ESA Rejected

sunnyone

The red cross will lend your husband a wheelchair for a donation, as dmg has said he probably wont win his appeal because there are plenty of jobs that you can do sitting down and thats what the medical looks at, what he can do and not what he cant.

Former_MSE_Andrea

Hi everyone

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Andrea

FTW

dmg24 wrote: »

I do not doubt the severity of his condition, but from the view of the DWP he is fit for many jobs. The fact that he cannot do his previous job is irrelevant to them, they only look at what he can do now.

Depends on how a tribunal see it, but in the meantime, it's still worth the OP obtaining as much actual medical evidence as possible. If he's currently on benefits, this shouldn't cost.

The report the DWP received may well contain multiple errors also (I'll bet that it does), and on that basis alone, it's worth contesting.

dmg24

FTW wrote: »

Depends on how a tribunal see it, but in the meantime, it's still worth the OP obtaining as much actual medical evidence as possible. If he's currently on benefits, this shouldn't cost.

The report the DWP received may well contain multiple errors also (I'll bet that it does), and on that basis alone, it's worth contesting.

If someone wishes to appeal I would encourage them to do so, but they need to be aware of the realities of their situation also.

Medical reports can be charged for even if the patient is on benefits. The only time that the clinician cannot charge is if the report is requested by the DWP, as that is part of their NHS contract.

FTW

dmg24 wrote: »

If someone wishes to appeal I would encourage them to do so, but they need to be aware of the realities of their situation also.

Very true.

dmg24 wrote: »

Medical reports can be charged for even if the patient is on benefits. .

That never happened with me. I did explain why the info I asked for was needed, and was provided it at no cost.

dmg24 wrote: »

The only time that the clinician cannot charge is if the report is requested by the DWP, as that is part of their NHS contract.

I've never been charged for info myself, but at the same time, I certainly can't say that others haven't. I'll take your word on that one.

bezzza

Ring the DWP and tell them you are appealing the ATOS medical - ask for an immediate appointment so that you can take a written letter of appeal (you can wait for the letter and medical report but you could wait weeks as that should also tell you the official appeal form number) to your local job centre where they will fax your appeal letter - call the ESA department the following day to make sure they have received your faxed appeal and ask when the payments will be reinstated (they will go from the date they stopped them). I'm sorry that no-one has really given you any advice about the appealing process as it is everyone's right to appeal a decision they feel is not right.

In your letter outline your reason for appeal - what you think your husband should get points for, his inabilities, GP diagnosis etc. I imagine you will get turned down again (as nearly everyone does) unfortunately and it will be sent to tribunal (although I believe a new system is coming into place that may avoid the need for so many tribunals that overturn the original decision) - it can be a long drawn out process but at least you will get your payments at the assessment phase reinstated. Good luck!

Robbie64

foxylady2009 wrote: »

Hi, I was looking for some advice on ESA. My husband can hardly walk due to the pain in his feet and legs caused by severe plantar fasciitis, it looks like he may have to have an operation to try and help him. Anyone can clearly see he is in pain, he hardly ever goes out anywhere because of it.

I went with my husband to the medical assessment, which he struggled to get to, he asked for one from home but apparently they could not accommodate? All seemed to go well, or at least we thought. We received a letter from the DWP today saying that he is no longer entitled to ESA!
My husband has tried phoning them about why and how this has happened and they have told him to wait a week for a separate letter with the full details of why he was rejected and how many points he has got, they would not tell him anything over the phone.

I know we need to appeal this but I think we need to wait for this second letter first. What do we do for money in the mean time? We have 2 young children as well. There is no way my husband can work any job that JSA would make him do. My husband wants to work and has done since he left school til now, but he now needs a job that will accommodate his needs.

I'm just really worried as to how long it will take from our money being stopped to being started again. Does my husband need to phone them to let them know we are going to appeal and to continue paying assessment rate or will we not get it re-instated until we send the appeal form in?

Sorry if I'm rambling on a bit, hope this is easy to understand

Anyone's help would be much appreciated :beer:

If your husband wishes to appeal then he needs to not only appeal in writing but also see his GP to obtain a sick note / fit note in order to continue to receive ESA at the assessment rate while he is pursuing his appeal. He will need to do both in order to receive ESA while awaiting an appeal. If he subsequently decides to drop his appeal then he can request the appeal be withdrawn but will not have to pay back any ESA he may receive in the meantime.

In the meantime he can apply for a Crisis Loan from the Social Fund if he has little or no money to live on. This will be taken back from any ESA that is subsequently paid.

foxylady2009

Well my husband received the copy of the medical assessment today. Although there are a few discrepancies in there, which will definitely be contested, according to the nurse/medical assessor he should still have received 15 points. She even stated that he has 'Significant impairment of their feet and is likely to have significant disability of walking and standing.' Good news is; apparently he should be better within 3 months! :rotfl:
Still waiting for the letter that states exactly how many points he did get. Just puzzled as to how even with the medical assessment he didn't get the required points.
Thanks to those who have helped with their advice, there is now a letter winging it's way to the DWP and my husband has an appointment with his GP on Wednesday to get a report from him.

foxylady2009

Well that was less stressful than we expected. Revised decision received! :j
Thanks to all those who posted helpful comments
As apparently they could not find his doctors report, sent recorded delivery. They only based the new decision on the points my husband had raised and the original evidence, which was the assessment, the previous decision has now been over turned by a new decision maker who obviously realised the severity of my husbands case.

zaksmum

foxylady2009 wrote: »

Well that was less stressful than we expected. Revised decision received! :j
Thanks to all those who posted helpful comments
As apparently they could not find his doctors report, sent recorded delivery. They only based the new decision on the points my husband had raised and the original evidence, which was the assessment, the previous decision has now been over turned by a new decision maker who obviously realised the severity of my husbands case.

Really pleased for you both. I can never understand why - when somebody is in constant severe pain - the DWP expect him to be able to go to work.