Esa appeal

jolly_jen_2

I claimed ESA in July 2009 and was eventually sent to an ATOS medical whereby I scored sufficient points and was put in the Work related activity group. I attended Pathways to Work interviews and was eventually, effectively forced back into work even though I didn't feel ready. Six weeks into my new job, my father's health deteriorated and my own anxiety and depression returned and I was forced to give up the job due to ill health. My father sadly died. I reclaimed ESA and was paid at the assessment rate until my Work Capability Assessment which I failed, scoring 0 points. I have appealed and my appeal hearing is this Thursday. I am panick stricken. Not only do I suffer with anxiety and depression but I also have social phobia and cancer phobia. I have already had to defer one appeal as I was endeavouring to obtain medical evidence from my GP which the tribunal now has. However, my mother died suddenly quite recently and my mental health has deteriorated considerably. I do not feel I can attend the tribunal but what do I do. If I fail to attend, will they look at my case in my absence and if I fail, can I make a new claim for ESA immediately or, will they accept that I am unwell and cannot attend if I phone to defer. I have asked my GP for further written evidence, more fully explaining my condition but do not know if the tribunal will receive this in time for the hearing. Help!

[Deleted User]

im sorry for your recent bereavements,and sympathise with your problems,however i`m baffled at the phrase"cancer phobia"surely we all suffer from that?

i have a feeling that you wont be able to defer another tribunal,and you really should make a determined effort to attend.

if you are found fit for work by the tribunal then you will have to claim JSA
if your situation gives rise to care and or mobility problems have you applied for DLA?

Crazy_Larry

That's an awful tale Jolly Jen has, though I don't understand all of it. I am only here on this site cos tomorrow I have my Atos medical and I'm trying to work out why I've been summoned and what I am to expect. It sounds like a waste of time and money really, if they do make me claim JSA then it doesn't mean I am going to get a job, does it?!

MrsManda

Crazy_Larry wrote: »

That's an awful tale Jolly Jen has, though I don't understand all of it. I am only here on this site cos tomorrow I have my Atos medical and I'm trying to work out why I've been summoned and what I am to expect. It sounds like a waste of time and money really, if they do make me claim JSA then it doesn't mean I am going to get a job, does it?!

Almost everyone who applies for ESA gets an appointment for a medical. GPs generally make a decision on whether a person is fit to work or not on the basis of what the person's job (for example a manual labourer who's broken his arm cannot work as a labourer so gets a sick note). The point of an ESA assessment is to see if you are capable of any form of work, whether you're capable of any form of work if you're given the right support or you are not capable of any type of work whatever support you are given.

Lots of people have problems with their medical but lots of people have no problems at all - it's just that you usually only hear about those who feel they've been treated unfairly.

Be honest, be as open as you can and don't make light of your health problems - my main problem when I went for my first medical was making sure I didn't do what I generally do when someone asks how I'm feeling and making light of everything, you know the kind of thing - 'well I'm not that bad really', 'at least I'm sleeping ok', 'I've coped with worse' etc...
Tell the truth, how is your health affecting your life.

Crazy_Larry

Well I've had my "medical" and feel rather deflated. The questions asked seemed to be practically identical to the ones on the original questionnaire. I have a feeling I will be pidgeon-holed into what I've heard being referred to as the support group. I suppose I don't mind that, it's just that I have no confidence at all in there being any support provided - do I end up back at A4e [*spits*] being told I will never get a job?

I must say the interviewer was very pleasant and professional and couldn't be described as biased against claimants, but s/he was a total slave to his/her machine which was churning out the questions.

Cpt.Scarlet

Ignore this. managed to reply to the wrong thread

sunnyone

Crazy_Larry wrote: »

Well I've had my "medical" and feel rather deflated. The questions asked seemed to be practically identical to the ones on the original questionnaire. I have a feeling I will be pidgeon-holed into what I've heard being referred to as the support group. I suppose I don't mind that, it's just that I have no confidence at all in there being any support provided - do I end up back at A4e [*spits*] being told I will never get a job?

I must say the interviewer was very pleasant and professional and couldn't be described as biased against claimants, but s/he was a total slave to his/her machine which was churning out the questions.

Very, very few people get into the support group after the initial medical and the support group has nothing to do with supporting the clients in any way other than pay them a little bit more for six months at the least.

The more pleasant the ATOS staff the worst the report will be, if they barely looked at you the same.

They were not typing in what you were saying but answering yes/no to questions which they DIDNT ask you, not what they did ask you and with the criteria for MH changing recently I certainly wouldnt be assuming what you have.

System

OP,sorry for your losses. obviously its very short notice but is there anyone who could at least go with you to the tribunal?

CountryGuy

sunnyone wrote: »

Very, very few people get into the support group after the initial medical and the support group has nothing to do with supporting the clients in any way other than pay them a little bit more for six months at the least.

The more pleasant the ATOS staff the worst the report will be, if they barely looked at you the same.

They were not typing in what you were saying but answering yes/no to questions which they DIDNT ask you, not what they did ask you and with the criteria for MH changing recently I certainly wouldnt be assuming what you have.

I'm going to have to disagree with the 2 underline statements.

My assessor was very nice, kind and supportive. They also did a lot of typing in between talking to me.

I was placed in the support group.

CountryGuy

Cpt.Scarlet wrote: »

Ignore this. managed to reply to the wrong thread

LOL that happened to me on another forum yesterday only I didn't realise until others started asking what my post had to do with the thread lol