ESA questions

spottybutterfly

I have been on IB for a few years due to depression and agoraphobia but got a EWA50 sent to me as i am due to be re assessed. I've herd all the stuff on the news about them assessing most people to be fit for work. I am worried they will kick me on to JSA even though I don't think I'm well enough to find a job with out extra support and understanding.

Can I record (with a dictaphone) my medical assessment i will get from ATOS or will they object/ will it cause harm to my application?

What happens if i fail the assessment, i know i can appeal but do i think have to start getting sicknotes from the doctor again and sending them to the job centre?

Also how many times can i appeal against a decision?


Sorry to be asking so many questions but im so confused and worried and keep being told different things or cant find my answers at all so i was hoping some of the friendly people here could help. I only slep for 3 hours last night worrying about this assessment and have felt panicky most of the day worrying.

Cpt.Scarlet

You can request the DWP record the medical, but they set rediculous and expensive conditions, the cost of which you must meet.

You can covertly record the medical, this is perfectly legal, however, if the ATOS "doctor" finds you doing this they will terminate the medical and you will be classed as failing to attend and likely lose your benefit, so just be careful.

You can take a companion with you who can be present in the medical and you or they are entitled to take notes, this is worth doing whether or not you also record the event.

If you fail the medical you can appeal, you would be eligible to receive ESA at the assessment rate until your case is heard. You need to provide Fit notes while doing this.

If your appeal fails, you can appeal to the Upper tribunal, but only if there has been an error of law or procedure, not because they found against you. You are also entitled to make a new claim after six months which can run in parallel to any appeal.

NASA_2

You can record the assessment but unless it is done in line with procedures then there is no certainty that it will be accepted as a valid recording. You could doctor it.

If you fail the assessment then you appeal and have to send med certs in in order to get paid.

You can appeal to the lower tribunal, on a point of law to a higher tribunal and then, I assume, to the courts. Only the first appeal is a payable one.

spottybutterfly

Thanks for replying. Im so scared that im gonna get forced on to jsa when im not quite ready yet.

molliemookie

spottybutterfly wrote: »

I have been on IB for a few years due to depression and agoraphobia but got a EWA50 sent to me as i am due to be re assessed. I've herd all the stuff on the news about them assessing most people to be fit for work. I am worried they will kick me on to JSA even though I don't think I'm well enough to find a job with out extra support and understanding.

Can I record (with a dictaphone) my medical assessment i will get from ATOS or will they object/ will it cause harm to my application?

What happens if i fail the assessment, i know i can appeal but do i think have to start getting sicknotes from the doctor again and sending them to the job centre?

Also how many times can i appeal against a decision?


Sorry to be asking so many questions but im so confused and worried and keep being told different things or cant find my answers at all so i was hoping some of the friendly people here could help. I only slep for 3 hours last night worrying about this assessment and have felt panicky most of the day worrying.

I had an assessment 4 months ago for same conditions as your good self and got placed in the WRAG. I had an interview at the job centre today who have now placed me on a work programme. I am now feeling even more depressed and suicidal.
I really do feel for you but as hard (impossible) as it is try not to let it make your illness worse by worrying about it. With all the bad publicity ATOS are receiving we can only hope the government will investigate things and improve the situation.

God Bless

Muttleythefrog

spottybutterfly wrote: »

Thanks for replying. Im so scared that im gonna get forced on to jsa when im not quite ready yet.

Above advice is good. If it is any help, someone made the point above that 6 months after failing you can re-apply. This actually is quite significant because by the time appeal is heard that time may well be up meaning even a failed appeal may not mean you end up having to apply for JSA.

So try not to worry. Yes things can go wrong with the WCA but you could try to reduce the risk of that by getting any supportive medical evidence you can to submit with your ESA50. Even just recent letter of appointment could help - e.g. if you see a psychiatrist it implies you do have clinically significant mental health problems.

I did secretly record my medical last summer with a borrowed dictaphone.