ESA Medical

dori2o

My Dad had a medical last November and the 'doctor' there said he would be fit for work in 6 months. This despite my Dads GP, and his 3 current consultants telling my dad that there is no possible way he can return to work with his illnesses. He has Spodilosis (Degenerative disease), 5 prolapsed disks in his spine, 3 at the top and 2 at the bottom (the ones at the top cannot be operated on due to risk of paralysis), sciatica, the tendons in his shoulders have fused to his bones, and he has also developed IBS. He's vitually unable to walk.

I got my Dad to appeal the 'Doctors' decision but it was rejected despite letter from his GP and consultant confirming their prognosis and their opinions on his ability to return to paid employment.

He is on ESA but in the work focus group and has been told today that following his next vists next month he will have to sign on for JSA and find a job as he is 'Fit for work' as far as they are concerned.

How does he go about getting another medical. Surely they cannot force a 58yr old man who is virtually unable to walk, cannot raise his arms over his shoulders, cannot sit or stand for long periods due to the pain in his back and neck, to get a job despite his qualified medical professionals who have a full grasp of his conditions and have been seeing him for 2 years (20 years in the case of the GP) telling him he is in no fit state to return to work.

dmg24

That is wrong, he does not have to change to JSA solely because his WFIs have finished. Get him to call the JCP and they will confirm this.

atrixblue.-MFR-.

dori2o wrote: »

My Dad had a medical last November and the 'doctor' there said he would be fit for work in 6 months. This despite my Dads GP, and his 3 current consultants telling my dad that there is no possible way he can return to work with his illnesses. He has Spodilosis (Degenerative disease), 5 prolapsed disks in his spine, 3 at the top and 2 at the bottom (the ones at the top cannot be operated on due to risk of paralysis), sciatica, the tendons in his shoulders have fused to his bones, and he has also developed IBS. He's vitually unable to walk.

I got my Dad to appeal the 'Doctors' decision but it was rejected despite letter from his GP and consultant confirming their prognosis and their opinions on his ability to return to paid employment.

He is on ESA but in the work focus group and has been told today that following his next vists next month he will have to sign on for JSA and find a job as he is 'Fit for work' as far as they are concerned.

How does he go about getting another medical. Surely they cannot force a 58yr old man who is virtually unable to walk, cannot raise his arms over his shoulders, cannot sit or stand for long periods due to the pain in his back and neck, to get a job despite his qualified medical professionals who have a full grasp of his conditions and have been seeing him for 2 years (20 years in the case of the GP) telling him he is in no fit state to return to work.

does your dad claim DLA? if not this maybe an avenue to explore.

as with regards as to why the refused to let you appeal the decision is just plain wrong. i suggest you see your MP, who maybe able to assit you even further, you can appeal the refusal, based on what you have told us sounds like in you written appeal for you didnt give anygood reason why they shouls allow it.

phone esa up and request the medical report that way youll get a better understanding of what that assessor worte about your dad. and take pointer out to apeal against them.

if your dad doesnt feel he has the effort to go through all that he can write a letter to esa saying that he is giving you permision to deal with his claim, send recorded delivery so they cant say the didnt get it.

gets to them 2-3 days in the processing centre they wont action it for atleast 14days on their system so got to give ample time for them to do this.


this sounds wrong to me all wrong.

if my spelling is off i'm in severe pain and cant think straight, god damn spinal scoliosis, vertibre is pinching some nerves to my legs and upper body has extreme cramp in my chest not nice but will subside tomorrow.

Northern_Boy_4

Have you contacted Welfare Rights People ? They may be able to suggest how to proceed. The "doctor" who conducts the "medical" at an ESA "assessment" certainly do not take into account any previous medical problems (physical or mental) and they just appear to run through questions already answered. They appear to "know" more about someones health from an 1 hour interview than any number of consultants / Gp's you will have seen over many years

Welfare Rights certainly gave fantastic help and reassurance when i had my 1st claim for ESA rejected and then when i re applied and had a 2nd "medical" where i was put into a work focused group

Mandy_557

You are not alone, most people i know that have been for these medicals fail. It takes less than an hour for a apparently professional medical advisor to end up calling you and your doctors and consultants complete liars. They ask the same questions to everyone giving you a score and if you do not score enough points then you fail regardless of medical prove. You must appeal, contact the ESA and they will send you the relevant paperwork. You can get help for the appeal from CAB, I found them very helpful. They helped me with my tribunral and pleased to say it took less than 20 mins for the tribunral to overturn the decision in my favour. Good luck and best wishes to you and your Dad.

dmg24

People seem to be missing the fact that the claimant did not fail the medical!

atomicsheep

dmg24 wrote: »

People seem to be missing the fact that the claimant did not fail the medical!

exactly my thoughts!

I dont know a jot about how medicals work but I find it odd the examiner/doctor predicted a 6month period of recovery

Where's our (and in particular dmg's) good friend Mr anderson when you need him hehe

atomicsheep

goffo wrote: »

For every assessment carried out by ATOS for ESA, they give an opinion as to the likely time it will be before the claimant is fit enough to work. This can range from 3 months to a few years.
So yes ATOS do stipulate the length of time before a new assessment should take place.

Mine is for 6 months, by which time according to the wording on the report, I should ready for work.
Maybe they know something that my GP & Consultants don't!!

Would I have the nerve to ask for another sick note after that 6 month period?

thanks v.interesting. So would you have another medical after 6 months? how do they tell if you a re fit for work after the pojected period of recovery?