Incapacity benefit, esa assessment!

drmqn442

Today i got my letter affter the first appeal i have been told i am now on work related activity group. Yet my GP sent a letter in saying i am not fit to do any work etc and told them my condition and the list of tablets i have to take each day and one of the is morphine based. I was told i would be back payed from feburay and today in my bank account it has gone in and now from £142.? every 2 weeks i am now getting £99.85 per week. Was also told i will be told to attend a work focsed interview to help me get back to work. My gp has said many time i cannot work i have really got a lot of problem etc had over 6 operation on my spine i have a cage round my spine to help surport it. and the hospital cannot do anymore for me as it will be far to dangerous and i have also do all i can to try and make things easy for me i even told them i asked for this spine stimulator to be fitted to get me off all the drung but again the surgon said no to dangerous. some days i cannot get out of bed. And if i did have to go and find work i could not even take all my meds and then the pain wopuld be even more painfull. I just dont know what to do also i and on DLA mobility high rate and middle DLA and i have been told i will not be taken off this unless i get much better. I dont get this i am sorry if i have gone on and on but i am really down and fed up with it all. I know other people that have not even had surgery or seen a doctor for years and have no problem getting it.Yet me that has lots of problems have to fight for it. Again so sorry. Just had to see what other have to say and any advise i am going to appeal again and i know my GP will again do another letter. I thpought if my Gp said i was unfit for anywork that would be it. Iam sure thay cannot go over my GP decsion

flight747

drmqn442 wrote: »

Today i got my letter affter the first appeal i have been told i am now on work related activity group. Yet my GP sent a letter in saying i am not fit to do any work etc and told them my condition and the list of tablets i have to take each day and one of the is morphine based. I was told i would be back payed from feburay and today in my bank account it has gone in and now from £142.? every 2 weeks i am now getting £99.85 per week. Was also told i will be told to attend a work focsed interview to help me get back to work. My gp has said many time i cannot work i have really got a lot of problem etc had over 6 operation on my spine i have a cage round my spine to help surport it. and the hospital cannot do anymore for me as it will be far to dangerous and i have also do all i can to try and make things easy for me i even told them i asked for this spine stimulator to be fitted to get me off all the drung but again the surgon said no to dangerous. some days i cannot get out of bed. And if i did have to go and find work i could not even take all my meds and then the pain wopuld be even more painfull. I just dont know what to do also i and on DLA mobility high rate and middle DLA and i have been told i will not be taken off this unless i get much better. I dont get this i am sorry if i have gone on and on but i am really down and fed up with it all. I know other people that have not even had surgery or seen a doctor for years and have no problem getting it.Yet me that has lots of problems have to fight for it. Again so sorry. Just had to see what other have to say and any advise i am going to appeal again and i know my GP will again do another letter. I thpought if my Gp said i was unfit for anywork that would be it. Iam sure thay cannot go over my GP decsion

Sorry to hear it but we all know that DWP will not care about doctor letter. U have to appeal yourself for support group and can go to tribnal to get yourself a slightly chance to win ! It pointless for GP to kept sent letter to DWP because they cannot change it once they decided you are in WRAG and you should appeal for SG from WRAG.

Good luck.

bikeit

The wife has just sent a letter and a sick note from her own doctor to the assessment dept explaining that she will be appealing their decision to stop her incapacity benefit, , who would be the best person to go with her on the day of her appeal, i am useless at these things as i normally get tongue tied and would not really know what to say to make her case stronger.

Cpt.Scarlet

flight747 wrote: »

Sorry to hear it but we all know that DWP will not care about doctor letter. U have to appeal yourself for support group and can go to tribnal to get yourself a slightly chance to win ! It pointless for GP to kept sent letter to DWP because they cannot change it once they decided you are in WRAG and you should appeal for SG from WRAG.

Good luck.

I know of a number of claimants who were moved to the Support Group from the WRAG by the DWP during the Reconsideration phase of their appeals. It is simply not the case that the DWP will not change their original decision.

drmqn442

bikeit wrote: »

The wife has just sent a letter and a sick note from her own doctor to the assessment dept explaining that she will be appealing their decision to stop her incapacity benefit, , who would be the best person to go with her on the day of her appeal, i am useless at these things as i normally get tongue tied and would not really know what to say to make her case stronger.

I am just the same get all mixed up but what i am going to do is sit down a put all my problems and questions on paper and make sure i read it when i am with them and try not to get upset or mixed up. So i do understand you as for the doctors letters i did talked to them today and was told if your doctor will do another letter this will help my case a lot. It has in the passed when i was going for DLA and got that and was told i would not have to apply again unless my condition got worse or better what makes me mad is do thay not look at peoples records because if they saw i was on the top mobility/ middle living would not that tell them i have big problems? I dont understand them. I do hope you get things sorted out this is such a upset for us people that really need this help. Good luck just remember put all your questions on paper and also why you feel this desion should be changed and tell them how your every day life is also put all your medication down. Please let me know how you get on good luck:)

Muttleythefrog

drmqn442 wrote: »

I am just the same get all mixed up but what i am going to do is sit down a put all my problems and questions on paper and make sure i read it when i am with them and try not to get upset or mixed up. So i do understand you as for the doctors letters i did talked to them today and was told if your doctor will do another letter this will help my case a lot. It has in the passed when i was going for DLA and got that and was told i would not have to apply again unless my condition got worse or better what makes me mad is do thay not look at peoples records because if they saw i was on the top mobility/ middle living would not that tell them i have big problems? I dont understand them. I do hope you get things sorted out this is such a upset for us people that really need this help. Good luck just remember put all your questions on paper and also why you feel this desion should be changed and tell them how your every day life is also put all your medication down. Please let me know how you get on good luck:)

It's important you understand that the Work Capability Assessment does not determine if you can work, are unable to work or anything of such clarity. The Work Capability Assessment specifically looks at various areas of function... physical and mental... to see if statements of disability written into law (descriptors) apply to you. This is where your GP is not helping you... writing a letter saying you are unfit for any type of work is effectively not saying anything in relation to the WCA. The GP probably thinks he is helping but he needs to write something specific in relation to the descriptors. It's also worth pointing out that you doctor may have written helpful information in the past regarding DLA but it is possible he had a much better knowledge of DLA criteria than that for ESA's WCA as DLA has been around for a long time and ESA is relatively new. Unlike for DLA the DWP will typically have independent and specific medically provided advice in relation to the criteria due to the large role ATOS HC play regarding ESA... this means the DWP are typically armed with extremely relevant medical opinion that your GP needs to counter... as opposed to DLA where the GP role may simply be to generally confirm the problems you claim to have. So you medical evidence ideally needs to be quite well directed.. written with decent knowledge of the criteria for ESA and which criteria applies to you.

Now it sounds like you appealed a 'fit for work' decision and at automatic reconsideration at DWP this was overturned and they placed you in WRAG (this is reading between lines.. it's not clear). If you think Support group is where you should be then you can appeal this new decision made by the DWP and make a case for Support group descriptor applying (one or more.. there are some exceptional circumstance criteria too and that is often referred to as the non-functional descriptors). If you can get your GP to directly support your case for Support Group descriptor(s) then that could be incredibly helpful. If you appeal the WRAG decision there is a risk you will be found not to meet WRAG or Support Gp criteria.. the risk is probably low.. but it has to be mentioned.

Muttleythefrog

bikeit wrote: »

The wife has just sent a letter and a sick note from her own doctor to the assessment dept explaining that she will be appealing their decision to stop her incapacity benefit, , who would be the best person to go with her on the day of her appeal, i am useless at these things as i normally get tongue tied and would not really know what to say to make her case stronger.

Presumably she's being moved from Incapacity Benefit to ESA?

It's important to focus on the descriptors... that's the battlefield where entitlement is determined. So the best people to help her generally and at tribunal are those who know her medical circumstances, day to day life and the descriptors for the Work Capability Assessment. In advance of the tribunal.. and in making appeal case I'd focus on the descriptors you think apply, try to get supporting medical evidence for them, explain why they apply and perhaps discredit evidence such as an ATOS HC medical report that directly conflicts with what you claim.

When her appeal request is accepted then the DWP will conduct an automatic reconsideration of their decision to see if they can change it... it can be very helpful to get in supporting evidence before they do this... it can take many weeks to carry out.. perhaps 3 months. If they don't change decision then papers are sent to tribunals service to arrange appeal... that may take another few months.

Cpt.Scarlet

bikeit wrote: »

The wife has just sent a letter and a sick note from her own doctor to the assessment dept explaining that she will be appealing their decision to stop her incapacity benefit, , who would be the best person to go with her on the day of her appeal, i am useless at these things as i normally get tongue tied and would not really know what to say to make her case stronger.

Just to be clear. Your wife needs to appeal being refused ESA not IB. Her IB claim has been closed and will not be re-opened.

tyroleandancer

Wish I had read the descriptors for ESA before my medical a few days ago. I have a problem lifting my right arm but when asked to raise both used the right to help me
I was unable to sit for more than 10 minutes, I didn't even sit in the waiting room as it's too painful so that may be my saving grace. I also have bladder problems resulting in several changes of clothes a day.
Do decisions take a long time?
Thank you.

Muttleythefrog

tyroleandancer wrote: »

Wish I had read the descriptors for ESA before my medical a few days ago. I have a problem lifting my right arm but when asked to raise both used the right to help me
I was unable to sit for more than 10 minutes, I didn't even sit in the waiting room as it's too painful so that may be my saving grace. I also have bladder problems resulting in several changes of clothes a day.
Do decisions take a long time?
Thank you.

Decision can take quite a while. Suggest requesting copy of the ATOS medical report ESA85 from DWP ASAP... it's quite likely that the DWP will in due course as a good as rubber stamp the advice of that report.