help?

Blue_Elephant

My friend emailed me this in the course of a conversation today, I have edited to remove "language" and suchlike.

Can anyone point us in the right direction? By the way she suffers from psychiatric illness as well as physical illness.

"ESA have stated I'm fit for work and have stopped my benefits. GP says I'm not fit for work and has signed me off, meaning I can't get JSA. ESA say that "my GP says I'm ill" is not a valid excuse for appealing their decision. Of course I'm perfectly capable of working when I have to leave a supermarket 5mins after getting there due to severe knee pain and the sudden urge to hit anyone who so much as looked at me the wrong way (it'll be late-night shopping or online shopping again from now on)."

I don't know the specifics of her illness, as in I can't remember and didn't want to ask again, but I do know that it's chronic, and enough for GP to say she's not fit to work, and hasn't been for a significant amount of time. I know nothing of how the benefits system works and would appreciate some advice?

melbi_uk

Sorry I can't help but I'm sure someone will come along soon who can.

When are GP's going to start standing up to ATOS/DWP for undermining their medical qualifications.

dmg24

melbi_uk wrote: »

Sorry I can't help but I'm sure someone will come along soon who can.

When are GP's going to start standing up to ATOS/DWP for undermining their medical qualifications.

GP's are under a lot of pressure to give sick/ fit notes out when the patient does not truly need one, hence the need for the decision regarding entitlement to benefits to be made by an independent party.

OP, your friend can appeal the decision and receive the assessment rate whilst doing so. When making their appeal they need to explain the reasons why they are not fit for work i.e. the symptoms that stop them working. They should take advice from CAB, DIAL etc if unsure.

MrsManda

to follow the previous poster, GPs generally make their decision solely on what employment you already have or if you're unemployed, what employment you used to do. If you cannot do the job you've been doing due to illness, you get a sick note.
Whereas the ESA assessment is there to see if you are capable of doing ANY work.

Oldernotwiser

melbi_uk wrote: »

Sorry I can't help but I'm sure someone will come along soon who can.

When are GP's going to start standing up to ATOS/DWP for undermining their medical qualifications.

GPs may know a lot about medicine but they don't necessarily know much about working life. Too many patients can get their GP to certify anything, so an independent assessment service is needed.

melbi_uk

Fair points.

However, surely GP's can tell who is trying to pull the wool over their eyes.

Ho hum - it's a strange world we live in.

Before we know it they will be introducing lie detectors into the assessments - now there's food for thought!

dmg24

melbi_uk wrote: »

Fair points.

However, surely GP's can tell who is trying to pull the wool over their eyes.

Ho hum - it's a strange world we live in.

Before we know it they will be introducing lie detectors into the assessments - now there's food for thought!

How much can you really assess about a person in ten minutes?

viktory

melbi_uk wrote: »

However, surely GP's can tell who is trying to pull the wool over their eyes.

In a ten minute appointment? A GP that has God only knows how many patients on their books? Not forgetting that the patient will have thoroughly researched their 'illness' to ensure they are parroting the appropriate symptoms (this works particularly well with mental health illnesses and 'bad backs'). Add to this potent mix the length of time it takes to refer anyone on - and the length of time appeals are taking.

Most GP's will give the benefit of the doubt.

AsknAnswer2

Blue_Elephant wrote: »

ESA say that "my GP says I'm ill" is not a valid excuse for appealing their decision.

That is correct. Being ill does not mean that a person will satisfy the descriptors required for entitlement to the benefit. To appeal a decision she needs to have grounds for which she believes she is entitled to it - for that she will need to demonstrate that her condition satisfies the descriptors required. She can find them here. She should look at this and think about whether her condition fits the requirements for entitlement. She needs at least 15 points to qualify. If she feels that she does, then she should certainly appeal.

However this statement raises questions:

Blue_Elephant wrote: »

Of course I'm perfectly capable of working when I have to leave a supermarket 5mins after getting there due to severe knee pain and the sudden urge to hit anyone who so much as looked at me the wrong way (it'll be late-night shopping or online shopping again from now on)."

Let me point something out. This is constructive criticism, not a dig.

Why 'from now on'? The statement 'from now on' suggests she's been managing it whilst receiving the benefit awaiting assessment, but now she's not receiving the benefit, she can't manage it? If she's unable to go shopping in crowds and in severe pain after 5 minutes and has urges to hit people when the shops are busy, no amount of benefit entitlement would change that. A person can't be capable then suddenly become incapable when the benefit is stopped.

Perhaps there have been similar inconsistencies in the statements she has made in claiming the benefit, which would - depending on the statements made - possibly cast doubt upon her claim.

Jowo_2

melbi_uk wrote: »

However, surely GP's can tell who is trying to pull the wool over their eyes.

No, the person centred approach of modern GPs is very much premised on believing the person.

melbi_uk

dmg24 wrote: »

How much can you really assess about a person in ten minutes?

viktory wrote: »

In a ten minute appointment? A GP that has God only knows how many patients on their books? Not forgetting that the patient will have thoroughly researched their 'illness' to ensure they are parroting the appropriate symptoms (this works particularly well with mental health illnesses and 'bad backs'). Add to this potent mix the length of time it takes to refer anyone on - and the length of time appeals are taking.

Most GP's will give the benefit of the doubt.

Isn't that why they have records on each patient?

Mmmmm 10 minutes? I always feel sorry for the person going in after me, as I'm always in longer than 10 minutes :eek:

I seriously believe that you can tell the difference between someone with real mental problems to that of one pretending.

I know when I'm okay, there is no way I could pretend to be depressed or anxious.

I have a friend (not sure if friend is the right word) but she went off sick in January claiming she was depressed and suffering from anxiety. Okay, she has probably seen and heard me tlk/rant and thought she would try it! (I might be wrong)

Anyway, she went on the sick, her GP gave her some AD's and off she went. She used to ring me often to see if I wanted to do lunch or go shopping. Most days I had to decline. Then one day she asked to meet up as she was upset.

She had had her WCA and they had found her fit for work. She told me some of the things they had asked her and she couldn't understand why she had scored no points from her answers. Well I'm sorry but I could.

Now I'm not saying that everyone who fails the assessment for mental health issues is a fake (I will probably be one of them after my assessment yesterday) but her answers astonished me and I quite often before that used to think I wish I could be like her while suffering depression and anxiety.

Finally, there are way too many symptoms, not everyone will get the same symptoms but in my opinion anyone who can spend ages on their appearance before leaving the house is not suffering true depression.

Please don't slate me for the above

<<<<<<<<<<<<<<<<<< legs it and hides :eek: