Incapacity benefit, esa assessment!

tyroleandancer

Muttleythefrog wrote: »

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.

Thank you
How will that help me? Just incase I need to appea?
In fairness the accessor did go in to great depth re my bladder problems.

rogerblack

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

This would not affect things.
The DWP view (that has not been challenged successfully) is that 'cannot raise either arm' means that if you can raise your left or right arm, you do not meet this descriptor.
It's not (cannot raise) (either arm), but (cannot ) (raise either arm),
if that makes sense.

If you are found to suffer 'voiding of the bladder' more than once a week, then you qualify for the support group.

tyroleandancer

rogerblack wrote: »

This would not affect things.
The DWP view (that has not been challenged successfully) is that 'cannot raise either arm' means that if you can raise your left or right arm, you do not meet this descriptor.
It's not (cannot raise) (either arm), but (cannot ) (raise either arm),
if that makes sense.

If you are found to suffer 'voiding of the bladder' more than once a week, then you qualify for the support group.

That makes sense, thank you.
I have another question.
I have been offered an operation to possibly help with the voiding of bladder but it carries some risks that I was asked to consider seriously. After some consideration I decided to refuse the operation. Can this go against me?

Muttleythefrog

tyroleandancer wrote: »

Thank you
How will that help me? Just incase I need to appea?
In fairness the accessor did go in to great depth re my bladder problems.

How will the report help you? It'll give full detail of the descriptors that the ATOS HCP found to apply.. it'll also give prognosis which is important for reassessment timing. i.e. the report in all likelihood will effectively tell you if the DWP are going to place you in WRAG or Support Group and for how long and why (useful for potential future reassessments). Alternatively it could recommend you fail the WCA.. be found 'fit for work'... in which case it is an important document should appealling be considered.... assuming of course that the DWP do indeed ultimately accept the ATOS recommendation.

drmqn442

Thanks for your reply back i understand what your saying about my Gp letters etc wont help. Now i just got another letter from them saying will look at it again please send as much information i can eg GP letters. So i rang them and was told any letters will help you i now also sent a letter from the consultant that has done all my operations.Saying i am not fit to do any work. I also asked can thay still go over the Gps letter & the consultant infromation. She said no. Also i put in my own letter for the 2nd appeal about my falls and all the meds i take who will take the blame if i do fall when i am working i said i wont because you havebeen told. And i can fall at anytime and cause somthing to happen again. This someones life and should lisen to the GP's and the surgeons.Also i put in what i have got in Doctors terms then thay may think again what i have will never go and slowly get worse. I just dont get it We are the people that really need the help and so many Don't go through what we have to some know the system i think. Anyway i have had a good moan lol and n ow i jsut have to sit and wait to see what thay come up with this time i wont give up and my GP will surport me all the way

Muttleythefrog

drmqn442 wrote: »

Thanks for your reply back i understand what your saying about my Gp letters etc wont help. Now i just got another letter from them saying will look at it again please send as much information i can eg GP letters. So i rang them and was told any letters will help you i now also sent a letter from the consultant that has done all my operations.Saying i am not fit to do any work. I also asked can thay still go over the Gps letter & the consultant infromation. She said no. Also i put in my own letter for the 2nd appeal about my falls and all the meds i take who will take the blame if i do fall when i am working i said i wont because you havebeen told. And i can fall at anytime and cause somthing to happen again. This someones life and should lisen to the GP's and the surgeons.Also i put in what i have got in Doctors terms then thay may think again what i have will never go and slowly get worse. I just dont get it We are the people that really need the help and so many Don't go through what we have to some know the system i think. Anyway i have had a good moan lol and n ow i jsut have to sit and wait to see what thay come up with this time i wont give up and my GP will surport me all the way

Just to clarify... without seeing your GP letters it is very hard to say if they'll be supportive of your case. But what I would say is that if they say something like 'x is not able to work' then that is probably worthless because that's not what is being tested... in fact the DWP already acknowledge you currently can't work as they've placed you in WRAG after what seems reconsideration. What you now need to do is appeal (and I warn it could go wrong and you lose your entitlement to ESA..i.e. are found not eligible for WRAG or Support Group.. so it is a risk!) against that new WRAG decision and argue that you meet Support Group criteria... medical evidence that supports your claim that support group criteria is met would be good evidence.

Your consultant saying that you are 'not fit to do any work' is to be honest of limited use... that isn't something being tested. What they ideally need to write is that you meet Support Group descriptor x because y. The Support group descriptors (or special circumstance criteria) are all that matters... the only thing that matters... if one applies then you're eligible for Support Group. If this doesn't make sense or seems confusing then I strongly... strongly... recommend you get someone to help you appeal.

The support group descriptors are listed here
http://www.tameside.gov.uk/esa/lcwra

There is a special circumstance that may potentially be relevant to you... 'would pose significant risk to any person if found capable of work or work related activity'.

blondee55

Hi all, sorry I have not been on lately, but that is another matter. My appeal was held last week and unfortunately I could not attend it. I sent in a detailed 7 page letter highlighting the flaws in the ATOS assessment and hoped that this would help. Anyway today I have received a letter saying that appeal was adjourned, as they could not reach a decision, they have now asked for consent for my medical records to be sent to them to help with the appeal decision. To be honest I thought the appeal would have gone against me, but does this news offer any encouragement or is it a standard practice for the appeals process?

Muttleythefrog

blondee55 wrote: »

Hi all, sorry I have not been on lately, but that is another matter. My appeal was held last week and unfortunately I could not attend it. I sent in a detailed 7 page letter highlighting the flaws in the ATOS assessment and hoped that this would help. Anyway today I have received a letter saying that appeal was adjourned, as they could not reach a decision, they have now asked for consent for my medical records to be sent to them to help with the appeal decision. To be honest I thought the appeal would have gone against me, but does this news offer any encouragement or is it a standard practice for the appeals process?

The tribunal can ask for more evidence if it feels it needs more to reach a decision. It's good news in that you haven't lost. It's a real shame you weren't able to attend.. possibly you would have been crucial to them getting this information they needed.. from your own mouth. To be honest I'm not sure of protocol here... whether you'll be given option to attend when they reconvene. If they do... try to get there.

rogerblack

blondee55 wrote: »

but does this news offer any encouragement or is it a standard practice for the appeals process?

They could not decide fairly on the basis of what's in front of them that you were not entitled.
Hence they want more evidence.
This can only be positive, but it doesn't mean that they won't come to a negative decision.

If you can possibly turn up at the rescheduled hearing, that would be most useful, and generally help your case.

bikeit

The wife got a 60 page copy of the Appeal Tribunal submission today explaining her whole case history and a cover letter about her appeal and to let her know that someone will be in touch with her to let her know where and when her oral hearing will be,
Anyone please offer any advise as what she should be doing now to strengthen her appeal, this is really affecting her she cannot sleep and finds it hard to eat a meal,