please help esa medical fail

dillon_1980

i my partner went fora esa medical in august and today we have had a reply say that she has 0 points because she is Psychical fit for work
but i i dont understand is that there is no mental health points she suffers from Depression and anxiety and is on strong medication for that which make her slugish and cranky i mean i look after her i cook clean she does not go out but they have said she is fit for work due to the psychical and the worst thing is that they did not even ask questions that they said she failed on all they were asking was her state of mind and does she go out and get this does she watch tv please can you help me because she is mental unfit for work i do not know what to do and will we lose hb and tc because i dont wont us to be homeless there decsion has made her even more ill
thanks and best regards dillon and sorry for spelling misstakes

Cpt.Scarlet

dillon_1980 wrote: »

i my partner went fora esa medical in august and today we have had a reply say that she has 0 points because she is Psychical fit for work
but i i dont understand is that there is no mental health points she suffers from Depression and anxiety and is on strong medication for that which make her slugish and cranky i mean i look after her i cook clean she does not go out but they have said she is fit for work due to the psychical and the worst thing is that they did not even ask questions that they said she failed on all they were asking was her state of mind and does she go out and get this does she watch tv please can you help me because she is mental unfit for work i do not know what to do and will we lose hb and tc because i dont wont us to be homeless there decsion has made her even more ill
thanks and best regards dillon and sorry for spelling misstakes

You need to understand that ESA is not awarded for a particular diagnosis, but for the claimants ability to pass a variety of tests laid down in the legislation.

You can appeal the decision but you are going to need to show she scores 15 or more points based on the criteria. See
http://www.legislation.gov.uk/uksi/2011/228/made/data.pdf

dillon_1980

thank you i have read this and the pionts she can get from that surpass 15 they have only marked her down for mobilty task and not
Engagement in social contact is always
precluded due to difficulty relating to others
or significant distress experienced by the
individual... 15 point
Is unable to get to a specified place with
which the claimant is unfamiliar without
being accompanied by another person...6 points


Engagement in social contact with someone
unfamiliar to the claimant is not possible for
the majority of the time due to difficulty
relating to others or significant distress
experienced by the individual.,,6 points


Has, on a daily basis, uncontrollable
episodes of aggressive or disinhibited
behaviour that would be unreasonable in any
workplace...15 points
and i couid go on and on so why have they only marked her down for the pysical way ??????

Muttleythefrog

dillon_1980 wrote: »

thank you i have read this and the pionts she can get from that surpass 15 they have only marked her down for mobilty task and not
Engagement in social contact is always
precluded due to difficulty relating to others
or significant distress experienced by the
individual... 15 point
Is unable to get to a specified place with
which the claimant is unfamiliar without
being accompanied by another person...6 points


Engagement in social contact with someone
unfamiliar to the claimant is not possible for
the majority of the time due to difficulty
relating to others or significant distress
experienced by the individual.,,6 points


Has, on a daily basis, uncontrollable
episodes of aggressive or disinhibited
behaviour that would be unreasonable in any
workplace...15 points
and i couid go on and on so why have they only marked her down for the pysical way ??????

Unfortunately many people have face to face medicals that simply don't reflect reality. Scoring zero points is not unusual for some quite ill people.

If they feel they should pass their work capability assessment (and what you say above regarding descriptors suggests she should) then best course of action probably will be to appeal the decision. There are probably plenty of threads already in this section regarding advice on appealing ESA decision (perhaps a search will find many). First step is to request a statement of reasons for the decision and a copy of all the evidence used if you haven't already been given these things. Might be worth trying to get 3rd party support from welfare rights or CAB as it can help many to have legal support. The important thing is to remember the benefit is tested against the descriptors and any supporting medical evidence that can be gathered to support a claim various descriptors apply would be very helpful.

While awaiting appeal, usually can get assessment rate ESA with medical certificates continuing to be sent in.

rogerblack

dillon_1980 wrote: »

why have they only marked her down for the pysical way ??????

Because the assessments are not always very good.
You need to both gather evidence why the assessment is inaccurate - from any professionals involved - or even write a letter yourself, and ask for a reconsideration.
If this is not granted, then appeal, and you will be seen by an independant tribunal (in person for the best result).

dillon_1980

i will appeal this unjust decision because i know u only have 30 days to do so so if i ask for it to be reconsierd that might take all the time which is what they want this is the brain dead gov for you at its best putting my partner trough all this hell for the gov figures

Muttleythefrog

dillon_1980 wrote: »

i will appeal this unjust decision because i know u only have 30 days to do so so if i ask for it to be reconsierd that might take all the time which is what they want this is the brain dead gov for you at its best putting my partner trough all this hell for the gov figures

It's worth noting that if you appeal then the DWP will carry out an automatic reconsideration to see if they can change their decision. If they don't then they send papers off to tribunals service. It'll all take many months. Definitely try to get supporting medical evidence though. They're probably relying on the medical report from ATOS for the decision and a medical professional actually involved in treatment/care of your partner would be a potentially powerful voice to challenge their findings.

dillon_1980

yes i have full support from our doctor who treats her and put her on the medication . i will get help from cab i will ask them to fill the apeal form in and send it off for me.. thanks to all of u for helping me

NASA_2

Being sluggish and cranky are reasons to get ESA?

If that were the case I would give up my job and stick in a claim as soon as possible.

Owain_Moneysaver

The ESA don't ask direct questions about your ability to work. They extrapolate it from seemingly irrelevant answers you give.

Did you come here on your own?
Did you use public transport? -- You can go out to work

Do you use a washing machine -- You can carry out moderately complex tasks

Do you watch television or read a magazine -- You have no problems with concentration

When you get the transcript of the medical assessment you will see the tenuous connection between the questions they ask and the descriptors for which you need points.

dillon_1980

Did you come here on your own? no i took her
Did you use public transport? no i took her in car
they also asked can she go any ware with out me we said no which she cant
i wouid like to see me going to work with her yeh right they full of bull
this all come down to the people who wont work but who are mental and psyical fit.and the serious ill people suffering