failed esa with atos medical

Oldernotwiser

Have you applied for DLA mobility?

Many people with severe asthma do work, using a portable nebulizer as has been suggested. The fact that you can't walk to the bus stop isn't really that relevant.

I'm not unsympathetic as my husband uses four different inhalers on a daily basis but he knows that exercise is the best thing for his condition (COPD) , even if it does involve turning up his oxygen to do this. Have you tried yoga or relaxation techniques to help you deal with the panic attacks or do you take a mild tranquillizer when you need it?

rogerblack

hmsribble wrote: »

they still called me back and the same doctor has declared me fit who sent me home.

Addressing the technical issues first.

The doctor does not find you fit.
The decision maker decides you fit based on the medical report and any other evidence.
Did you submit other evidence than just the ESA50.
They do not typically request information from any doctors you may have listed on your claim.

There are several routes to ESA. There is one descriptor that qualifies you for either group - if it would put your or other peoples health at risk if you were found ready for work.
The others are more complex.

http://www.dwp.gov.uk/docs/dmgch42.pdf - page 31 and on.
And the current descriptors are listed in http://www.dwp.gov.uk/docs/dmgch42.pdf

These are the decision makers guides for how to assess someone for ESA.

As a quick skim - looking at the descriptors, descriptor 1 looks promising. For example, you get 9/15 points if you can't 'repeatedly mobilise 100m within a reasonable timescale without severe discomfort or exhaustion'
I would also look at descriptor 10, conciousness during waking moments.
During a severe asthma attack, your blood oxygen drops to a level where your conciousness is significantly disrupted.
Once a month if this happens, this is worth 6 points.
There may be arguments for descriptor 15, which is about getting around, as well as 16, social engagement.

Look at the support group descriptors too - 'limited capability for work related activitiy'

In addition to this, search for 42365 in the longer document.
You can be treated as having LCW or LCWRA (limited capacity for work (related activity)) if being not treated so would cause a substantial risk to the mental or physical health of any person.


Something to bear in mind is that for all the descriptors on activities, it's not for something you can do once on a day. It's for something you can do with a reasonable regularity through the workday.

First, phone up and request a statement of reasons on the decision, and a copy of all the information used to make the decision. This both tells you where they're coming from, and what information they used that you need to contest or augment.

It also extends the deadline you have to appeal by 2 weeks.
Do not at this stage send a formal appeal request in writing - you want them to reconsider your request only when they have all the info.

Now read and understand the current descriptors (the smaller document) and work out carefully what ones may apply.

Get a letter from your GP and/or the hospital confirming your admission to ICU, and emphasising that this is a lifelong condition that is not well controlled by your medication.
Get comments from anyone involved in your care.

Then submit all this evidence, or copies of it, along with your GL24 form (the form is not actually required, you can appeal by letter) by special delivery or recorded mail, and let them know you've sent the letter.

They will not know they've recieved the letter till around a week after they get it, and won't typically respond in any way for a week or more after that.

If they do not decide to put you in the support group, then write them asking for an oral tribunal.
This will then in 6-12 months have you seen by the independent tribunal which will look at all your evidence again.
During this time, you will be on assessment rate ESA - 65/week possibly.