Failed ESA Medical!!

Invasion

If you don't mind me asking, then if you can work 16 hours, then why were you applying for ESA?

I'm currently appealing an IB medical decision, I should have been awarded around 50 points (OT agrees) and got 10. The whole thing was ridiculous, he made his own decisions and took no notice of what I said, it was about 50 metres from the carpark and I was in my wheelchair, he took that as me being able to walk 400m, repeatedly! I collapsed after standing for about 90 seconds and in the report he said I could stand for 30 minutes! Apparently I was putting all my symptoms on, if only. I just about manage an hour a day, 4 days a week at college, and when I'm at home, I'm in bed recovering from that.

NASA_2

Garry_Anderson wrote: »

Most objective people will not fall for the propaganda though Essy mate.

Going from 0 points to 21 points - and all the other similar stories - just shows that these ATOS medicals are some sort of a con.

You are comparing sick people with well people and putting them in competition with each other for jobs.

Somebody with mental health problems or people with pain difficulties has not got the mental acuity to even do data entry - I use to manage clerical staff doing this sort of work - so should know what I'm talking about.

It is not about writing people off - the DWP don't care a fig about you if you are not claiming - obviously it is all about taking away claimants legal rights to benefit and cutting IB numbers.

How can they be entitled if they have failed the medical?

The small amount that are actually sick and appeal will hopefully be successful - the rest arent really sick. Like I said - the good thing is these medicals are objective.:beer::T:j

KrazyKel

The 16 hours a week will be a real struggle - but im giving it a go, ive only got this job a couple of weeks ago after being made redundant end of june - i was doing less hours there.
they have split my hours up into small days so i dont do much each day - and im hoping that this hydro and new tablets will help a little too and start to see some benefits!
Thats why i dont think ill appeal as i dont think my chances are good to get it considering a lot of things ive read.

sazale

My sister in law as been turned down. She has worked from being 16 (is now 42) as a home carer for the local council. She injured herself whilst doing her job and she has to have spinal surgery in September. her sick pay has run out and so she applied for ESa. She is still employed but not getting any income.

Garry_Anderson

Originally Posted by Garry_Anderson

Most objective people will not fall for the propaganda though Essy mate.

Going from 0 points to 21 points - and all the other similar stories - just shows that these ATOS medicals are some sort of a con.

You are comparing sick people with well people and putting them in competition with each other for jobs.

Somebody with mental health problems or people with pain difficulties has not got the mental acuity to even do data entry - I use to manage clerical staff doing this sort of work - so should know what I'm talking about.

It is not about writing people off - the DWP don't care a fig about you if you are not claiming - obviously it is all about taking away claimants legal rights to benefit and cutting IB numbers.

ESA wrote: »

How can they be entitled if they have failed the medical?

The small amount that are actually sick and appeal will hopefully be successful - the rest arent really sick. Like I said - the good thing is these medicals are objective.:beer::T:j

Duh - they were entitled and being paid benefit when the tests were clearly falsified e.g. to give zero points when they should have got 21.

How exactly are these tests in any way objective - when the ATOS representative are not interested in expert advise (e.g. pain clinic or surgeon) and the points awarded obviously don't relate to the actual medical condition of claimant?

NASA_2

Your talking about one situation - I am talking about in general - most decisions are the right decisions and are upheld by the Tribunal.

A small amount of people have been assessed wrongly and win on appeal.

The rest are not legally entitled to sickness benefit and should go back to work or claim JSA if they want state money.

Garry_Anderson

ESA wrote: »

Your talking about one situation - I am talking about in general - most decisions are the right decisions and are upheld by the Tribunal.

A small amount of people have been assessed wrongly and win on appeal.

The rest are not legally entitled to sickness benefit and should go back to work or claim JSA if they want state money.

You are taking the pee "assessed wrongly" - from zero to twenty-one - like Nelson when he said, "I see no ships" - they don't want to see that the people are too ill.

Indeed, many of these people are too ill to fight in appeal - the DWP rely on this e.g. the stress and effort of this procedure almost killed me - weight wise, I went down to below 9 stone - at 6 feet tall.

There is a systemic problem - and I'm certain you know it - all these cases on the many threads here are the tip of the iceburg - but I suppose you'd like to pretend that everybody who has been marked wrongly posts on this forum

NASA_2

Garry_Anderson wrote: »

You are taking the pee "assessed wrongly" - from zero to twenty-one - like Nelson when he said, "I see no ships" - they don't want to see that the people are too ill.

Indeed, many of these people are too ill to fight in appeal - the DWP rely on this e.g. the stress and effort of this procedure almost killed me - weight wise, I went down to below 9 stone - at 6 feet tall.

There is a systemic problem - and I'm certain you know it - all these cases on the many threads here are the tip of the iceburg - but I suppose you'd like to pretend that everybody who has been marked wrongly posts on this forum

There are millions of people on benefit and relatively few of them post on here. If people dont have the courage to fight a wrong decision them that, frankly, is their problem and not anyone elses.

BTW, who is to say that the person that gave 21 was not the person that was wrong, perhaps the 0 was right?

I'm not arguing this particular case though as none of us know enough to comment authoratively on it.

cit_k

ESA wrote: »

The good thing is that most appeals are being turned down because they are fair and objective.

Very few people are unable to do every job.

No longer will every claimant be written off:beer:

You have the statistics for ESA appeals?

Blimey even the house of lords could not get their hands on those recently when they needed them during the benefit reforms.

Thanks for letting us know the data is available though, I will have to put in a freedom of information request and qoute your statement so they cant say they dont know anything about how many appeals are being turned down.

cit_k

Uncertain wrote: »

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)!

I made the mistake of asking the DWP to do a reconsideration once, instead of just asking to go to appeal.....

I won the reconsideration, but what the sneaky people at the DWP do NOT tell you is if you go the reconsideration route, they can pull you in for ANOTHER new medical shortly after you have just had the last one sorted out at reconsideration.

If you go the appeal route, then they have to wait a longer period of time, usually recommended by the tribunal, before re-assessing you.