ESA stopped... What do we do now?

walking_stick_2

dizzy-di wrote: »

Sadly i am going to have to leave this thread now, as i am not prepared to read post like the previous 2, the latter who has obviously not even bothered to read the full thread - or cant understand the written word.

I came here and asked for help, and i would like to thank the many genuine people who have offered us advice. I will look at other sites for continued support.

Thanks again to all of you who have been a big help.

Still here I see despite your post.

And yes I know this post will be deleted as we mustn't upset anyone with the truth must we. Thankfully the dwp won't be quite so sympathetic.

Indie_Kid

walking_stick wrote: »

Sometimes the truth hurts. Medication?? Loperamide perhaps? Dear me your "problems" do seem somewhat miniscule compared to a great deal of others who get refused dla. I dread to think what bleating you would do should you suffer a greater illness. The mind boggles!!

I assume you also have a chronic pain disorder and visual impairment? Losing control of ones' bowels isn't "miniscule". Especially when you have problems with the area of skin, which means you may bleed - even with using the softer and more expensive toilet roll?

walking_stick_2

sh1305 wrote: »

I assume you also have a chronic pain disorder and visual impairment? Losing control of ones' bowels isn't "miniscule". Especially when you have problems with the area of skin, which means you may bleed - even with using the softer and more expensive toilet roll?

No visial impairment but pain is an issue.

cit_k

Two4Tuesday wrote: »

Extract from the Welfare Rights Bulletin:

Sunil claims and is awarded ESA. He fails, however, to subsequently attend a medical, stating that he did not receive the notification letter. He appeals the refusal of ESA arguing he had good cause for failing to attend. His appeal is not against a decision that he does not have limited capability for work, so Reg 30(3) does not apply. He cannot be paid ESA pending the appeal. He makes a new claim on the same basis as his previous one within 6 months of the previous refusal. The claim must be accepted, but he cannot be treated as having limited capability for work and so cannot be paid ESA until he has been reassessed under the WCA (the DWP must arrange for a new WCA to be carried out).

If she feels that she is unfit for work, she can reclaim ESA, but be aware that she will not receive any payment until she attends and passes the ATOS medical.

Alternatively she can claim JSA.

As long as her claim was 6 months ago or longer, she should be able to reclaim ESA, has it been 6 months?

walking_stick wrote: »

I do understand hence the post. It amazes me the trouble people will go to, to cling to state benefits. Maybe if the energy was put into getting employment they would be more successful. There are people on here who are in a far worse state and they get refused.

I might get diarrhea tomorrow shall I then ask for a handout?

As you dont know the full medical facts, nor will you have examined the person, you are not really in any position to know how bad the problems are.

walking_stick wrote: »

The lady in question is trying to claim for depression and as I pointed out in my opinion it is all too easy toget benefit for depression, as stated say the right thing and you will get benefit.

No, its one of the hardest things to claim for, and one of the toughest things to prove eligibility for.

walking_stick wrote: »

Last time I checked this is a forum not a benefit scam site.

It seems to be more of a site that atttracts people who like to attack people on benefits.

themull1 wrote: »

There are a lot of people who still work with depression and anxiety, they just need to weed out the ones who haven't really got depression and anxiety, seem to be having a job, because if someone gets their benefits stopped, they go to their MP and get it reinstated.!! Rather than having everyone on benefits, why not have them go to councelling sessions to see if they can get out of depression? and find out why they've got it in the first place.

Plenty of people on IB/ESA with mental health problems HAD jobs, and held them down with the mental health problems, until they became so ill they no longer remained employable.

As for getting an mp involved as a magical step for benefit re-instatement, there is no gaurentee that helps, I myself have had a MP involved before, and the DWP/ATOS just fobbed him off, and the problem remained.

It may help for them to take the problem more seriously, but it wont change the facts of a case, entitlement will still depend on being eligible.

cit_k

sunnyone wrote: »

Yesterday my daughter recieved a reply thanking her for her letter, they are going to look again at the decision and see if they can change it and reinstate her ESA, if they do, then the appeal will automatically be cancelled. If they cant change the decision then the appeal will proceed.

this is a standard letter that they send out when you fail the medical, it must be the same for appealing against a missed medical etc.

FTW you have the wrong end of the stick, the appeal isnt against failing the medical but for not having got the medical appointment so if the appeal wins there is nothing left to continue to appeal against for now, maybe reading the thread is a good idea instead of just posting your own bile against the DWP after just seeing the initials ESA.

You should still be able to appeal even if they grant ESA, as you can appeal which group you are put into.

Two4Tuesday

cit_k wrote: »

As long as her claim was 6 months ago or longer, she should be able to reclaim ESA, has it been 6 months?

According to the OP, the missed medical was in September, so it's been less than 6 months.

My advice to the OP is still, either:

1. Have your daughter reclaim ESA immediately and request the ATOS assessment be done as soon as possible knowing that no payment will be made until then.

or

2. Have your daughter make a claim for JSA but if there are health problems which affect what kinds of job she can do, ask that they are taken into consideration on her Jobseekers Agreement.

I last worked in a Jobcentre in 1995 so I assume things have changed a lot since then. In an earlier post I mentioned the Disability Employment Advisor - this was simply because I had heard that that person helped to shape the Jobseekers Agreement based on the capabilities of a claimant - not because the claimant necessarily had a disability.

KxMx

Brassedoff wrote: »

I suppose a suggestion of Crohns is misleading. A simple test can show them markers, besides two friends of mine hold down jobs perfectly well with that disease.

Wow you have 2 lucky lucky friends. It can and does take YEARS to get a Crohn's diagnosis. Either you are fobbed off as having IBS or it can hide anywhere, and move, so it is not always a simple thing to get diagnosed with.

There is an IBD marker blood test however this is available only in the USA. Maybe you mean inflammation markers. Well mine came back abnormal every time for 4 years before a Rheumy decided it would be worth another look in the digestive area after I was sent to him for joint pain, and yep I don't have IBS I have IBD type to be determined. Yes this was partly due to a lazy Gastro not doing further tests but go on google and you will see how long some people wait for a diagnosis as a matter of course.

As with any illness some people get onto the right treatment right away and others can flare for years before it settles down. As mentioned Crohn's can move, so you can easily get worse with a different part of your system now affected.

Any type of D is debilitating and unless you've been through it yourself (and the little you see of friends coping, bet you don't see when they don't/ can't, doesn't count), you can't understand and shouldn't pretend to.

I don't mean to have a go but such flippant comments can be very very upsetting to genuine sufferers.

OP has the cause of your daughter's stomach pains and D been looked into? Even with IBS it should be a consultant making the diagnosis and not a GP (unless GP has done all the tests to rule out other things).

Indie_Kid

Two4Tuesday wrote: »

I last worked in a Jobcentre in 1995 so I assume things have changed a lot since then. In an earlier post I mentioned the Disability Employment Advisor - this was simply because I had heard that that person helped to shape the Jobseekers Agreement based on the capabilities of a claimant - not because the claimant necessarily had a disability.

This is what happened when I was on JSA. When / if I go back on it, (Job finished yesterday) I will have to amend my agreement again.

Brassedoff

KxMx wrote: »

Wow you have 2 lucky lucky friends. It can and does take YEARS to get a Crohn's diagnosis. Either you are fobbed off as having IBS or it can hide anywhere, and move, so it is not always a simple thing to get diagnosed with.

There is an IBD marker blood test however this is available only in the USA. Maybe you mean inflammation markers. Well mine came back abnormal every time for 4 years before a Rheumy decided it would be worth another look in the digestive area after I was sent to him for joint pain, and yep I don't have IBS I have IBD type to be determined. Yes this was partly due to a lazy Gastro not doing further tests but go on google and you will see how long some people wait for a diagnosis as a matter of course.

As with any illness some people get onto the right treatment right away and others can flare for years before it settles down. As mentioned Crohn's can move, so you can easily get worse with a different part of your system now affected.

Any type of D is debilitating and unless you've been through it yourself (and the little you see of friends coping, bet you don't see when they don't/ can't, doesn't count), you can't understand and shouldn't pretend to.

I don't mean to have a go but such flippant comments can be very very upsetting to genuine sufferers.

OP has the cause of your daughter's stomach pains and D been looked into? Even with IBS it should be a consultant making the diagnosis and not a GP (unless GP has done all the tests to rule out other things).

No offence meant in my post. They do work, although one has some difficulties. They were diagnosed quickly too, so can only speak with that experience.

oldandhappy

It is obvious to me that the postings of the new member named walking stick are abusive and I believe are just provoking and troublesome and should be deleted. Dianne