ESA Claim... 0 Points?!

cit_k

JackInABox wrote: »

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!

No its not your fault, its common place for assessors to ignore what is said, or worse, to lie on the report.

Expect a long wait for the tribunal though, it can take up to a year to be heard.

Its possibly worth ringing the local council to see if there are any welfare rights workers in the area, as they are sometimes available and may be better placed than the CAB to help.

Although the CAB should do fine if not.

These days, both are quite overworked it seems so they can only help as much as time allows, but just having them present on the day can increase chances of winning, as stats show win rates are higher if a person is represented officially at the tribunal.

Keep all correspondance, especially copies of medical reports, do not lose them, as the DWP are likely to lose them in the future, and you are quite likely to need them, as once you win the tribunal its quite possible the process will start all over again a few months later.

melbury

rogerblack wrote: »

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

I may be wrong, but my understanding is that ATOS send out the ESA50 forms on the instruction of the DWP and the completed forms are sent back to ATOS, who then decide whether or not a medical is appropriate.

When we appealed to the DWP, I sent a photocopy of my husband's ESA form to them, as they didn't appear to have seen it, which I thought was pretty disgusting as its contents were very relevant.

Due to this, personally I would never put the same amount of effort into completing an ESA50 in the future just for ATOS to view it.

rogerblack

melbury wrote: »

I may be wrong, but my understanding is that ATOS send out the ESA50 forms on the instruction of the DWP and the completed forms are sent back to ATOS, who then decide whether or not a medical is appropriate.

From my reading of the regs, this is not the case.
As I understand it.

DWP get contacted by applicant or someone on their behalf.

They send out (or that someone has the forms already) and they complete either the ESA50, or some other form that I forget for 'special rules' (largely the terminally ill, though there are other categories).

The DWP 'decision maker' then reads this form, and sees if the applicant is on the form and any other evidence submitted eligable for the support group.

If they are, ATOS may not be involved at all, the person is simply put into the support group.
If the info is unclear, ATOS (as 'medical services') may be asked to provide info to the decision maker clarifying some of the medical matters, and providing explanatory info - for example if the decision maker doesn't know about the illness, and has a query about it.

At this point - assuming the person has not been put into the support group, ATOS is asked to arrange the 'work capability assessment' - which they do after twiddling their thumbs for 14 weeks or so.

ATOS should have a copy of all of the paperwork you have submitted to this point.

You attend your interview, and the Health Care Professional scores you on your abilities in certain areas.
Their report is then passed back to the DWP decision maker, who then reads it in conjunction with all the other evidence, and comes to a decision on how many points you achieve. (this can be different to the amount awarded by the HCP)
You're then put in the support or WRAG group.

The process when you're due for reassessment is similar - sometimes the reassessment is solely the DWP - sometimes it's the DWP, after consulting ATOS, sometimes it goes all the way to a WCA.

And then there are appeals, which add another layer of complexity to it.

!!!!.
I know way too much about this !!!!.
This is time I could have spent attempting to get my buisness ideas off the ground.
:mad:

Trialia

Unfortunately, whether or not the information provided with the forms is clear or not, some of us get referred for a medical examination as a matter of course - if that's what it says in the Handbook - and for my primary condition it is.

Frankly, I'd rather just give the DWP as much information as possible and let *them* make the decision, since ATOS don't have any more of a clue with not matching examiners' specialities to the people they're examining (e.g. sending a physiotherapist to examine someone with mental health issues, as has happened elsewhere in this forum). But some of us don't get that option

cit_k

ESA medical questionairre forms are sent to atos for a pre-board check using an assessor who uses lima.

Then they complete an ese85a form which recommends to the decision maker if a medical is required or if they may be eligible for the support group etc without a medical.

I doubt either atos or the dwp read the esa forms properly, they certainly did not in my case, and they admitted that.

WhiteHorse

They lost the questionnaire? If so, they have failed to adequately secure confidential data covered by the Data Protection Act. Make complaints to ATOS themselves, the DWP, and to ICO. Make the complaints sequentially and keep copies of all correspondence.

Mind you, once ATOS is aware of the complaint, the missing form may mysteriously appear.

System

WhiteHorse wrote: »

They lost the questionnaire? If so, they have failed to adequately secure confidential data covered by the Data Protection Act. Make complaints to ATOS themselves, the DWP, and to ICO. Make the complaints sequentially and keep copies of all correspondence.

Mind you, once ATOS is aware of the complaint, the missing form may mysteriously appear.

What if the don't send you a form in the first place but still call you to medical?

sunnyone

xXMessedUpXx wrote: »

What if the don't send you a form in the first place but still call you to medical?

Whens your trial pet?

I know its around now.

Sorry I meant medical for ESA.

System

sunnyone wrote: »

Whens your trial pet?

I know its around now.

Sorry I meant medical for ESA.

Tomorrow morning i'm dreading it. I know i shouldn't read too much into things on the net (as you only ever hear bad reports not good ones). I was put in the support group last time and if anything my condotion ahs worsened so common sense says they should find the same. Thanks for asking

sunnyone

xXMessedUpXx wrote: »

Tomorrow morning i'm dreading it. I know i shouldn't read too much into things on the net (as you only ever hear bad reports not good ones). I was put in the support group last time and if anything my condotion ahs worsened so common sense says they should find the same. Thanks for asking

You have someone going with you dont you and you are recording it?

I have been through it with someone I know and my husband, but both were rescued at appeal pet and niether had your disability so I dont have a clue at what will happen at your medical.

You will be ok, tell the truth and be yourself and if you get upset show them this, if you get in any other emotional state show it and tell them about it and you will be fine.

Will you let us know how you get on?

We are here to help you if you need us, <hugs>