failed esa medical - advice re appeal letter pls

jennilb

Hello

I claimed ESA in August when my statutory sick pay ran out. I have since lost my job for being unfit to work. I have boarderline personality disorder (also know as emotion dysregulation disorder), generalised anxiety disorder and severe depressive disorder. I attended the medical on 30 October and have today recieved a letter saying I got 0 points.

I rang the helpline and was advised I could appeal in writing. I've asked for a copy of the medical report. The man on the phone seemed to be saying that I don't need to make my case for the appeal in the appeal letter itself, that I can wait for the tribunal to do that. Is that right?

Also, apparently I have to wait 5-6 months for the tribunal. Is that what other people are having to do?

I've spent the last 3 hours crying and am now in the 'disacossiation' phase so I'm sorry, I may be being a bit abrupt and I haven't been able to look for other threads on this. If there is a thread that answers my questions, I'd be grateful if you pointed me towards it.

Jenni

sp1987

Sadly I can't give you any advice but did not want to read and not reply.

There are lots of people on here who know a great deal about ESA and I am sure they will be along shortly to help you. Keep checking back

healy

jennilb wrote: »

Hello

I claimed ESA in August when my statutory sick pay ran out. I have since lost my job for being unfit to work. I have boarderline personality disorder (also know as emotion dysregulation disorder), generalised anxiety disorder and severe depressive disorder. I attended the medical on 30 October and have today recieved a letter saying I got 0 points.

I rang the helpline and was advised I could appeal in writing. I've asked for a copy of the medical report. The man on the phone seemed to be saying that I don't need to make my case for the appeal in the appeal letter itself, that I can wait for the tribunal to do that. Is that right?

Also, apparently I have to wait 5-6 months for the tribunal. Is that what other people are having to do?

I've spent the last 3 hours crying and am now in the 'disacossiation' phase so I'm sorry, I may be being a bit abrupt and I haven't been able to look for other threads on this. If there is a thread that answers my questions, I'd be grateful if you pointed me towards it.

Jenni

You can put your appeal in without going into detail so you lodge the appeal within the time limit but you have been given bad advice about waiting until the appeal itself before making your case. You should send a written submission before the appeal date. In order to do this you should get a copy of the medical report to see what has been said and what you do not agree with.

It would be a good idea to get help with the appeal submission from a welfare rights officer, these can be found at the CAB, Local Council and disability organisations like DIAL.

It will take a number of months before you appeal will be heard, usually 3 to 6 months.

jennilb

Hi

thanks so much for the answers. my boyfriend has written the letter now, so I get to fight the blackness and give copies to the job centre and HB people today. It asks for a copy of the medical report.

I'm so angry and miserable about this. And my psychologist is on holiday for 3 weeks.

Jenni

psi_ed

After appealing and attrocious decision of my ESA medical, I have just returned from my tribunal this afternoon. I am surprised to say that they decided in their wisdom to refuse my appeal. I say surprised as I presented a very good case on paper including a recent consultant phsychiatrist's report diagnosing PTSD, clearly showing I am not capable of working at present.
I had a representative from the CAB with me and I made a good case when answering their questions.
Apparently the panel we got was a bad one, some come down heavy some are more sympathetic, just pot luck who you get on the day.
BTW mentioned above, when you put in your appeal you should outline 2 or 3 of the indicators that affect you, preferably ones that score enough to make an award, such as avoiding social contact thru fear of anxiety, that scores enough points alone to qualify.

So now I am left having to claim JSA which i have never done in all my 30 year working life, not a clue how to go about it

dmg24

psi_ed wrote: »

After appealing and attrocious decision of my ESA medical, I have just returned from my tribunal this afternoon. I am surprised to say that they decided in their wisdom to refuse my appeal. I say surprised as I presented a very good case on paper including a recent consultant phsychiatrist's report diagnosing PTSD, clearly showing I am not capable of working at present.
I had a representative from the CAB with me and I made a good case when answering their questions.
Apparently the panel we got was a bad one, some come down heavy some are more sympathetic, just pot luck who you get on the day.
BTW mentioned above, when you put in your appeal you should outline 2 or 3 of the indicators that affect you, preferably ones that score enough to make an award, such as avoiding social contact thru fear of anxiety, that scores enough points alone to qualify.

So now I am left having to claim JSA which i have never done in all my 30 year working life, not a clue how to go about it

Maybe you just weren't entitled?

If you call the JCP you can start a JSA claim over the phone.

FTW

psi_ed wrote: »

After appealing and attrocious decision of my ESA medical, I have just returned from my tribunal this afternoon. I am surprised to say that they decided in their wisdom to refuse my appeal. I say surprised as I presented a very good case on paper including a recent consultant phsychiatrist's report diagnosing PTSD, clearly showing I am not capable of working at present.
I had a representative from the CAB with me and I made a good case when answering their questions.
Apparently the panel we got was a bad one, some come down heavy some are more sympathetic, just pot luck who you get on the day.
BTW mentioned above, when you put in your appeal you should outline 2 or 3 of the indicators that affect you, preferably ones that score enough to make an award, such as avoiding social contact thru fear of anxiety, that scores enough points alone to qualify.

So now I am left having to claim JSA which i have never done in all my 30 year working life, not a clue how to go about it

If you have to undergo another medical in the future, it's worth audio-recording it, and that way you'll have a much stronger case overall when appealing it - provided that the tribunal accepts it as evidence (some do, some don't).

BTW - what was so bad about the panel?

birdgirl_2

Company Name0870 / 08710844 / 084501 / 02 / 03FreephoneOther InformationAtos Healthcare 020 8633 1300 0800 2888777 Atos Healthcare 0113 230 9175 0800 2888777 The 0113 2309175 number is for their complaints department, but you can phone 0800 288 8777 and ask to be put through.Atos Healthcare 0845 612 2524 020 7830 4444 Connects to main switchboard you can then ask for department or serviceAtos Origin IT Services UK Ltd 0113 230 3343 Number for the Complaints department and is the parent company for Atos Healthcare ATOS Worldline (Premier Inn Business account payme 0870 608 8666 01543 464999 You can ring on this number and be put through to the relevant department, also 01543 574010 and Fax number 01543 463805Peninsular Toshiba 0845 880 4545 0117 301 5080 Fax: 0117 9641077

Info Center