In my case, based on this, the DWP decided to reverse the decision without it going to a formal appeal.

You can claim basic rate ESA whilst the appeal is pending. If you don't urgently need the money and think you may not win, you might as well stretch the process out for as long as you can (but take care not to get timed out)!

Garry_Anderson

cozza wrote: »

Hi krazykel
Get the form or write asp to say you want to appeal get as much info on your illness from your doctor so you can send that at later date
I had my medical turned down i scored zero as well but i appealed that to was turned down so it went to a tribunal wwhich i got my doctor to help me i had my tribunal hearing on 7/7 and i scored 21 on there points so i won my case so it is worth appealing and going to tribunal it does take a bit of time but it is worth it in the long rung good luck
cozza

Gosh - from 0 points to 21 points - quite a massive difference - anybody looking objectively from the outside would think these ATOS medicals are some sort of a con

KrazyKel

I still dont know what to do, I rang tax credits today to ask them if i could get working tax credits if i did 16 hours and they said i should get around £85 per week, which seems that may be the best option (rather than appealing and going on the assessment rate of ESA during the appeal)
Plus i dont know if i can go though all this appeals process again! - i got my renewal DLA pack this week too - i got help with that last time as its so hard to fill in, and got the High Rate Mobility- Middle Rate care)

chnelomi

Garry_Anderson wrote: »

Gosh - from 0 points to 21 points - quite a massive difference - anybody looking objectively from the outside would think these ATOS medicals are some sort of a con

They definitely seem to be on their own little world my sister was refused and one of the points was her being able to walk unaided now considering at the time she was just after a botched operation and could not walk due to an incorrect pin being in her foot that was stabbing her muscle when she put any pressure on it and it was catching the other pins making a revolting pop grind noise yuck!
And my dad has hallucinated from pain with his back he has 2 vertebrae missing and another is just a wedge and they said they could not confirm the injury. they didn't even look at the x-ray he gave up.

Edit to add about my sister they cant operate because of the damage and need to wait at least a year possibly more before they remove the pin and if they cant replace it due to damage she may loose her foot.

ladylumps45

i would appeal it for sure if you feel that it is unfair which you do.go for it.you can do it.go girl !!!:T