Double whammy in same post

Katykat

I'd appreciate some advice please. I'm on long term sick & about to be dismissed on incapability grounds. I had 3 artificial spinal discs last year, also have arthritis in both shoulders ( which are both "frozen" at present, both hands & 1 knee. Been on ESA for 4 months. I had my medical on 9/4 & at my first ESA Pathways to Work interview3 weeks ago, I was advised that I should have applied for DLA 10 months ago. Better late than never, I sent my application off that day ( in fact, my co ordinator sent it for me because I'm having difficulty writing right now ) I was expecting to wait at least 16 weeks.
However, I've had 2 letters today. One telling me that my ESA is being stopped & they enclosed my assessment shhet with the points they awarded me. The only area I scored any points (9) was REACHING AND RAISING ARMS. In SITTING & STANDING - I scored 0, even though I have difficulty standing. Even PICKING THINGS UP scored 0, dispite my surgeon emphesising NOT to lift anything at all. USING MY HANDS- scored 0, yet I cant grip a pen or comb. An interesting point in CONTROLLING YOUR BLADDER AND BOWELS - is says "you have a stoma but can control your bladder. Now I've NOT got a stoma & never had one. It makes me wonder if they've taken any notice of me at all. There is nowhere on the letter that tells me I can appeal this decision, just that I can apply again in 6 months if my condition worsens.
The 2nd letter is from DLA. It tells me I'm not entitled to DLA & the decision is based on the medical that I had at ESA. This makes it doubly frustrating. It tells me I can appeal within 1 month, but what do I do first, as it doesn't seem I can appeal DLA until I've sorted the ESA out, & there doesn't seem to be an appeal process for that. I do have my 2nd Pathways to Work interview on 25th.

nannytone_2

you should appeal the DLA decision. you need advice from CAB, DIAL or welfare rights.
unless youre confident about filling in your own forms , its always advisable to get help with them. its all about the detail!

healy

Katykat wrote: »

I'd appreciate some advice please. I'm on long term sick & about to be dismissed on incapability grounds. I had 3 artificial spinal discs last year, also have arthritis in both shoulders ( which are both "frozen" at present, both hands & 1 knee. Been on ESA for 4 months. I had my medical on 9/4 & at my first ESA Pathways to Work interview3 weeks ago, I was advised that I should have applied for DLA 10 months ago. Better late than never, I sent my application off that day ( in fact, my co ordinator sent it for me because I'm having difficulty writing right now ) I was expecting to wait at least 16 weeks.
However, I've had 2 letters today. One telling me that my ESA is being stopped & they enclosed my assessment shhet with the points they awarded me. The only area I scored any points (9) was REACHING AND RAISING ARMS. In SITTING & STANDING - I scored 0, even though I have difficulty standing. Even PICKING THINGS UP scored 0, dispite my surgeon emphesising NOT to lift anything at all. USING MY HANDS- scored 0, yet I cant grip a pen or comb. An interesting point in CONTROLLING YOUR BLADDER AND BOWELS - is says "you have a stoma but can control your bladder. Now I've NOT got a stoma & never had one. It makes me wonder if they've taken any notice of me at all. There is nowhere on the letter that tells me I can appeal this decision, just that I can apply again in 6 months if my condition worsens.
The 2nd letter is from DLA. It tells me I'm not entitled to DLA & the decision is based on the medical that I had at ESA. This makes it doubly frustrating. It tells me I can appeal within 1 month, but what do I do first, as it doesn't seem I can appeal DLA until I've sorted the ESA out, & there doesn't seem to be an appeal process for that. I do have my 2nd Pathways to Work interview on 25th.

You can appeal the ESA decision. You need to complete form GL24 which can be found online or you can write a letter saying you want to appeal and why.

Also you can claim ESA at the assessment rate whilst you are waiting for you appeal to be heard.

cit_k

Ring them up and ask for a copy of the medical report (its free and they will provide it).

Then contact welfare rights (or cab), the local council should be able to tell you of a local welfare rights if you dont already know of one.

Get the appeal in before the deadline, and dont be too shocked when you read the medical report, as you have probably already twigged it will be a work of fiction (which is often the case)

Katykat

Thanks folks for quick response. healy, is that correct that i can still get ESA whilst I appeal? how do I do that? I think I will definately go to see CAB. I didn;t realise they could help,

healy

Katykat wrote: »

Thanks folks for quick response. healy, is that correct that i can still get ESA whilst I appeal? how do I do that? I think I will definately go to see CAB. I didn;t realise they could help,

Yes you can, you just need to tell them that you want to claim when you send your appeal in.

daska

My WFHRA was a work of fiction so I know exactly how you feel!

Ring the ESA helpline number that you were given when you first applied, it's handled by different centres. They will send you an appeal form. It doesn't have to be detailed at this stage but it does need to be in on time so send it recorded delivery. If it helps, the advice I was given by the ESA helpline was "always appeal".

Ditto the DLA, the number for them is 08457 123 456

Welshwoofs

Op - sounds as though they got you completely mixed up with someone else!

My previous neighbour had an ESA medical and scored 5 - she wrote to appeal right away (I think she got a letter from her Doctor to back her up too) and was paid the assessment rate until her case went to tribunal - which she won.

Katykat

I have just rung DLA & the lady there told me that she would put in a Reconsideration & to send in as much info as i can to back this up. I'm about to do it now. I will also appeal the ESA decision. Welshwolfs, yes it does appear that they have got me mixed up. I find it hard to understand how they have me down as having a colostomy. Its not one of those things that can be misunderstood really. Like if I said I had arthritis in my left hand & they put it down as my right hand, I could understand that. Daska, I read on this forum that I could expect a work of fiction, so its really not much of a surprise., but a colostomy ????? ( OH had a laugh about it though)

G51shopaholic

Why r so many of these medicals being done incorrectly?

My advise is to

1. Take someone with you.
2. Print of the list of this they are supposed to check.
3. Get them ticked off one by one to make sure it's done right.

Katykat

Does anyone know what the maximum scores are for each catagory? I scored 9 in 1 catagory & none in any of the others. They say you need a minimum 15 points over all the catagorys.