Employment Support Allowance Medical!

geministar2008

If i have to appeal the decision do they reinstate your ESA ASAP, obviously as long as i submit my medical certificates? Do they reinstate as soon as you call them to tell them you are appealing, or do they only reinstate payments once they receive your appeal form?

Uncertain

AngelBadger wrote: »

[Healy said:
I am very surprised that the Pathways to Work team have given you that advice as it is incorrect and bad advice. You should answer the questions based on a typical or average day.

They may have asked for information from your Doctor but this does not happen all the time.

If you pass the medical you will to not have to submit further medical certificates.]

I'm guessing that you have no knowledge of depression and anxiety as there is no 'typical' or 'average' day. This thought process of having a 'typical/average day' which is also within the benefits systems drives me insane.

My advice to anyone going for a medical with a non-physical illness would be to be totally honest but expect them to say you're well enough to work. Funnily enough no-one tells you what they think you can actually do, I'd be eager to hear it.

I had the new type of medical in Sept 09 for incapacity benefit due to anxiety and depression. The Dr was condescending and down right rude to me but thankfully my interview was short. During my interview he made numerous calls to his garage to organise a service on his car (during which I was getting more and more anxious), when he'd finished on the phone he said to me "you know since some of us work for a living we have to organise these things whilst at work". I was furious.

They gave me 7 points, which is 3 less than needed to be allowed to carry on claiming. Most of their reasoning for me being well enough to work was because I can drive. It was mentioned over 10 times in the report. I was advised to appeal and was told that atm people were struggling with passing the medical on non-physical grounds.

I was then told to claim ESA (apparently I shouldn't have been put onto this) which meant that within the month I was back having a medical again. This time they said there was absolutely nothing wrong with me. Less than a month had passed and yet I had apparently gone from 7 points to none at all.

The most ridiculous thing about this is that the first medical I wasn't too bad mentally, yet the second one I wasn't having a great day at all. I had to take my Mum with me, I couldn't concentrate on the questions asked, coudn't make eye-contact, was fidgitty, I just wasn't with it at all.

Another thing about these medicals which baffles me is the difference between the questions asked and the list of issues you get scored on. I didn't get asked about half of the stuff I was actually scored on. I even showed my Mum to ask her if I'd forgotten them, and she agreed I hadn't been asked.

I also went to see my Dr as it said on my letter that they had been asked to help. My GP said that the form they are asked to fill in does nothing to help a case like mine as it is all ticking boxes and mostly about physical ability.

Sorry for the rant but these medicals have affected me badly.

I don't mean to scare anyone, but I just wish I'd been prepared to be told that I was well enough to work when it's so obvious that I'm not. I wish I was.

PS. Just wanted to add that I'm still awaiting a date for my tribunal regarding my original medical. I've been told it won't be until March at the earliest, which will have been 6months. Apparently the old system had a wait time of approx 8weeks. For people appealing I highly recommend going to see the citizens advice bureau, they have someone who can advise you and attend the tribunal with you.

Was somebody with you at this medical and witnessed the doctor behave in this way?

If so, I would make an immediate complaint to the General Medical Council.

Obviously you are quite entitled to make a complaint if you were there on your own but, sadly, he will no doubt deny it.

ankspon

I had mine done and even though i was put in the work focus group(wrong)it wasn't that bad.I had a job i loved and had to retire on ill health,the retirement process was done by ATOS who awarded me the highest pension and said i wasn't fit for any kind of work,then i claimed ESA and ATOS put me in the WFG.I went to my first WFG meeting and they said i should not have been put in this category and will defer my appointments.

healy

geministar2008 wrote: »

Healy when you say i will have to attend the third one, is this still the case although i cancelled the first and they cancelled the second. If you see my point?

What happens if my anxiety etc is so bad on the day that i just cannot get out the house, i sometimes can go 7 days + without going outside. At what point would they say right we are coming to you?

Whatever happens with mine i will appeal, my doc says there is just no way the moment that i can work, my shrink says the same.

I dont drive and i cant get on a bus as this makes my situation worse i also live in a seasonal seaside town, where work is next to none these days anyway.

And Angel Badger i am sorry to hear of your awful experience i will prepare myself for having a rude doctor also. That is just disgusting, did you make an official complaint. I worry about complaining as i dont really have it in me these days and i then think they may think i'm ok when i'm far from ok.

I think it is 2 cancellations by the claimant that is allowed but the best thing to do would be to contact ATOS and see what they say.

They would only do a home visit if you get a letter from your Doctor saying you require a home visit and they agree to this.

healy

geministar2008 wrote: »

If i have to appeal the decision do they reinstate your ESA ASAP, obviously as long as i submit my medical certificates? Do they reinstate as soon as you call them to tell them you are appealing, or do they only reinstate payments once they receive your appeal form?

They will pay you the assessment rate of ESA once they receive your appeal if you appeal after failing the medical.

NEH

geministar2008 wrote: »

Hi all, well would you believe that after having to reschedule my medical assesment app due to having flu and the heavy snow. This appointment was cancelled by them due to doc being ill, this i heard about a couple of hours before my appointment!

As you can imagin the frenzy i had worked myself into in the days running up to this appointment, the panic attacks, the lack of sleep and the lack of being able to eat. This took the biscuit and has left me feeling very very low! Which i guess will go for me when i finally get my assessment.

My next question is this i am now in week 18 of the low rate of ESA, as its only the first 13 weeks you are on this lower rate. If they allow you to stay on ESA do they backdate your higher rate money to week 14?

Second, how many times can an assessment appointment be rescheduled before they refuse your claim? My argument with them was that as my friend had taken a day of work to bring me to my appointment, what do i do if the next appointment you offer me i cannot make due to my supporting friend not being able to make it due to work commitments?

This whole process is making me feel so ill i really do not know what to do or expect anymore.

Yep same thing happened to me with my first appointment. Couple of hours beforehand....All well and good but as you say if you have someone going with you then it isn't always convienent to reschedule....I can really sympathise, I had to wait another month for mine...

hannahO_2

AngelBadger wrote: »

[Healy said:
I am very surprised that the Pathways to Work team have given you that advice as it is incorrect and bad advice. You should answer the questions based on a typical or average day.

They may have asked for information from your Doctor but this does not happen all the time.

If you pass the medical you will to not have to submit further medical certificates.]

I'm guessing that you have no knowledge of depression and anxiety as there is no 'typical' or 'average' day. This thought process of having a 'typical/average day' which is also within the benefits systems drives me insane.

My advice to anyone going for a medical with a non-physical illness would be to be totally honest but expect them to say you're well enough to work. Funnily enough no-one tells you what they think you can actually do, I'd be eager to hear it.

I had the new type of medical in Sept 09 for incapacity benefit due to anxiety and depression. The Dr was condescending and down right rude to me but thankfully my interview was short. During my interview he made numerous calls to his garage to organise a service on his car (during which I was getting more and more anxious), when he'd finished on the phone he said to me "you know since some of us work for a living we have to organise these things whilst at work". I was furious.

They gave me 7 points, which is 3 less than needed to be allowed to carry on claiming. Most of their reasoning for me being well enough to work was because I can drive. It was mentioned over 10 times in the report. I was advised to appeal and was told that atm people were struggling with passing the medical on non-physical grounds.

I was then told to claim ESA (apparently I shouldn't have been put onto this) which meant that within the month I was back having a medical again. This time they said there was absolutely nothing wrong with me. Less than a month had passed and yet I had apparently gone from 7 points to none at all.

The most ridiculous thing about this is that the first medical I wasn't too bad mentally, yet the second one I wasn't having a great day at all. I had to take my Mum with me, I couldn't concentrate on the questions asked, coudn't make eye-contact, was fidgitty, I just wasn't with it at all.

Another thing about these medicals which baffles me is the difference between the questions asked and the list of issues you get scored on. I didn't get asked about half of the stuff I was actually scored on. I even showed my Mum to ask her if I'd forgotten them, and she agreed I hadn't been asked.

I also went to see my Dr as it said on my letter that they had been asked to help. My GP said that the form they are asked to fill in does nothing to help a case like mine as it is all ticking boxes and mostly about physical ability.

Sorry for the rant but these medicals have affected me badly.

I don't mean to scare anyone, but I just wish I'd been prepared to be told that I was well enough to work when it's so obvious that I'm not. I wish I was.

PS. Just wanted to add that I'm still awaiting a date for my tribunal regarding my original medical. I've been told it won't be until March at the earliest, which will have been 6months. Apparently the old system had a wait time of approx 8weeks. For people appealing I highly recommend going to see the citizens advice bureau, they have someone who can advise you and attend the tribunal with you.

Would it be better to bring a voice recorder/mp3 player or something to record the meeting if there is no one to witness a meeting for you? Of course tell the doctor that you are going to record the conversation and put it on the table

sunnyone

hannahO wrote: »

Would it be better to bring a voice recorder/mp3 player or something to record the meeting if there is no one to witness a meeting for you? Of course tell the doctor that you are going to record the conversation and put it on the table

Youve got no chance of the nurse/doctor agreeing to have the assessment recorded.

Jowo_2

You may find this link helpful to understand a bit about the assessment.

http://www.depressionalliance.org/PDF/employment-support-allowance-depression-ssau08.pdf

geministar2008

thanks for link Jowo will have a read.

I think if we wish to record the assessment we should be able to, its all well and good all these benefit phone lines saying we may be recorded for whatever purpose, but we cant record them. Hardly right is it?