Failed ESA - By one point

FleurDuLys

Cookiee, having read about your husband in previous threads I am really shocked that he has been turned down for ESA - I would have thought he would have been placed in the WRAG with no problems! Isn't he on morphine and undergoing treatment right now, with a view to getting better and returning to work? His situation seems a lot like my own last year; I was desperate to get better and return to work, but just needed a bit of support whilst I had hospital treatment.

DO get an appeal sorted asap! And good luck with it all xx

Cookiee

FleurDuLys wrote: »

Cookiee, having read about your husband in previous threads I am really shocked that he has been turned down for ESA - I would have thought he would have been placed in the WRAG with no problems! Isn't he on morphine and undergoing treatment right now, with a view to getting better and returning to work? His situation seems a lot like my own last year; I was desperate to get better and return to work, but just needed a bit of support whilst I had hospital treatment.

DO get an appeal sorted asap! And good luck with it all xx

FleurDuLys :A your a lovely person x

I know hun thats why I am totally shocked!! He is receiving treatment and the injections at the moment are only temp relieving his pain (bless him though he hates needles and the nurse has to hold his hand ) He is going spare as he, like you, just wants some help till he can go back to work. I am sooo fustrated.

Going down to the job centre in the morning (before getting my exam results eeek!!) to get some help. I believe that I can get the GL24? form to complete. My hubbies new "un"fit note signs him off for the next 2 months so now I need to know:

1 - do I send fit note with GL24 form to same place together?
2 - what do I need to add with the GL24?
3 - What support/evidence should I get from the docs?

This is causing soo much stress because I dont know if we will be able to eat from one week to the next as well as covering his medical costs/petrol etc etc.

cit_k

Well, if I defrauded someone out of money for two years, due to being a con-artist, then only when a third party got involved did I eventually refund their money, would most people not regard that as stealing?

Ok the money is eventually paid back, but what about any debts incurred in the mean time due to being without that money?
What about the costs involved in fighting for the money?
What about the stress and deterioration to health due to it all?

Because thats what the dwp/atos do, what they did to me - it took two years, and Im still waiting for a refund of the money owed.

Once it arrives, I fully expect them to start the process all over again.

And there is the fact some people dont appeal, so dont get a chance to get the money defrauded from them back.

cit_k

Ring them up (the esa people) and tell them over the phone you are going to appeal, they should be able to keep your claim going so you get no interuption in the payment at assessment rate (no promises though).

Ensure you get your appeal form in asap, and also get a copy of the medical report from the dwp, the medical report will be immensely useful in preparing a submission for appeal.

Sort out a CAB or welfare rights advice worker to represent you at appeal if possible.

If you win the appeal, expect them to call you back in again later on to start it all over again, but this time, when called for a medical write in and tell them you wish it to be officially recorded.

eskimo26

cit_k wrote: »

Well, if I defrauded someone out of money for two years, due to being a con-artist, then only when a third party got involved did I eventually refund their money, would most people not regard that as stealing?

Ok the money is eventually paid back, but what about any debts incurred in the mean time due to being without that money?
What about the costs involved in fighting for the money?
What about the stress and deterioration to health due to it all?

Because thats what the dwp/atos do, what they did to me - it took two years, and Im still waiting for a refund of the money owed.

Once it arrives, I fully expect them to start the process all over again.

And there is the fact some people dont appeal, so dont get a chance to get the money defrauded from them back.

Actually fleurDuLys was right it was about the fraudulent claim mentioned in the OP but I would agree with your points too its very obvious that many legitimate claims are being stiffed since the changes. I won't bother speculating on why but this thread is a prime example as no doubt your case is.

I just wish the comments of people on your ignore list didn't appear in quotes, oh well they've already taken out the signature hopefully the rest of the trash will follow.

rogerblack

Cookiee wrote: »

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

Get any and all evidence you can, and submit it for reconsideration.
Theymay not have contacted your GP or anyone you mention on the ESA50.

http://www.dwp.gov.uk/docs/m-06-11.pdf may be of use - these are the most recent changes to the 'limited capability for work' and 'limited capability for work-related-activity' tests.

http://www.dwp.gov.uk/docs/dmgch42.pdf - are the detailed guidance on how to apply the tests - which will give a good idea - though the actual tests have now changed.
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol8 is the page these are from.

As to what to do - contact the DWP, and ask for a 'statement of reasons' - and also for your ATOS report.

You may also find it useful to request your complete file - along with any recordings or other information.
http://www.dwp.gov.uk/privacy-policy/data-protection/

Read the statement of reasons - see if the re are factual errors in it you can rebut from evidence they hold, and have agreed with.
For example - if the applicant has a colostomy bag - and that hasn't been dealt with at all in the assessment, despite it being raised, and them having information from your GP.

Then see if there are errors in the medical report or statement of reasons you can get additional evidence to show are incorrect.
This would include letters from the GP, consultants, ... as well as letters from people who come into contact with him.

Unfortunately, the GP saying 'he can't work' has less weight than you might hope.
In some ways this is reasonable - the GP is not an expert in disability, and how the criteria are assessed, and many GPs will be quite happy to write perhaps marginal patients off, as they are sympathetic to them.

In others, it's problematic - as some people are legitimately ill - and the GP just repeating in a letter that the claimant can't work may not help much.
What's needed ideally, to have the best chances of a reconsideration before the appeal are to detail what the claimants disabilities are, in terms of the tests.

For example - 'x cannot work at all' vs 'x cannot for the majority of the time sit in a chair (even an adjustable chair) for more than 30 mintues without needing to move away to avoid significant discomfort or exhaustion' (9 points)

It's also important to understand what is useless to claim.
'X deserves points because he can't walk Y yards without crutches'
No, he doesn't.
If he can, with the aid of the crutches, 'mobilise' over 200m without significant discomfort or exhaustion, and do it 'with reasonable regularity throughout the day, then he gets no points.

(I'm referring to the tests that came in after the 28th of march this year - if the application for ESA was earlier than this, then the older tests will apply, but the same basic ideas apply)

There is limited flexibility in the system.
Understanding how to best put your case in terms that make it easy for the decision maker - or worst - a tribunal - to understand that there is no doubt that you fit this list of descriptors is important.
A 'general' appeal on the grounds that 'he can't work' - is lots more problematic.

Cookiee

Thank you all for your advice. I have the report in my hand and have written (4 pages) for our appeal.

Fingers crossed x:)