tribunal

andyandflo

sunnyone wrote: »

The minute we got my husbands failed medical letter we were very angry and we acted and within a month he was in the support group, thats the normal reactions to failing the medical and not "forgetting" about it.

Your reactions arnt typical for anyone suffering anxiety and deppression.

I am sorry if you believe that that these actions aren't typical. Maybe you are able to understand the 'system'! Have you tried to find the help? The first thing as the previous post said - you tend to bury your head - yes that IS normal! It is a very harrowing experience even making the claim never mind dealing with the aftermath of a medical. I'm quite intelligent and switched on, and yes I was angry when I received my assessment - 9 points. But I just couldn't face anymore of it all and wrote to the DWP telling them that the medical report did not reflect what was discussed. I felt that there was no point in arguing with them over their decision as the facts are as stated irrespective of what was said at the medical, and there can be only one decision - the right one, they get paid to make correct decisions no matter if you don't agree with them. I told them to cancel the claim as I could not even consider the thought of arguing in front of a Tribunal. What is wrong - is the lack of quality help right from the start - someone to take over and get it right first time round! Your comments are not at all helpful to this person - what she should have is help to try to solve where she is now!
Me, well, looking for the help now to put in a new claim as my health has deteriorated due in part to the 'system'!!!

sunnyone

andyandflo wrote: »

I am sorry if you believe that that these actions aren't typical. Maybe you are able to understand the 'system'! Have you tried to find the help? The first thing as the previous post said - you tend to bury your head - yes that IS normal! It is a very harrowing experience even making the claim never mind dealing with the aftermath of a medical. I'm quite intelligent and switched on, and yes I was angry when I received my assessment - 9 points. But I just couldn't face anymore of it all and wrote to the DWP telling them that the medical report did not reflect what was discussed. I felt that there was no point in arguing with them over their decision as the facts are as stated irrespective of what was said at the medical, and there can be only one decision - the right one, they get paid to make correct decisions no matter if you don't agree with them. I told them to cancel the claim as I could not even consider the thought of arguing in front of a Tribunal. What is wrong - is the lack of quality help right from the start - someone to take over and get it right first time round! Your comments are not at all helpful to this person - what she should have is help to try to solve where she is now!
Me, well, looking for the help now to put in a new claim as my health has deteriorated due in part to the 'system'!!!

Theres plenty of help available, we looked for it before his medical because we knew everyone was failing and kidney failure isnt covered by the medical, like 95% of illnesses/conditions and thats why we knew what to do and how to fight it, not because we knew that system.

My husbands 51 and he had only 5 months on the sick in decades (and that was due to a work injury) before he came home ill from work last year, he sought medical help and was told hes seriously ill and he will never get better, the best we can hope for is no worse but thats not enough to pass the WCA.

Theres advice everywhere and we took some convincing that MPs could help at all, we thought that they only looked after themselves but we were proved wrong and thats why I tell everyone to do the same thing.

There are plenty of places like here that are a mine of help for information about ESA, information given freely to those who ask and IMO the OPs actions werent typical of someone with anixety and depression especially after hearing other peoples stories on here, your entitled to your opinion and I hope that you can fight your own case better this time round and reading as many threads here and elsewhere about ESA certainly cant hurt.

andyandflo

sunnyone wrote: »

Theres plenty of help available, we looked for it before his medical because we knew everyone was failing and kidney failure isnt covered by the medical, like 95% of illnesses/conditions and thats why we knew what to do and how to fight it, not because we knew that system.

My husbands 51 and he had only 5 months on the sick in decades (and that was due to a work injury) before he came home ill from work last year, he sought medical help and was told hes seriously ill and he will never get better, the best we can hope for is no worse but thats not enough to pass the WCA.

Theres advice everywhere and we took some convincing that MPs could help at all, we thought that they only looked after themselves but we were proved wrong and thats why I tell everyone to do the same thing.

There are plenty of places like here that are a mine of help for information about ESA, information given freely to those who ask and IMO the OPs actions werent typical of someone with anixety and depression especially after hearing other peoples stories on here, your entitled to your opinion and I hope that you can fight your own case better this time round and reading as many threads here and elsewhere about ESA certainly cant hurt.

Hi, It was never my intention to suggest that you had not worked hard for your claim. And yes I do agree that sites like this are an excellent source of information. What I was trying to say in the first place, is that there should be help available on how to complete the form ESA50. It's a terrible form to get to grips with and patience of course runs out after a short period of time. I didn't realise how important the form was, my fault of course, but some practical help along the way would have been a godsend. My patience ran out after page two! I gave the briefest of info in it and expected that I would be able to discuss my illnesses with the medical assessor.
I certainly know what it is like to live on a knife edge. I became ill in 2004, which became serious in Mar 09. I have Chronic Pancreatitis which has led to a Cyst developing within it, in addition I have permanent Thrombosis of the two large veins to the liver and have now developed varicose veins in the stomach wall which bleed internally at regular intervals. Pain - self dosing 100mgs of Morphine twice a day. Can't walk, sit, stretch, carry, push, lift etc etc. and given max 7 years!
As I said some MP's seem good others - not interested!
Anyhow I am still in the same boat no doubt having to complete another ESA50 and take it from there.
Where did you find the help that you needed?

leasky30

ive still not herd about my decision, i thought i would have it by Monday but nothing as off yet

cit_k

sunnyone wrote: »

The minute we got my husbands failed medical letter we were very angry and we acted and within a month he was in the support group, thats the normal reactions to failing the medical and not "forgetting" about it.

Your reactions arnt typical for anyone suffering anxiety and deppression.

They can be, everyone reacts differently, and people have different levels of depression/anxiety too.....

cit_k

leasky30 wrote: »

well tomorrow ive got my tribunal for esa, after getting 0 points, but looking through my paper work ive noticed there was only scores wrote in the physical bit but nothing in the part for the mental side of it, so basically they gave me 0 points just cause im physically fit but nothing for my anxiety or depression, the medical only lasted about 14mins and it was a bit of a rush, she never really asked me about my anxiety and that just asked if i can go to the shops and stuff

I understand you have already had the tribunal, but can you confirm what type of medical you had?

Did it consist of asking you to move around/perform physical tasks, or did it consist of lots of questions about your typical day, your mental health etc, or was it both?

Its just because ny first medical, which was supposed to be on mental health grounds, they gave me a completely physical examination only.... Scored 0 on physical, and 0 on mental...

The DWP deny I ever had that medical, they deny I have had another one as well, and have lost all the 'paperwork' for others.....

leasky30

went in and sat down, the nurse asked me, how i got to the medical, who i live with, do i go to the shops, if i cook, description of my trypical day, watch tv and read the paper, can i go visit friends, thats about it

dmg24

leasky30 wrote: »

went in and sat down, the nurse asked me, how i got to the medical, who i live with, do i go to the shops, if i cook, description of my trypical day, watch tv and read the paper, can i go visit friends, thats about it

That is correct for a MH assessment.