ESA Claim... 0 Points?!

JackInABox_2

I've been claiming ESA now for around a year, and have Bipolar Type 2 Disorder - and was displaying "stresses related to previous trauma" (a la PTSD) last year. There was 6 months of visits to A&E after burns, cuts and even a suicide attempt. I was also placed under the supervision of The Crisis Team several times, and once in February. This isn't a sympathy post however, as I've dealt with many of my issues - I'm now medicated and I'm begining to gain some control and stability.. begining.

I was sent a medical questionnaire for my ESA claim around 3 months or so ago, anyone who claims DLA or ESA knows that these questionnaires ask you about everything from cooking to stairs... I filled the form in honestly and posted it off. I then got a date for my Atos Medical - and I attended.

When I attended I was told they didn't have a copy of my questionnaire - and I believe the "healthcare professional" quickly filled one in during the medical. I told her the doses of my anti-psychotics and my anti-depressants. Then she informed me that she was in fact a Physiotherapist, and she couldn't quite seem to grasp my bipolar as I kept having to inform her that there was essentially 2 answers for each question - symptoms under hypomanic episodes and then ones under depressive episodes. She still didn't seem to grasp it...

Well today I got my letter from the DWP and it's the one I've been dreading - they say I'm fit to work. What really bugs me is the fact they say I've got 0 points! I have a "written statement of reasons" and it states that they didn't speak to my doctor and that they went off the questionnaire and the medical.

a) They lost the questionnaire?!
b) I want a medical with someone who is a doctor or has some form of psychiatric training! (Psych Nurse?)

I wont lie, I'm making progress in my life - but I'm far from stable. It's not a case that I'm simply kicking around because I can't get a job either - thanks to LinkedIn I get emails basically weekly asking me if I'm interested in work. However, whilst I'm making progress, whilst I want to work and whilst I'm bored with my current routine - I feel I do have more progress to make. I'm really not work-shy, I worked from 16 and have always put 100% into it - from writing the CV to doing the work.

I'm just starting to get out again and I'm struggling to put some form of structure in my life again. I've decided I want a different career so I'm trying to organise the training for that - begining in october; I had planned to slowly put in some form of structure, then join the gym and try and get myself to *feel* healthy again, get used to having some independance again.. I genuinely aimed to be of ESA at the end of the summer, I had planned all of my "rehab", so to speak. I just don't feel I'm ready *yet*.

This has also come at the worst time as I'm currently walking around with a 7 day ECG monitor strapped to my chest (for some form of tachycardia), I'm having blood tests (as I've been unable to talk, I have a pounding headache etc), I'm struggling with my psychotherapy (as it has brought up so many things from the past) and I had just about managed to sort my finances out from when I was working before. It looks like it's "one of those weeks".

Has anyone got any advice for me regarding ESA? I'm scared that they'll use that medical for my DLA too and I'll be stuck with no income.

recoverydust

i am bipolar and got put in the support group - without attending a medical - so much for consistency!
there is much useful advice on a website - google abc of esa
you need to appeal - which means you will get the "basic" rate of ESA.
contact dwp for appeal form and get in touch with CAB
good luck

JackInABox_2

recoverydust wrote: »

i am bipolar and got put in the support group - without attending a medical - so much for consistency!
there is much useful advice on a website - google abc of esa
you need to appeal - which means you will get the "basic" rate of ESA.
contact dwp for appeal form and get in touch with CAB
good luck

Well last time I was given a medical, I rang up to re-arrange it and was told they didn't need to do anyone more as the letter was an accident! From then I was given £220 fortnightly up until this.

I'm going to try and ring them now, god help whoever I talk too... Not as I'm going to argue, mainly as I'm talking like daffy duck due to my tonsils!

dmg24

recoverydust wrote: »

i am bipolar and got put in the support group - without attending a medical - so much for consistency!
there is much useful advice on a website - google abc of esa
you need to appeal - which means you will get the "basic" rate of ESA.
contact dwp for appeal form and get in touch with CAB
good luck

Bipolar is such a hugely variable condition, the ability to work will vary massively, so consistency is not relevant here.

The ABC website you have quoted is very dangerous - it suggests that opening an envelope will have someone declared fit for work. Scaremongering is not helpful when people are vulnerable.

OP, did you not submit your own supporting evidence with your claim? You need to do this. Also, whilst you could have requested a MH specialist to assess you, there is no obligation on them to do this, or indeed to offer you a second assessment. You need to appeal the decision if you do not agree with it, you would be best to get help to do this (from a reliable source such as CAB or DIAL, not some silly website like the one above!).

recoverydust

I don't think anyone could really think that opening an envelope would have someone declared well enough to work. I assumed that and the ""quiz" are meant to be dark humour by people who have been through the process outlined by the OP. The ABC site also has some of the best and most accurate information about ESA and the appeals process that is available on-line. It is primarily a support site for people facing the Work Capability Assessment, or needing to appeal as a result of their assessment. I am not for one minute suggesting that anyone enter into a DWP appeal on the basis of a website and did recommend the CAB.

In spite of the recent media hype that portrays people getting disability benefits as scroungers, there is a great deal of evidence that the process is unfair and is being badly implemented by ATOS. Pointing this out is not scaremongering, it is letting people know that they are not alone.

You need to get the appeal in ASAP Jack, and you will need medical and advisory support. Good Luck

rogerblack

JackInABox wrote: »

Well today I got my letter from the DWP and it's the one I've been dreading - they say I'm fit to work. What really bugs me is the fact they say I've got 0 points! I have a "written statement of reasons" and it states that they didn't speak to my doctor and that they went off the questionnaire and the medical.

a) They lost the questionnaire?!
b) I want a medical with someone who is a doctor or has some form of psychiatric training! (Psych Nurse?)

Hoookay...
A) ATOS and the DWP are two seperate bodies.
The DWP may not have sent a copy of your ESA50 to ATOS, for whatever reason. As I understand it, this alone makes little difference - the DWPs line will be 'you were seen by an approved healthcare professional, who is a specialist in assessing disabilities'.
See above last line.
However - do you have a copy of the medical report?

Make an appointment now with your GP, and explain your condition, maybe even get a letter about it, and how it affects your life.
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol8 is very useful.
Specifically http://www.dwp.gov.uk/docs/m-06-11.pdf and http://www.dwp.gov.uk/docs/dmgch42.pdf

cit_k

It would not matter if the worlds leading expert in mental health conducted the assessment - they would be limited to the same level as the physiotherapist was by the stupid lima software.....

rogerblack

cit_k wrote: »

It would not matter if the worlds leading expert in mental health conducted the assessment - they would be limited to the same level as the physiotherapist was by the stupid lima software.....

LIMA suggests stuff, and can be used in a 'drop down' manner.
By a skilled operator, who's willing and able to actually listen and type, and knows their way around it, you can get a sane report.

recoverydust

that doesnt seem to be the case for the OP tho
The LIMA system has many shortfalls and most of the people inputting are on targets that preclude making sane reports

JackInABox_2

Thanks guys! I rang up and was told I just need to put it in writing that I want an appeal - so I'm off to post that in a bit! Then I will get advice from CAB and do some reading up on the DWP.

Only supporting evidence I put in was a copy of a few Psychiatric "Initial Action Plans" from when I was under the care of the crisis team about 3 weeks before the medical... I will attempt to get my GP and my Psychiatrist to write a letter detailing the effects the condition has on my everyday life and see what else I can do. I'll have to see my GP anyway for the sick notes that they will require whilst it's being appealed!

Part of my feels like this is my fault though - as naturally, for everyone question she asked there was the "depressive episode answer", the "hypomanic episode answer" and the "stable answer" - I'm guessing she ignored the two which actually meant I was ill and went for the normal one! (Despite that being the least common at the moment!)

Once again, Thanks everyone for the advice - I will try and keep you all updated in case anyone else finds themselves going down this route!

cit_k

rogerblack wrote: »

LIMA suggests stuff, and can be used in a 'drop down' manner.
By a skilled operator, who's willing and able to actually listen and type, and knows their way around it, you can get a sane report.

Only to a limited extent though, LIMA itself decides what questions to ask, and can compeltely stop certain areas from being explored.

Also, examiners are under pressure to limit the time for examinations, the expected average time is somewhere around 45 minutes. ATOS documentation discourages assessors from over-riding lima, and makes it very clear that each time they do so, they must fully justify and explain why they over-rode it. This means it takes considerable time to overide lima each time - and time is not something they have.

Of course, they can make time Im quite sure when people like harrington are sitting in on an examination to observe.