Oh the irony!!!

dori2o

My dad has been for his ESA work placement appointment today.

ESA claim my Dad is fit for work following the ATOS medical.

He went today for his last appointment with them, the woman in there asked how he was and when my Dad told her of his continuing problems and gave detailks of the operation he has to have she said, with his condition and physical problems with walking and care needs he should definately be applying for a Blue Badge and should be claiming DLA.

So on one hand he's completely fit for work, on the other his condition is bad enough to warrant disability benefits and a Blue Badge.

Is it just us or have we missed something?

Also could someone advise what happens now he has had his last work based appointment. The woman he spoke to said as the system is 'up in the air' at the moment they don't know what the next course of action will be.

Jowo_2

ESA is designed for those too sick to work.

DLA is designed for those with care and mobility needs - it isn't an unemployment related benefit and its claimants are permitted to work, it's not means tested.

So they are apples and pears.

Lou76

Plenty of people can, and do qualify for DLA (and Blue Badge) and are perfectly capable of working.

Having a disabilty doesn't automatically disqualify you from working.

Sorry I can't help with your other question, just thought I'd clear up the confusion regarding DLA.

eskimo26

The ATOS medical means nothing, its a hurdle the Government has put up to get people to drop there claim.

The current percentage being touted is around 40% "the reality is that around 8,000 people a month currently lodge an appeal against an ESA decision and according to Tribunal Service statistics about 40% of those people - over 3,000 - will win their appeal and be awarded ESA."



That means that ATOS medicals are only 60% accurate (not including the people with one foot in the grave that they are forced to pass EDIT: scratch that they fail them too as has been noted with cases of poeple with cancers etc.), the inefficiency of which is costing the taxpayer a bucket load in cash from record tribunal appeals.

Also could someone advise what happens now he has had his last work based appointment. The woman he spoke to said as the system is 'up in the air' at the moment they don't know what the next course of action will be.

At this point the majority of people in your situation will appeal and if unsuccessful will ask for an independent tribunal to look at the case. As i mentioned they overturn 40% of atos medical's findings so its crucial you push it to tribunal.

I wonder why the job centre lady didn't want to tell you that? Oh yes now i remember I think there is a time limit of a number of weeks (?) before you can no longer appeal.

Anyway for your information:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals

http://www.benefitsandwork.co.uk/forum?func=view&catid=10&id=27156

Plenty of horror stories on this forum too. Incidentally might be worth your time to apply for the DLA as the lady recommended.

sunnyone

dori2o wrote: »

My dad has been for his ESA work placement appointment today.

ESA claim my Dad is fit for work following the ATOS medical.

He went today for his last appointment with them, the woman in there asked how he was and when my Dad told her of his continuing problems and gave detailks of the operation he has to have she said, with his condition and physical problems with walking and care needs he should definately be applying for a Blue Badge and should be claiming DLA.

So on one hand he's completely fit for work, on the other his condition is bad enough to warrant disability benefits and a Blue Badge.

Is it just us or have we missed something?

Also could someone advise what happens now he has had his last work based appointment. The woman he spoke to said as the system is 'up in the air' at the moment they don't know what the next course of action will be.

These people dont have a clue about DLA or the qualifying criteria so I wouldnt put much stock on their opinions.

zagfles

I work with someone who's too disabled to drive at all - blue badge or no blue badge. But he's perfectly capable of working.

Many jobs these days involve no more physical activity than using a computer and a phone. Obviously he won't be expected to take a job as a scaffolder etc!

suelees1

I've got to say I'm with Eskimo on this. I see it day in day out in my work as an adviser. Some of the reports from the medical assessments would be laughable if they didn't have such an impact on claimants lives. Go ahead and appeal. There is one month from the date of decision. He'll have to get his own evidence so the Tribunal can make a decision based on the balance of probabilities. Get hold of a list of the activities and descriptors for the ESA work capability assessment. Ask the GP if s/he's willing to do a letter or report using this list as guidance.

http://www.disabilityalliance.org/f33.pdf

Just to clear something up which Jowo said, according to the DWP, ESA isn't for those who are too sick to work, it's for those with limited capability for work. This is why medical certificates are now known as fit notes instead of sick notes - just more propaganda.

dori2o

Unfortunately the timeframe has passed to make an appeal to the tribunal.

I understand DLA can be claimed for those who work and maybe I didn't word it correctly but in the meeting the woman was saying she could understand that my Dad isn't able to do much of anything, he can't even go to the toilet without help nowadays. Yet despite how they can see how much pain he is in and how limited his movement is, they still say that the ATOS assessment means he is fit to work. Absolute bunkum!!

Is there anything he can do now to have another assessment, or ask for his case to be reconsidered.

von

suelees1 - I think you're in the wrong job!

suelees1

He can ask for a late reconsideration or appeal but this will only be granted if he has continuous good cause for the delay.
He can reclaim if it's for a different condition or his existing condition has deteriorated.
Additionally a new claim can be made if it's been longer than 6 months since the last decision

He should try for DLA in any case.

Has he had an assessment by Social Services ?

suelees1

von wrote: »

suelees1 - I think you're in the wrong job!

Why do you say that?