help with esa support group

bezzza

I sort of understand where you're coming from, in that your condition has deteriorated since the medical in October (my original medical was in October too) but the tribunal bases its decision on how you were feeling in October and not now (as that is the decision you are appealing) - this was explained to me before I entered the court so I was asked questions all about how I felt in October but I was asked at the end how I felt my current condition would affect my ability to work. I don't know quite where you go from here as you say your condition has deteriorated (as mine substantially has too to the stage where I can barely walk 10 metres without considerable pain) - maybe other people on here will know if you can re-appeal or if you have to re-apply to be reassessed - I personally am happy to have won my appeal and to have my conditions finally acknowledged. I hope you get everything sorted and wish you well xx

Killmark

gazfocus wrote: »

I agree that they're only doing their job but when you get anxious about meeting anyone, the work interviews are a very daunting experience.

A somewhat pesimistic attitude tbh, unless you've attended one you have no idea what goes on during a work focused interview.

She will probably be surprised.

Ignoring people on sickness related benefits is why there are more then 2.7m people on them. It is better that those that can be supported back into work are and those who's can't recieve the support they need.

Currently your more likely to reach retirement age or die than go back into employment, so a WFI is nothing to fear.

survivor_13

thank you bezzza, and everyone for posting.
Its just nice to know that you're not alone in all of this madness.
As for the medical i referred to before bezzza, it was the same circumstances as yourself. I meant that the initial medical was incorrect, and that at the tribunal i was assessed on how i was feeling "at that time", referring to the past.
What i'm gathering from all this is that they are still taking into account the original assessment and not the one from the tribunal, even though they cover the same time period.
I hope that explaination made sense, i understand its quite confusing at times trying to put it into words and i apologise for that
The one thing i cant stand is the feeling that people just think you're lying automatically when going onto benefits
Especially for me still being quite young. (26)
I had just become qualified in social work, and was back from a 6 month placement in a high school in Canada. Life was going well and i was tying up loose ends over here. Got my visa sorted and was ready to go into a full time position in an amazing school in Kitchener,ontario, canada. My fiancee and i were ready to go in two months time when i started getting sick. Alot of things progressed really quickly and am left a shell of my former self, i really cant look at a picture of myself without breaking down.
I was a happy healthy 11.5 stone 6ft5 athletic guy with an amazing fiancee about to start a new life in a beautiful country. Now im the same height only 8 and a half stone. Im living back with my parents because i cant be left alone. I randomly black out and have continence issues. The doctors havent a clue how to treat the multiple disorders all at once because they all play off one another so i pretty much have to deal with it myself.
I'm lucky to have a great G.P though, who i see once a week and speak to on the phone regularly, so i can confirm doses of the many meds im taking to control everything. And i have the support of a wonderful family who without, i wouldnt possibly have got through this.

Then you look across the street to the neighbours at 10am walking in with the blue bag full of drink and ask yourself why the hell do i get all this trouble and they're claiming benefits for years no problem, and without a thing wrong with them!

Anyway what im trying to say is, i have all the reason in the world to work and would love to, i want to get my life back because this isnt living!. But now, and for the forseeable future its not gonna happen. I have to figure out how to actually have a normal day before i can think about steps to getting back to employment.
i dont even know why i've bothered writing this but i feel its helped me.
Sorry to moan. Im just sick of being labeled with the rest of the scum. I think of myself as being as pathetic enough as it is without having people thinking i actually want a life of handouts.

bezzza

It's difficult trying to make yourself clear through typed words but I now understand what you mean bout initial medical and tribunal.

I also know what you mean about the feelings when you have to claim benefits especially ESA - I am 39 (with a very young heart LOL) and had always worked until just under a year ago when it became very difficult (although the previous year to that I was made redundant, took any and all temp work including working for M&S and lived off savings which meant I was penalised and not able to apply for contributions based ESA). I was made to feel worthless by the staff at the jobcentre (but when they have to deal with lazy people who do not want to work all day I can understand their frustration) but must admit my advisor was wonderful - she acknowledged the difficulties I would have in returning to work and made all my appointments for first thing of a morning so there wouldn't be so many people there - she would meet me at the lift and help me to her desk and would walk me back to the lift and sometimes even to my carer in the car. As has been acknowledged in the thread they have a job to do and sometimes you just have to go with the flow - my advisor actually carried out a couple of the appointments over the phone on the weeks I could not get the first appointment of the day.

I agree about people who just want handouts and expect everything for nothing - they've obviously never worked for a living and experienced the ups (and the downs) of having a career and a social life and being able to provide for their families. I loved my job and feel I was very very good at it but at the moment it is impossible to consider returning due to deterioration. I will go to the mandatory appointments as it sort of helps to get used to social settings and it's nice to see a different face every so often and have someone to vent on - they have said if I don't like the advisor or we don't get on or they are unhelpful I can ask for someone else so fingers crossed everything goes as well as the first appointments.

Again, I wish you well and, who knows, we may all be back at work this time next year wondering how we did it (especially when you look back at the dark times like these). Think of the positives - you won your appeal, you will get your backdated payment soon(ish) and your condition has been acknowledged (this was the most important for me).

NASA_2

sunnyone wrote: »

You are one of thousands that have been failed the ESA medical and then won at tribunal and they, like you want to be in the support group to vindicate themselves but it wont happen and its not worth the stress it for £5 per week.

The support group isnt just for the terminally ill, some of them are in the WRG.

Anyone who has been certified as terminally ill will be put in the support group and not the WRAG.

sunnyone

NASA wrote: »

Anyone who has been certified as terminally ill will be put in the support group and not the WRAG.

Mcmillan have report that some people with terminal cancer have been placed in the WRG, they didnt mention certified but since they are a cancer charity I believe them and its disgustion that people who are dying have to fight for ESA.

I have been there, nursing a terminally ill relative and believe me it hard enough without the goverment thinking everyones is like the great Jane Tomlinson, she was a exception who did wonders at both raiseing money for charity and for raisnig awareness of this evil disease but most people with terminal cancer need pallative (sp) care towards the end.

NASA_2

I've worked on cases where McMillan cancer have been involved. They dont always get their facts right. There have been multiple occasions where they have submitted claims under 'Special Rules' which werent actually terminally ill claimants.

I'm not criticising them, they arent doctors, but they do get it wrong sometimes.

It's a fact that if someone has a DS1500 that they will be placed in the support group from day one. If they dont submit this form then they have to be assessed just like everyone else. And just because someone has cancer doesnt mean that they cant do any work.

I'm generally of the opinion that cancer sufferers (Among others) should be fastracked onto the main phase whether it is WRAG or SG.

cit_k

survivor_13 wrote: »

Imagine someone walking up to you and slapping you in the face. When you ask them why they did, they respond "why did i do what?" as if nothing had happened.

Thats how blaringly obvious the case is and i'm just even more frustrated after seeing that my letter from the tribunal is a carbon copy word for word of the guidelines used for the decision making, and clearly shows that their decision to put into WRAG is completely unfounded and one made in complete ignorance.

Apologies for the rant, i just feel the need to vent. The corruption of the system is just killing me

Yup, the system is very corrupt.


Its probably designed so people give up rather than continue to fight.

Even if they continue to fight, eventually, pure logic will show that if they send you to enough tribunals, one will go against you no matter what the facts.

What review date do you have from the tribunal, when are they likely to re-assess you?

survivor_13

cit_k wrote: »

Yup, the system is very corrupt.


Its probably designed so people give up rather than continue to fight.

Even if they continue to fight, eventually, pure logic will show that if they send you to enough tribunals, one will go against you no matter what the facts.

What review date do you have from the tribunal, when are they likely to re-assess you?

hi,
the original assessment was 26 oct 09,
the tribunal to appeal this decision/ medical was won on 27 may 10.

i recieved a letter stating i have been placed into WRAG based on the medical on 26 oct 09.

is it just me or would common sense not dictate that they are incorrect to place me into WRAG based on a medical that initially said that i shouldn't be eligible for ESA at all, which was then overturned at tribunal?

Breast_Cancer_Survivor

Killmark wrote: »

A somewhat pesimistic attitude tbh, unless you've attended one you have no idea what goes on during a work focused interview.

She will probably be surprised.

Ignoring people on sickness related benefits is why there are more then 2.7m people on them. It is better that those that can be supported back into work are and those who's can't recieve the support they need.

Currently your more likely to reach retirement age or die than go back into employment, so a WFI is nothing to fear.

I think they meant that because his oh has asperger's (a form of autism) & finds it hard meeting people she doesn't know it will be especially daunting.

I have asperger's too & feel physically ill when I have to attend any kind of interview mostly because my anxiety takes over.