Joy! An ESA50.

NASA_2

cit_k wrote: »

I have huge issues, because of ATOS and DWP lies or incompetance, the claim is not shakey otherwise I would not keep winning at appeal now would I?

I was under the impression that you lost an appeal in the fairly recent past?

cit_k

krisskross wrote: »

Until there is a better system then the present one will obviously continue to be used

There IS a better system, not much better though, but the previous IB system has not been declared yet as unfit for purpose by its designer.

cit_k

NASA wrote: »

I was under the impression that you lost an appeal in the fairly recent past?

I did, as the first appeal erred on multiple points in law (as well as the representative failing to remember to turn up [edit to add: and not helped by me almost passing out half way through leading to an adjournment.]).

That was (slowly) rectified by upper tribunal judge, who ordered a new appeal, which was successfully won without any difficulty at all.

edit to add: in effect the lost appeal was invalid, so did not really lose it, as you cant lose something that was outside of the law in the first place.

krisskross

cit_k wrote: »

I did, as the first appeal erred on multiple points in law (as well as the representative failing to remember to turn up [edit to add: and not helped by me almost passing out half way through leading to an adjournment.]).

That was (slowly) rectified by upper tribunal judge, who ordered a new appeal, which was successfully won without any difficulty at all.

edit to add: in effect the lost appeal was invalid, so did not really lose it, as you cant lose something that was outside of the law in the first place.

Have you ever had a medical that did not need appealing?

rogerblack

NASA wrote: »

That's the thing.

Its a pretty short form and you get four weeks to fill it in. What's with all the !!!!ing whining?

If the form was about the state of my car, there wouldn't be a problem.
I can simply and accurately fill it in. (it has the brake caliper off for approaching 2 years now as I have been unable to pass my driving test due to tiredness)

I spend most of the time trying very very hard not to reflect on my illness, but to focus on what I can do.
To make what efforts I can towards various schemes to getting myself off benefit etc.

I try not to focus on what my illness has cost me, as I'd probably have ended it long ago if I did.


Focusing solely on your illness for the purposes of filling in the form can be soul destroying and draining.

Putting down on paper that if I'm out for more than a few minutes I get exhausted enough that I can't safely cross the road.
Or that I've been detained by the police in this state and an ambulance called.
That I get out of my house on average once a month as I only go out when I cannot avoid it due to the above problems.
That in the village I've lived for 40 years, I recognise perhaps 3 people by face.
That I have never had a relationship simply as I find interacting with people for more than a few minutes horribly tiring.

And then trying to prove all of this.

Being able to lie to myself and pretend that I'm not that bad is one of the few things that stops me just wanting to go to sleep and never wake up.

krisskross

cit_k wrote: »

There IS a better system, not much better though, but the previous IB system has not been declared yet as unfit for purpose by its designer.

But surely IB is looking at a an unfit to work claim completely differently?

ESa is looking at fitness to work...any kind of work.

cit_k

krisskross wrote: »

Have you ever had a medical that did not need appealing?

Not one from ATOS no.

What is shocking, that multiple times, their medical reports can be shown to be highly innacurate.

Although, once I did not actually have to go to appeal, I won at reconsideration stage by simply listing the multiple lies that the assessor had on the report word for word.
Alongside that I word for word quoted my own evidence that was presented to the assessor, so the decision maker could see the untruthes (of which there were many) in the report.

I also then stated (truthfully) that I had a recording of the actuall assessment, which is why the lies could be exposed word for word.

The DWP did not even bother asking to listen to the evidence, they reversed the decision straight away.

cit_k

krisskross wrote: »

But surely IB is looking at a an unfit to work claim completely differently?

ESa is looking at fitness to work...any kind of work.

IB is also looking for fitness for any kind of work too.

Both are quite similar really, ESA has just got harsher qualifying criteria, and two groups.

Technically IB should be harsher, as its fit for ANY kind of work and you fail, whereas with ESA you can be in the work related group if they think you are fit for work with some help.

JS477

1echidna wrote: »

What I meant is download the form at http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@money/documents/digitalasset/dg_195544.pdf

Good for doing a draft and getting comments from others to ensure everything relevent is covered properly.

It's worth remembering that despite the wording pertaining to the Moving around and using steps descriptor viz.:-

"By moving we mean including the use of aids such as a manual wheelchair, crutches or a walking stick, if you usually use one, but without the help of another person."

The Work Capability Assessment Handbook which is issued to Atos "healthcare professionals" tells them that:

“In this activity, the HCP should consider whether a person could potentially use a wheelchair regardless of whether or not they have ever used a wheelchair.”

So even though the question on the ESA50 form clearly states "if you usually use one" what they don't tell you is that you can be assessed whether you could potentially use one and if the so called HCP deems that you can potentially use one even if you don't, as the question states, usually use one then you fail that part of the assessment.

molliemookie

I've just sent my 2nd form off.

Can you learn a simole task like sertting an alarm clock, my reply: I haven't had a new alarm clock in years so can't say if I could learn to set a new one.

Washing machine one I replied, yes but then the clothes all need washing again as they can be left in there for days on end and smell.