ESA medical coming up

aurongrande_2

I was just reading another thread about a person who suffers from sever asthma, who has been told by the Government Benefits Doctors or whatever they're called is able to work.

I recently got a medical form for my conversion from Incapacity and DLA onto ESA. I had to get help to fill out the form for sending off.

For 8 years now, I had been increasingly suffering from a mysterious condition which renders me unconscious. Up until last August, it only affected me once or twice a year, but then took a turn for the worse. I now fall unconscious on a regular basis.

I can pass out multiple days in a row and have as much as 4 episodes within an hour, up to not having a single one for a few weeks.

It renders me lethargic, slow to think and respond before and after having an episode, and when I'm unconscious if you want to call it, all I can do is hear. I can hear the odd word, or most of a sentence. It varies. Each episode can last between a minute to about 10 minutes.

When I'm out, I can't feel a thing, I can't respond etc. I don't even feel pain. One nurse was almost on the verge of breaking my collar bone at one point, and I didn't feel a thing until about half hour after coming round.

I've passed out whilst shopping, opticians, walking my dog, whilst in hospital for tests. You name it, I've more than likely passed out at that point. I had to give up driving because of it, and I think DVLA has terminated my driving licence. I sent it off for the photo renewal.

This August, I have to take at least a half hour car journey (1 way) to take the so called medical assessment. I know full well that they will call me fit for work, even if I had an episode in front of the doctor.

Everyone that has witnessed me having an episode or multiple ones agree that I'm not fit for work. One lady in my opticians said "What will they do, make him work in a padded room all day?" when my dad told her that the DWP or whatever is trying to force me back into work.

My friends and family and strangers are in an uproar because of what the DWP is trying to do to me.

So that's my story out the way. Is there any recommendations that anyone can give me before my assessment?

cit_k

Dont engage in any idle chit chat with the assessor, keep replies factual and stress as much detail as you can.
Do not allow the assessor to cut you short, or move on to the next question. [redit to add, before you have given your evidence]
Remind the assessor they have a duty to accurately convey your evidence to the decision maker, and if their opinion differs
they must fully justify and explain why theirs is accurate, or why yours is not.
Remind the assessor they have a duty under GMC or NMWC rules to show you a copy of the medical report in full, the one that would be sent to the decision maker, BEFORE it is sent, so you can take it away and check for innacuracies and report them to atos for corrections before they send it.
Remind him, if he does not, you are within your rights to logde a complaint with his or her professional regulatory body.
Ask the DWP to get ATOS to record the medical, as you are concerned by the high number of reports of untruths and innacuracies in ATOS reports, and in the interest of natural justice, you quite fairly feel it is in both parties interests a accurate recording is made that both parties can use.

Read up as much as you can on the descriptors surrounding ESA.
Do not trust the assessor, exect them to be friendly, but also expect them to use everything you say or do against you.
So be careful (but honest) in what you say.

If called for a medical, ask for a copy of the esa85a preboard medical report, and all evidence used.

See if its accurate, if it has any failings, complain and ask for the medical to be put on hold until the complaint is dealt with, as in the interest of justice, they should not be sending you for a medical surely if there is doubt over the accuracy of the preboard report that stated you needed the medical.

Also, put in writing when you ask about the recording, that you expect the medical to compy with all GMC or NMWC rules, and as such would expect a copy of the full medical report before it is sent to the decision maker so you can report problems. Remind them, if they attempt to send you to a medical that does not comply fully with gmc rules, they will be in breach of legislation!

cit_k

Nearly forgot, keep copies of everything, dont throw anything out, send everything recorded delivery, and check with who is helping you before you act on anything for a second opinion.

Also, make sure you stress at assessment you had third party help filling in the form (it makes a difference)

viktory

aurongrande wrote: »

My friends and family and strangers are in an uproar because of what the DWP is trying to do to me.

To be fair, at the moment all the DWP are doing is asking you to clarify that you are still ill enough to need to be in receipt of benefits. They haven't singled you out for unfair treatment, as they are asking everyone to attend these medicals and complete these forms.

I would advocate caution when listening to other people's horror stories. I am quite sure that for every horror story there are ten that would be positive.

1echidna

Probably they just want to verify what was said by you on the form, which seems to me to fully entitle you to benefit and to membership of the support group. One thing they may be concerned about is that should you improve, they get to hear about it quickly. Don't worry and act in a straightforward manner, they will be less likely to think you are hiding anything.

Miss_Voodoo

aurongrande wrote: »

Everyone that has witnessed me having an episode or multiple ones agree that I'm not fit for work. One lady in my opticians said "What will they do, make him work in a padded room all day?" when my dad told her that the DWP or whatever is trying to force me back into work.

My friends and family and strangers are in an uproar because of what the DWP is trying to do to me.

All they've done is request that you attend a Work Capability Assessment! How do you know what the outcome will be?

Muttleythefrog

aurongrande wrote: »

So that's my story out the way. Is there any recommendations that anyone can give me before my assessment?

I'd take any medical evidence you can that supports your case... remember it is all about the descriptors.. the Work capability assessment descriptors. If you could identify the ones that apply to you and perhaps try to get some evidential support for that from GP or specialist. What you could do is say to them you've got this medical coming up and are worried that because the condition isn't diagnosed they might not be able to assess you or take you seriously... that might provoke them to write a few details down of what you experience.

Try not to worry... if all goes wrong you can appeal and face decent odds. Don;t hold back describing the effects of your condition. For example if they ask if you had a good journey to the assessment centre you can point out you had to be driven there because you obviously couldn't drive yourself safely (and potentially couldn;t use public transport safely)... point out they revoked your licence if that's the case.

cit_k

1echidna wrote: »

Probably they just want to verify what was said by you on the form, which seems to me to fully entitle you to benefit and to membership of the support group. One thing they may be concerned about is that should you improve, they get to hear about it quickly. Don't worry and act in a straightforward manner, they will be less likely to think you are hiding anything.

Or, they have just not bothered reading the form, and sent you for a medical, the pre-board report if requested will shed light on the true situation.

cit_k

Miss_Voodoo wrote: »

All they've done is request that you attend a Work Capability Assessment! How do you know what the outcome will be?

He never said he knew what the outcome would be did he? Did I miss that bit, can you quote it for me?

He did say, the dwp are trying to force him back to work, that would be true, as the point of ESA is to get as many people of ESA and into the job market. Obviously they cant force everyone, but they will try, and in many cases fail.

Miss_Voodoo

cit_k wrote: »

He never said he knew what the outcome would be did he? Did I miss that bit, can you quote it for me?

I asked him a question based on his post which implied he thought it was a done deal and he would be found fit for work.

He did say, the dwp are trying to force him back to work, that would be true, as the point of ESA is to get as many people of ESA and into the job market. Obviously they cant force everyone, but they will try, and in many cases fail.

Are they really trying to force him back to work? Or, as has already been mentioned, are they wanting to gain more information to use in conjunction with that already provided, in order to make an assessment?

NASA_2

There is nothing at all to worry about.

The correct decision will be made based on the evidence in front of the decision maker.