Declined ESA after medical

celinepatricia

NASA wrote: »

Lots of people decide they are too ill to do any work. Its not their own decision to make when it comes to benefit entitlement.

Most people are found fit for work after appeal but can continue to claim because of the length of time taken to hear appeals. Which is happening because those who are clearly fit to work make frivelous appeals.

Instead of whining on here, and I didnt notice any request for meaningful advice, write to your MP's and initiate a groundswell of opinion against the system - but I guess you are all too ill for that aswell.

To get ESA even at appeal rate you still have to have a sick note from your GP so I dont think lots of people just decide there to ill to do any work the Doctor or Consultant do the deciding!!

dialysis

NASA wrote: »

Lots of people decide they are too ill to do any work. Its not their own decision to make when it comes to benefit entitlement.

Most people are found fit for work after appeal but can continue to claim because of the length of time taken to hear appeals. Which is happening because those who are clearly fit to work make frivelous appeals.

Instead of whining on here, and I didnt notice any request for meaningful advice, write to your MP's and initiate a groundswell of opinion against the system - but I guess you are all too ill for that aswell.

we did nto decide we was to ill to work we had four very senior Doctors who did that for us and I have not had to appeal against any decision myself, I am not as you say whining but hey you are entitled to your opinion I guess you support our government. Lets just hope you never experience serious illness and then get told you cant claim anything beleive me it is not a pleasnat experience having your house repossessed

hobbledehoy.

dialysis wrote: »

Hi Sorry your going through all this too, like you we wish we didnt have to claim anything I would love to be able to tell them to .... off but needs must, we dont even get all the council tax paid and OH has said he will have no choice but to find work even though he is ill. But who is going to employ someone who has been medically retired from work and has a history of ill health and we are middle aged.

Hello,

Yes it is hard isn't it.

I also know and accept that receiving a benefit is a privilidge and not a right. I am grateful for everything I get, but it isn't the way I want my life to go. How people see being on benefits as a lifestyle beats me.

Like your husband, I am going to have to try to work even though I know it will be difficult, but given the two options work comes out on top!

Also like you my health deteriorated 15 years ago but I managed to hang on in there.
As you say, who would give us a job and I'm over 60!

Mum-2-Be

Plans_all_plans wrote: »

tod123, they're not able to work. To get jobseekers you have to actively seek employment. Good luck OP. Appeal the decision.

Not accordigng to the ESA dept.

I am curently appealing my ESA decision and have been told to apply for JSA while my appeal goes through. Apparently you can claim because the ATOS medical declares you fit to work but if you are still receiving sick notes you cannot be made to go to interviews or apply for any jobs :huh:
You can remain on this until your appeal is assessed or you go for another medical and pass.

this info was from a supervisor i spoke to TODAY on the ESA line!

stresshead81_2

I am on Incap, Long Term, and DLA , low rate care/mobility. Likewise I am due to, at some point, be transferred over to ESA. It scares the hell out of me. I have been homeless (rough sleeping etc) and have just finally moved into permanent accommodation which is suitable for me. I do not like to disclose my health problems (felt I ought to mention them) but am on morphine 4 times a day as well as other painkillers and medications. I have Crohns Disease; Hiddradenitis Supparitiva (skin disease); Epilepsy; Mild ME; Sciataca; Depression; Panic Attacks as well as issues I would rather not disclose. I had to fight for over 10 months to even receive DLA, albeit low rate and mobility. I have asked various friends who are or have been managers in both the private and public sector, they have all said I am would be a liabilty even I just would do ADmin. I do not get all my rent paid despite being on benefits nor do I get full assistance with council tax. I cannot and do have the strength to appeal again for yet more benefits. Yes I have worked in the past for the government and I know what idiots they are, top level I am talking about here. It is hard when they knock you down but you have to get up and fight for your rights, metaphorically speaking.

I hope, for your mental healths sake, that you and your husband can get sorted. Appeals will drain you but get official help from CAB or someone like that who has experience in dealing with the situation.

Best wishes xx

tanith

dialysis wrote: »

Hi thanks for all your replys Tanith we are both ill health retired. We have made an appeal through a local agency who are dealing with it for us and yes we can go on job seekers but OH to ill to work

I'm confused, if you are both medically retired from the NHS with 30 yrs service each then you must be in receipt of your NHS pensions? Yet you say you were only getting £150 per week which wasn't from your pension but benefits so how is it you don't receive an NHS pension?

cit_k

Mum-2-Be wrote: »

Not accordigng to the ESA dept.

I am curently appealing my ESA decision and have been told to apply for JSA while my appeal goes through. Apparently you can claim because the ATOS medical declares you fit to work but if you are still receiving sick notes you cannot be made to go to interviews or apply for any jobs :huh:
You can remain on this until your appeal is assessed or you go for another medical and pass.

this info was from a supervisor i spoke to TODAY on the ESA line!

Not unheard of for people to be lied to and told JSA is the only option, but they were lying to you.... you can as said appeal and go on the assessment rate.

Mum-2-Be

cit_k wrote: »

Not unheard of for people to be lied to and told JSA is the only option, but they were lying to you.... you can as said appeal and go on the assessment rate.

SO ive had 3 people from ESA lie to me, including the woman who gave me a call back today?
All have recommended i apply for JSA as im having issues even getting the appeal rate.

So you are saying you cant apply for JSA in these circumstances, can i ask what evidence you have to back this up?

nogginthenog

[FONT=Arial, Helvetica, sans-serif]Appeals - some more detail, and a warning
ESA appeals are in essence like other social security appeals. Given that ESA was introduced on 27 October, and the new First-tier Tribunal and Upper Tribunal rules were introduced on 3 November (see, respectively, Bulletin 206, p. 8, and below), the vast majority if not all ESA appeals are likely to be under the new rules. ESA appeals concerning limited capability for work will be considered by a legally qualified 'judge' and by a medically qualified member, similar to incapacity for work appeals under the old tribunals.[Footnote 12][/FONT]
[FONT=Arial, Helvetica, sans-serif]As with all appeals to tribunals old and new, an appeal against a decision enables the whole of the decision to be reconsidered, even parts of it with which the appellant is not specifically concerned. The legal power to do this is at s12(8)(a) Social Security Act 1998, which provides that, in deciding an appeal, a tribunal 'need not consider any issue that is not raised by the appeal' - i.e., so that although they 'need not', they are not actually barred from doing so. This must give rise to a warning regarding ESA decisions, which may be about more than one issue and indeed about ESA entitlement in general. The DWP have confirmed to CPAG its view that ESA appeals are against 'outcome decisions', so that, 'any determination that is embodied in or necessary to that decision' is open to the tribunal.[Footnote 13] Perhaps the most common example from other benefits concerns disability living allowance, where an appeal against the decision regarding one component allows, in theory at least, reconsideration of the award on the other component even if the claimant does not want to disturb that, because both are included as part of the same decision. Possible results include reduction or even total removal of entitlement.[/FONT]
[FONT=Arial, Helvetica, sans-serif]In ESA, it is at least possible that determinations on matters like, for example, membership of the support group (i.e., on 'limited capability for work-related activity') and on limited capability for work (i.e., on the revised form of the personal capability assessment that now forms the main part of the work capability assessment for ESA) will be embodied in the same decision. Therefore an appeal against the decision to get at one determination could in theory expose the other, or even entitlement overall, to reconsideration as well. Of course, such instances might be uncommon or even rare, tribunals can be requested not to reconsider anything else, and case law on similar occurrences with other benefits has provided some safeguard in the form of the tribunal's duty to exercise proper discretion, give the claimant adequate warning and chance to make arguments, etc.[footnote 14] But it remains that claimants should be warned that ESA appeals could lead to parts of a decision they are content with being revisited, possibly to their disadvantage.[/FONT]
[FONT=Arial, Helvetica, sans-serif]Whilst appealing, claimants can if they so wish stay on ESA, though at a reduced rate. Claimants found not to have limited capability for work who have appealed against that decision can get reduced-rate ESA whilst the appeal is pending, provided that they continue to submit medical certificates - note that is not restricted to income-related ESA.[Footnote 15] It is understood that the appeal letter can be treated as a new claim for ESA, and the reduced-rate is achieved by applying only the 'assessment phase' rate of ESA (i.e., without additional components) while the appeal is pending.[Footnote 16] An alternative (as in incapacity for work appeals) is for the claimant to claim jobseeker's allowance while appealing. The DWP has confirmed to CPAG the official intent that where that happens, and the claimant subsequently wins their appeal so re-establishing entitlement to ESA, they will be able to receive arrears of ESA less any JSA paid.[Footnote 17][/FONT]
[FONT=Arial, Helvetica, sans-serif]References
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murtle1981

dialysis wrote: »

Hi I have read through this thread and my OH and I are in complete disgust at the way the government are treating genuine ill people over this ESA crap. Sorry I am so angry after the way we have been treated, so will apologise now for the following post. My OH has recently lost his job through ill health after working in the health service for 30 years. I myself was also in the profession for the same amoiunt of time and have not been able to work through my health for 3 years. I am in receipt of IB at long term rate and am aware that I will be moved over to ESA in the future, unfortunatly I will go through this s..t too. Anyway OH has been in reciept of £65.45 ESA for 4 months, even that took some gettin after so much messing about by the DWP, had a medical way before Christmas and now received a letter and assessment sheet stating he is not entitled to it as he only got 6 points, like so many on here. What really p....s me off is his GP, Consultant, Occupational Health Doctor and his employer have all said he cannot work so why do the idiots at ATOS say he can cos he can move his bloody little finger. I am so cross we were in receipt of just over £150.00 per week that was to pay all bills Mortgage and eat, that was impossible now they taken his ESA off not a bloody chance. How home is due to be repossessed in three months after going to court, so we will be so far behind with other bills we will be forced into Bankruptcy. This country is going down the pan it stinks, I am sick of being on the receiving end of this governments so called cuts when one minister went away at Christmas skiing at a cost of £11,000 pounds lucky for him he dont have to servive on £92.00. I dont have a clue what I can do about it but needed a rant. Sorry:mad::mad::mad::mad:

Hi. My partner was on ESA due to him having severe Rheumatoid Arthritis and had to attend countless medicals etc....what a bloody nightmare. He had 3 medicals, got almost full points on those. Went for another medical last year and surprise surprise, got 5 points and got thrown off! We were so angry at their decision. His RA effects almost every joint in his body. His hands are beginning to become deformed because of it, hes in a lot of pain and to top it off hes very limited to which pain relief he can take as he has problems with his gut so if he takes Diclofenac, Ibuprofen (which are used as anti-inflammatories in RA sufferers) or codeine, he passes blood in his stools (sorry to be so graphic but im just being honest). Hes now got to go and have the camera up to see what the problem is and hes petrified about going incase they find anything sinister. Weve been told it COULD be IBS or Crohns Disease. So the only pain relief he can take is amitriptyline (which he can only take before bed!) and paracetamol. Hes had countless problems with the anti-rheumatic drugs that the consultant has tried him on due to horrendous side effects. So hes struggling to control the pain AND the symptoms. Please bear in mind that he is only 37 and we have 3 kids (age 8, 4 and 2) so its really hard for him as he cant do stuff he used to with them and it gets him down a hell of a lot. Hes very limited to what he can do in general! Anyway, with regard to benefits...when he got thrown off ESA, we applied for Income Support as advised by a local organisation who deal with and help people with benefits/DLA. I claim IS for both of us as im my partners carer. The claim went through really quickly so we didnt really go without any money, and the best thing is that my partner has no longer got to go for any stupid bloody medicals. We were advised NOT to appeal as it can take months and months for the appeal to be heard and at present time, they are getting tougher and tougher at appeals with EVERYONE. A friend of ours has very limited use of one of his legs due to having a very bad accident...he too got thrown off, appealed and LOST! There are other options, you could do with speaking to Welfare Rights (if you have one at your local council offices) or finding an organistion lkie the one who helped us....