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Esa

24

Comments

  • andyandflo
    andyandflo Posts: 791 Forumite
    Mind you just thinking about it. I spend an awful lot of time on my laptop. I reply to postings, read articles etc etc. So maybe ATOS is right and I am fit for work. Now I am having problems in believing my own sanity!!!!
  • Molly41
    Molly41 Posts: 4,919 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Yes I agree that it sounds like you are very ill. However I thought from your previous posts that you had not revealed all of these illnesses on the ESA questionnaire? I also thought that you had not provided evidence of your illnesses either? So perhaps there is more to your case than meets the eye?

    I repeat that these forums often only focus on the negatives of the system and therefore dont reflect the reality of claiming ESA. For some people its not a struggle and I think that reading people's horror stories gives new claimants a false view and is a biased view at that. I know this because i was one of those people who got themselves in a right tizz this time last year and actually for me it was ok. Even though I had to attend the stressful medical and appeal the original decision. Of course my experience might change but I think perspective is very important and getting a balanced view for new claimants.
    I must not fear. Fear is the mind-killer.
    Fear is the little-death that brings total obliteration.
    I will face my fear. I will permit it to pass over and through me. When it has gone past I will turn the inner eye to see its path.
    When the fear has gone there will be nothing. Only I will remain.
  • andyandflo
    andyandflo Posts: 791 Forumite
    Molly41 wrote: »
    Yes I agree that it sounds like you are very ill. However I thought from your previous posts that you had not revealed all of these illnesses on the ESA questionnaire? I also thought that you had not provided evidence of your illnesses either? So perhaps there is more to your case than meets the eye?

    I repeat that these forums often only focus on the negatives of the system and therefore dont reflect the reality of claiming ESA. For some people its not a struggle and I think that reading people's horror stories gives new claimants a false view and is a biased view at that. I know this because i was one of those people who got themselves in a right tizz this time last year and actually for me it was ok. Even though I had to attend the stressful medical and appeal the original decision. Of course my experience might change but I think perspective is very important and getting a balanced view for new claimants.

    I would agree with your comments entirely. For some, they pass the test without a medical and others after the medical, but the statistics are I understand that 70% of those claiming ESA fail the medical and have to go to a Tribunal.
    And yes, I did not give any information on the ESA50 or advise the medical assessor of my illnesses other than 'Chronic Pancreatitis'.
    Good and genuine reasons for this - I have spent years and years caught up in the mental health system, secure psychiatric units, mind bending drugs etc etc etc. I dropped off the radar, stopped attending the mental health unit, stopped all my drugs and just wanted to be damn normal - like everybody else. I felt as though I was being punished for being mentally ill. I have learned to cope - well sort of - by being a recluse. My great fear in asking for help again is seeing the inside of another secure unit and being unable to feel because of the drugs they give you. Once in the system you have no personal rights except those laid down by the Mental Health Act when somebody reviews your case once a month. You have more rights and choices if you are in prison! So no, I'll put up with what I have now. By not admitting it does not mean that it isn't affecting me.
    As regards the Thrombosis, this has been under investigation since last year (well before the Medical Assessment), but the diagnosis did not come through until 4 days after it. This is a complication of Chronic Pancreatitis.
    The damaged pancreas, the surgery and the cyst is also as a result of Acute Pancreatitis which developed into the Chronic stage in 2004. The loss of enzymnes is as a result of the Chronic Pancreatitis, Type 1 diabetes is also as a result of Chronic Pancreatitis.
    My sick note says - Chronic Pancreatitis which is totally correct, I assumed that the DWP/ATOS would know what it is. They should if they were to look at their own DWP guide to illnesses & diseases - as per their handbook. I explained about the progressive disease that it is at the assessment but he took no notice.
    All but the mental health problem was disclosed one way or another. Anyway, I believed that you could only put on the ESA50 what the GP had put on the sick note.
    In hindsight, I now realise how important the ESA50 is. I have to be honest I only ticked a few boxes and gave no info whatsoever. It should show ALL of the complications of the main disease with notes of how these affect my life. But no one told me!
    It's like having heart disease on your sick note but not going any further into describing the fatal consequences that would face you and the complications that arise.
    In summary I agree that I am the author of my own misfortune and should have laid it on thick both on the ESA50 and/or at the assessment. As regards the mental health issue, there is no way that I am going to be stigmatised again, so that will have to be forgotten about.
    There is a moral here, fill the damn ESA50 form in with as much info as possible even if it takes a week to complete - not like mine, done in 10 mins!
    I am sorry if I sounded like I was having a 'pop' at you, but to be honest I am as frustrated over the whole ESA system as I am of myself for allowing it all to happen - hence the original question if I can bring up matters that I kept quiet about on the ESA50 and at the medical even though they are all, apart from the mental health one, related to the disease and are as a result of its progression.
  • Molly41
    Molly41 Posts: 4,919 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I did not think you were having a "pop" at me. Likewise I was not casting aspersions on your case. I have read your posts with interest and hope that I have been able to make suggestions, particularly regarding the access to medical notes and keeping copies of clinic letters. I think you make some very valid points in your last post and time should be taken to fill in the ESA50 with the greatest care and attention to detail and accuracy. If in doubt get help with this. Really good luck with your tribunal.
    I must not fear. Fear is the mind-killer.
    Fear is the little-death that brings total obliteration.
    I will face my fear. I will permit it to pass over and through me. When it has gone past I will turn the inner eye to see its path.
    When the fear has gone there will be nothing. Only I will remain.
  • actionman_3
    actionman_3 Posts: 142 Forumite
    Mind you just thinking about it. I spend an awful lot of time on my laptop. I reply to postings, read articles etc etc. So maybe ATOS is right and I am fit for work. Now I am having problems in believing my own sanity!!!!

    LOL That isnt as stressful as ft job. It sounds like if you disclose your mental illness that you might be excluded from the medical. My friend has a psychosis and a history like yours and he was exempt from medical.

    I have had various mental health probs from being a child due to the adoption not being screened.I am not going into details on here but employers would just dump any job applications in the bin like they did previously years ago. Staff telling my friends well you can pick up litter-thats if anyone will employ them to pick up litter.

    The gov has to look at all this. If employers are discriminating and I read that only 2% of people with a cpn have a job,then putting them on JSA when its not designed for long term living will just lead to more people being turfed out of their homes due to debt.

    I have been given a pathways to work thing which I have to attend 6 times. I have never heard of it.My support worker says one client just decided he wanted to do a little computer course and thats all he had to do.

    Someone mentioned work and benefits site is good for info but there is an £18 fee.
    If you find something irritating in my post or that you disagree with,then please don't jump on me ,just please ignore my post.I have come to the site for useful information and not to argue. thanks.
  • actionman wrote: »
    LOL That isnt as stressful as ft job. It sounds like if you disclose your mental illness that you might be excluded from the medical. My friend has a psychosis and a history like yours and he was exempt from medical.

    I agree totally.

    The newness of ESA means a lot of folks are not really understanding the process of how it works.

    There's a lot of emphasis on the "medicals" rather than the gathering of your own evidence on which a decision could be made well before it gets to this stage.

    The ESA advice from DWP (and other organisations) about the process is ambiguous at best, as it should be made glaringly obvious that when you apply initially for ESA, that you should include as much medical evidence as possible to back up your claim from day 1. It should also point out that the initial decision on LCW does not automatically require a medical, but that the need for a medical (even having to fill out the ESA50 form) is triggered by the lack of evidence which they can make a decision on.

    To many people are relying on the forms and medicals, only realising after they get rejected for ESA that they could have and should have provided their own evidence from doctor, consultants, etc.

    This also makes the appeal more problematic as only the evidence (or new supporting evidence to explain/clarify the original evidence) given to the DM at the time the claim was decided is relevant/allowed at this stage.

    I wish I knew this before I applied as I now have the medical evidence to prove I have LCW but have triggered the ESA50 request! This form is proving to be a test of my creative skills (i.e. in hammering a square peg into a round hole) to make my illness fit it's limited scope :mad:
  • actionman_3
    actionman_3 Posts: 142 Forumite
    What if you are already on Income support but still need to go for a medical?

    Do they send you a questionnaire or IB50 form? I am not applying for ESA.

    I am also required to go for 6 monthly interviews. I dont understand any of it. I was called into a lone parent interview and then she said you do why you are here. Then handed me a leaflet for pathways to work. My support worker said that its 6 weeks. The dss woman said 6 months. Why cant the dss send you information out before you go down there.

    Maybe the dwp are making it as ambiguous as possible in order for people to get passed. They seem to be saying to people "well you can pick up litter or do a bit of this or that." Is that the criteria required to declare you fit for work.
    If you find something irritating in my post or that you disagree with,then please don't jump on me ,just please ignore my post.I have come to the site for useful information and not to argue. thanks.
  • actionman_3
    actionman_3 Posts: 142 Forumite
    http://www.benefitsandwork.co.uk/?tried=1

    Benefits and work site a member recommended but there is fee of £18
    If you find something irritating in my post or that you disagree with,then please don't jump on me ,just please ignore my post.I have come to the site for useful information and not to argue. thanks.
  • cit_k
    cit_k Posts: 24,812 Forumite
    I agree totally.

    The newness of ESA means a lot of folks are not really understanding the process of how it works.

    There's a lot of emphasis on the "medicals" rather than the gathering of your own evidence on which a decision could be made well before it gets to this stage.

    The ESA advice from DWP (and other organisations) about the process is ambiguous at best, as it should be made glaringly obvious that when you apply initially for ESA, that you should include as much medical evidence as possible to back up your claim from day 1. It should also point out that the initial decision on LCW does not automatically require a medical, but that the need for a medical (even having to fill out the ESA50 form) is triggered by the lack of evidence which they can make a decision on.

    To many people are relying on the forms and medicals, only realising after they get rejected for ESA that they could have and should have provided their own evidence from doctor, consultants, etc.

    This also makes the appeal more problematic as only the evidence (or new supporting evidence to explain/clarify the original evidence) given to the DM at the time the claim was decided is relevant/allowed at this stage.

    I wish I knew this before I applied as I now have the medical evidence to prove I have LCW but have triggered the ESA50 request! This form is proving to be a test of my creative skills (i.e. in hammering a square peg into a round hole) to make my illness fit it's limited scope :mad:

    You are not limited to only information seen by the DM at appeal.

    You can provide any relavent evidence you wish, its up to the tribunal what they accept, but they are not as strict as a normal court, and will allow far more.
    [greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
    [/greenhighlight][redtitle]
    The impact of this is to stigmatise people on benefits,
    and we should be deeply worried about that
    [/redtitle](house of lords debate, talking about Cameron)
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    The ESA50 is easy to fill in - people should stop whining about the forms and get it filled in as quickly and accurately as possible.
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