Failed ESA - By one point

Cookiee

Hi lovely MSE people

Well as the title suggests, hubbie got a call this morning saying he failed the medical and is deemed fit to work.

He failed by .... 1 point. He got 14 and the lady who called hubbie advised she was also surprised but she has been seeing this more and more recently. She was lovely though and she is sending a copy of the report for us to have a look at.

Ok ... now what do we do? Hubbie asked if his ESA money would be stopped. She said she thought so as he has been claimed fit for work. Now we were expecting the next fortnightly payment on Wednesday 1st. What do we do? We have approximately £12 to our name to cover us. :eek:

If we appeal, how quickly do they reinstate the fortnightly payments? My hubbie has docs tomorrow so do we get the doc to write something to confirm he is not fit for work yet?

It is not like we are asking for him to go into the support group. My hubbie is hoping with the right pain medication, physio and cortazone (sorry not sure of spelling) injections that he would eventually be able to do some form of work. He still is adament that he will be able to work full time but as the surgeon and docs advised him he needs to the time to rebuild his back and strength up. We hoped to go into the WRAG as he was hoping with there support he would be able to go back to work sooner than later.

Any help and suggestions will be great

Cpt.Scarlet

Apologies, but we have some nasty trolls on this forum!

How did your husband score 14 points? All of the descriptors are multiples of 3 so can't actually score 14 points!

Cookiee

Hi Cpt Scarlet ... I know I am totally confused too! I will have to wait for the report to see what they scored. Asked hubbie if he was correct and he is said this is what she said

I am going to call them tomorrow to find out exactly what his score was and if possible what the outcome is. Also if hubbie will get next weeks sick pay.

Question though ... how do you lodge an appeal? Do you have to wait for the report? Also what should my hubbie ask from the doctor to help support this appeal?

Cheers all xx

Cpt.Scarlet

You can lodge an appeal by completing a GL24 form which you should receive with the written notice of the decision, it needs to be sent in within four weeks of the date on the decision letter.

You need to know what he scored points for and for which decriptors he did not, then you can speak to your doctor for assitance. You can request the medical report from your local JCP over the phone.

Cookiee

Well just got off the phone with ESA and here is the update ...

Don't know where hubbie was told 14 points but the lady I just spoke to said hubbie was awarded 0 points! I am stunned. Hubbie can hardly walk. Has to use crutches if walking more than 100 yards, can barly sit for more than 30 mins/stand for more thank 30 mins because of the pain. He has pins and needles and sometimes loss of feeling on his left side but the medical declaired he is fit to work:eek:

I am speachless! I dont know what to do now. Well ok I know we are going to appeal straight away. I am going to call ATOS in the morning and request the full report but in the meantime this means that they will stop his money until they receive his appeal. They have said they will pay him £57.86 for the 19th to the 24th May so we will need to find away to strech this until we know when he will start getting the esa base rate again.

I am soooo angry because I know of someone who is faking being injured and he has just been awarded WRAG. We are not asking for perminant hand outs, we are just asking for some help until hubbie gets to a point where he can manage his pain and go back to work.

Hubbie went to docs to get pain injection and new unfit note and he was also shocked. He has put on the note that he is under any circumstances not in any position to work. Is there anything else we can request from the doctor to support hubbies appeal?

Any suggestions on how to start this appeal and ideally anyone who has been down this road please offer your words of experience x

RAS

Once you appeal, you will get some money.

pmlindyloo

You could go to CAB. Google for your nearest one, (some kind soul may provide a link!) but also try other nearby CAB because you are needing a Welfare and Benefits specialist who will help you with your husband's appeal.

On the CAB websites it should specify which specialists are available at which CAB.

There are other organsations that also will help with appeals and I'm sure someone will come along and provide some names.

eskimo26

Cookiee wrote: »

I am going to call ATOS in the morning and request the full report but in the meantime this means that they will stop his money until they receive his appeal. They have said they will pay him £57.86 for the 19th to the 24th May so we will need to find away to strech this until we know when he will start getting the esa base rate again.

I am soooo angry because I know of someone who is faking being injured and he has just been awarded WRAG. We are not asking for perminant hand outs, we are just asking for some help until hubbie gets to a point where he can manage his pain and go back to work.
x

First of all when you appeal you will be given the basic rate until the tribunal date so if your short get onto it, and there's crisis loans too of needs be.

Secondly i'm pretty sure you request the report from the dwp not ATOS.

Thirdly don't get mad get even. There is nothing more pathetic then stealing disability benefits of all things, it gives fuel to the fire for this Government's incacitated/disabled benefit claimant witchhunt. Imagine going through all that effort what a lowlife no hoper. :mad:

NASA_2

It isnt stealing. Stop being a !!!!.

jetta_wales

NASA wrote: »

It isnt stealing. Stop being a !!!!.

You don't think fraudulently claiming Dissability benefits is stealing? I would most certainly disagree.

I really don't understand how anybody can say they KNOW somebody is faking to claim benefits and not report them for it. Though maybe you don't actually know but just suspect?

As for the ESA you should as others have said phone to lodge an apeal ASAP to get some money while going through the process. There's lots of threads in the Dissability and Dosh section that could be helpful to you too.

Also is he claiming DLA too? If not he may well be entitled, if so then be ware that the ESA decision might trigger a review of this also.

Cookiee

Thanks Jetta_wales :-) I know they are faking as they claim they cant walk but is doing "cash in hand jobs". I would love to "dob" them in however they are a very nasty family and they also live next door to my mum. I really dont want to bring this on my mum's head as they have a history of attacking people with blades!!! My mum is also disabled and this would be too much stress for her to have to deal with.

DLA was rejected but to be honest, like I have stated in previous posts, hubbie wants to get to work sooner rather than later. My wages covers all the bills to the penny so the ESA is used to pay for food, prescriptions and petrol in car to get hubbie to hospital/docs appointments.

I will deff go on the disability and dosh board thou so cheers me dears for that xx