Dads failed ESA medical..any advise?

dee123

Hello

I am looking for some advise, My dad has been claiming ESA and he is also receiving DLA, Higher Rate Mobility and lower rate care component.

Recently he has had a medical for the ESA and we received a letter the other day saying he did not score the 15 points required and only scored 12, however when looking at the scoring sheet they completely missed out certain key areas where they awarded him 0 points.

I've been reading around and this medical failure seems pretty common,
I am wondering what I should do next? should I just call the DWP and appeal the decision?

We previously had a issue like this with the DLA decision and we did successfully appeal the decision. is it just a case of going through the same procedure?

Any advise would be great.

Thanks for taking the time to read this.

healy

dee123 wrote: »

Hello

I am looking for some advise, My dad has been claiming ESA and he is also receiving DLA, Higher Rate Mobility and lower rate care component.

Recently he has had a medical for the ESA and we received a letter the other day saying he did not score the 15 points required and only scored 12, however when looking at the scoring sheet they completely missed out certain key areas where they awarded him 0 points.

I've been reading around and this medical failure seems pretty common,
I am wondering what I should do next? should I just call the DWP and appeal the decision?

We previously had a issue like this with the DLA decision and we did successfully appeal the decision. is it just a case of going through the same procedure?

Any advise would be great.

Thanks for taking the time to read this.

Yes you need to appeal the decision as before, you can find the appeal form GL24 online or you can write a letter saying you want to appeal and why.

It would help if you had the advice of a welfare rights officer when you appeal, these can be found at the CAB, local Council and disability organisations such as DIAL.

dee123

Hi

Thanks for the reply, We did appeal the decision and there first appeal process is to look at the decision again, they have done that and they said they have not changed the original decision and said they are passing the details onto the independent tribunal, We have contacted CLA and just waiting to get a reply from a case worker/solicitor from them,

I am quite nervous about this tribunal even thought a lot of people have said it was quite simple and straight forward.

any advice for the tribunal at all?

thanks again for taking the time to look at my post

melbury

My husband has his ESA medical next week - should I just ask the doctor for the appeal form when we arrive there?;)

suelees1

melbury wrote: »

My husband has his ESA medical next week - should I just ask the doctor for the appeal form when we arrive there?;)

Ooo you little cynic :rotfl:

melbury

suelees1 wrote: »

Ooo you little cynic :rotfl:

Well it would save time. Perhaps he would help fill it in there and then and just forget about the medical.

Frank_Cannon

What exactly happens at the ESA medical? I was due to have one last week, but they cancelled due to the examining "healthcare professional" being ill!
I am having a triple heart bypass in two weeks time, and haven't worked (on my GP's , and cardiologist's, advice) since April.
Am I likely to pass this medical?
I'm a self employed carpenter and joiner, and have plenty of work lined up for when I can work again, which is likely to be October at the earliest.

dee123

Hi

Sorry for the late reply/update,

Frank - I went with my dad for his medical, and all the "professional" done was ask a few questions about how his daily life is, if he finds it hard going up the stairs etc, It only lasted 5 mins!! I presume now you've probably had the medical? how did it go if you had it? And I hope your recovering well mate!

Just a quick update, the first appeal to reconsider the appeal decision came through and they said they are not going to change the decision, we have asked for a tribunal now and we received a letter saying the tribunal will be sometime after December 2010.

I am just wondering if anyone can give me advise on how to prepare for the tribunal, should we do anything before the tribunal like contact them etc?

Any advise would be great

thanks

cit_k

Have you rang to ask for a copy of the medical report yet?

andyandflo

dee123 wrote: »

Hi

Sorry for the late reply/update,

Frank - I went with my dad for his medical, and all the "professional" done was ask a few questions about how his daily life is, if he finds it hard going up the stairs etc, It only lasted 5 mins!! I presume now you've probably had the medical? how did it go if you had it? And I hope your recovering well mate!

Just a quick update, the first appeal to reconsider the appeal decision came through and they said they are not going to change the decision, we have asked for a tribunal now and we received a letter saying the tribunal will be sometime after December 2010.

I am just wondering if anyone can give me advise on how to prepare for the tribunal, should we do anything before the tribunal like contact them etc?

Any advise would be great

thanks

Hi there, just a quickie - don't bank on the date that you were being told as anything near correct. When I had my medical in Jan 10, appealed in Feb 10, they said it would be approx 6 months to wait. A few weeks ago I was told that the earliest will be is Feb/Mar 2011 (12/14 months) but could not guarantee that. I gave up and claimed JSA instead!

EmehEm2005

I failed my ESA even though I have heart problems (admittedly well-controlled by lots of medication, including frusemide and amiodorone).

I had to claim JSA at 59 when not even student graduates can get jobs!

if you have to claim JSA and have a medical condition ask for a review with the their disability advisor, you may be able not to have to look for full-time jobs (if there are any).