please help esa medical fail

welshasiancheapskate

Hi all,
Sorry to interfere, my father also had a letter from ESA today saying he was awarded 0 points,the medical was also done in August.
I am fuming :@
My fathers been suffering from athritis from donkeys years with restricted body movement,he was meant to have an operaton but he was too afraid, he suffers from depression and gets very frustrated and irritant most days and usually talks and talksfor hours on end to himself.
BTW he had been self employed for the last 25 years up until 2007 in his own food restaurant.
I have been reading the forum upto so far and now my blood is boiling!
I will go and see his GP with him tomorrow meanwhile what reasons can I put on his appeal as our CAB has ceased service (government cuts :-S).
TIA

Wacs

Muttleythefrog

welshasiancheapskate wrote: »

I will go and see his GP with him tomorrow meanwhile what reasons can I put on his appeal as our CAB has ceased service (government cuts :-S).
TIA

Wacs

The important thing is to get clued up on the descriptors and to get a copy of the evidence used for the decision.. also request a statement of reasons if they haven't sent it already. Only then can you really decide your grounds for appeal because you'll effectively be arguing that descriptor(s) should apply and that the assessment was flawed in this regard, presenting any medical evidence you can to support your position. I don't know if Welfare Rights will be available to help if necessary?

Morglin

I've got no connection with it, and it costs £20 per year to join it, but for those who cannot get much professional help with a claim or an appeal, this site does give step-by-step guides to the process and criteria, which are downloadable, and has got a very good reputation.

It also has a forum for more general enquiries.

It might be worth some on here joining.

http://www.benefitsandwork.co.uk/forum?func=latest

Lin

cit_k

In addition to the advice given (ask for a statement of reasons and all evidence they used, and get that appeal in within the one month deadline, and read up on the descriptors and seek advice if possible) you can also if you are in receipt of housing benefit or lha, contact the council to let them know you are appealing. They may ask for proof you are appealing, or you may need to claim on a no-income basis, either way, you may also be required to submit bank statements etc.

You should be able to get any lha/housing benefit to continue (there may be a small gap till its sorted out, but it should be backdated), so you should not have to worry about becoming homeless on that basis.

sxy_lady

i know exactly how you feel! I have suffered with depression and anxiety for many years and have also received my ESA decision.I
also scored 0points .At the moment I don't know where to turn for help and this in effect is making me even more withdrawn and anxious .i can't sleep and am wondering if i just give up all together! I'm sure I wouldn't be a burden to my husband and children then

robus

sxy_lady wrote: »

i know exactly how you feel! I have suffered with depression and anxiety for many years and have also received my ESA decision.I
also scored 0points .At the moment I don't know where to turn for help and this in effect is making me even more withdrawn and anxious .i can't sleep and am wondering if i just give up all together! I'm sure I wouldn't be a burden to my husband and children then

Have you not got a pyschiatrist/psychologist that is treating you at the local CMHT? Maybe you have a CPN or Mental Health Social Worker?
Have you a care plan that has been agreed by all professionals looking after you?

You should have if you are being treated for clinical depression and anxiety. A copy of the plan and a letter from the consultant would help you no end with getting the decision overturned.

sxy_lady

Thanks I thought this would have all shown on my medical records!!! obviously didn't bother to read them then

cit_k

robus wrote: »

Have you not got a pyschiatrist/psychologist that is treating you at the local CMHT? Maybe you have a CPN or Mental Health Social Worker?
Have you a care plan that has been agreed by all professionals looking after you?

You should have if you are being treated for clinical depression and anxiety. A copy of the plan and a letter from the consultant would help you no end with getting the decision overturned.

Should have, but quite often people dont have, its a postcode lottery really.

Muttleythefrog

sxy_lady wrote: »

Thanks I thought this would have all shown on my medical records!!! obviously didn't bother to read them then

Yeah sadly your medical records aren't available to the process unless you provide details of them or they contact a medical professional (not usual) with access to them for evidence and they reveal such details. Sadly the onus for supporting evidence for ESA is placed in the hands of the claimant.

amber1979

Head for your nearest Citizens Advice Bureau immediately. We went through this and won.