Incapacity benefit, esa assessment!

HB58

You can start the appeal process straight away, tell them that you will supply further details of your grounds for appeal after you have received their papaerwork. However, as has been said, if you can get some supporting evidence (or rebuttal) in soon it could help the reconsideration go your way.

Hank_Marvin

whats descriptors then?? by the sounds of it they make filling out these forms very hard work. Why can't the CAB advise clients and help fill the form out with you or, are you not allowed to have any help them with them. It's wrong that they make these forms [by the sounds of it] difficult and set out to deliberately catch you out.

Muttleythefrog

blondee55 wrote: »

Thank you for the quick and detailed replies:) Should I wait to appeal until I have received the ATOS medical report or should I start the ball rolling now? I have already booked in to see my GP next week about getting a Dr`s note, although I have not had one for years.

As per the above... you could get the ball rolling if you are worried regarding running out of time or things getting lost in post by indicating in writing to the DWP you intend to appeal the decision x of date y because you disagree with it as you have limited capability for work (and maybe limited capability for work related activity - you're best placed to tell by looking at the descriptors and assessing which you think apply). State you'll be supplying further details regarding your appeal in due course when you've received the evidence used to take the decision.

In other words.. to be blunt.. you really need to analyse the evidence used to make your case for appeal. You might want to seek 3rd party support like from CAB.... I suppose you'll have to assess whether you feel competent to do a decent job of making a technical case of what descriptors should apply and therefore what decision should be made.

Muttleythefrog

Hank_Marvin wrote: »

whats descriptors then?? by the sounds of it they make filling out these forms very hard work. Why can't the CAB advise clients and help fill the form out with you or, are you not allowed to have any help them with them. It's wrong that they make these forms [by the sounds of it] difficult and set out to deliberately catch you out.

They ESA50? It can be a tricky form to fill in and the questions should be answered by studying their related descriptors I would strongly suggest as they don't entirely correlate. I presume CAB and the like would help people fill out these forms but I suspect due to dwindling resources and increased demands you might have a prohibitive wait. The medical itself... the questions can be quite subtle and used to make quite surprising inferences (and extrapolations) at times.

This is a decent link for guidance on filling in the ESA50 (particularly for mental health sufferers). http://www.rethink.org/document.rm?id=10911

Hank_Marvin

So Blondie55 has lost her medical does that mean from now on she will get a reduced benefit till she has her appeal heard. Why cannot they leave her benefit alone till they see the outcome of the appeal. That's wrong that, it's enough to tip a person over the edge. Terrible from the GOV to allow this to happen. You must get about 30-45 minutes in an interview and be on the ball or else... Just shoot me now and be done with it is my thought's.

blondee55

Wow!!! Have just received my ATOS report and I am totally in shock:eek: I have been awarded no points at all, and to say the answers I gave to the "examiner" have been distorted is an understatement, some are total lies to say the least. Anyone reading this report would think I am a social butterfly, according to ATOS, I go out for walks everyday, when in fact I told her depending on how severe my pain was, I would very infrequently stretch my legs in the fresh air. According to her I visit the cinema regularly even though I told her that I have been twice in the last year. I could go on and on about the inaccuracies in her report, especially about my back operation (double discectomy and spinal fusion) which is not even mentioned, according to her I state that I have problems with my back, why are my medical records not used? Sorry for the rant but I am totally aghast with the report, I answered honestly and these answers have been twisted or totally ignored at all, a lot of the report is just fabrication on the examiners part, I cannot believe she has missed lots of relevant stuff off it. Anyway I am seeing my Dr next week, and I will be taking this report with me and will I be asking them to help me with my appeal, in the meantime any other advice concerning my appeal would be greatly appreciated.

Mojisola

blondee55 wrote: »

Wow!!! Have just received my ATOS report and I am totally in shock:eek: I have been awarded no points at all, and to say the answers I gave to the "examiner" have been distorted is an understatement, some are total lies to say the least. Anyone reading this report would think I am a social butterfly, according to ATOS, I go out for walks everyday, when in fact I told her depending on how severe my pain was, I would very infrequently stretch my legs in the fresh air. According to her I visit the cinema regularly even though I told her that I have been twice in the last year. I could go on and on about the inaccuracies in her report, especially about my back operation (double discectomy and spinal fusion) which is not even mentioned, according to her I state that I have problems with my back, why are my medical records not used? Sorry for the rant but I am totally aghast with the report, I answered honestly and these answers have been twisted or totally ignored at all, a lot of the report is just fabrication on the examiners part, I cannot believe she has missed lots of relevant stuff off it. Anyway I am seeing my Dr next week, and I will be taking this report with me and will I be asking them to help me with my appeal, in the meantime any other advice concerning my appeal would be greatly appreciated.

Although this is a shock, I think the distortion will actually work in your favour. The truth is so far from what is written that doubt will be cast on all the report.

My son was given 0 points on his last IB report - it said he and his girl friend were living with me, a single mother on benefits. We had told the "doctor" that he lived at home with us - his married Mum and Dad who don't claim any benefits - and his older brother and he's never been well enough to get any kind of girl friend, let alone a live-in one! On appeal, he was awarded IB with very little argument.

Muttleythefrog

blondee55 wrote: »

Wow!!! Have just received my ATOS report and I am totally in shock:eek: I have been awarded no points at all, and to say the answers I gave to the "examiner" have been distorted is an understatement, some are total lies to say the least. Anyone reading this report would think I am a social butterfly, according to ATOS, I go out for walks everyday, when in fact I told her depending on how severe my pain was, I would very infrequently stretch my legs in the fresh air. According to her I visit the cinema regularly even though I told her that I have been twice in the last year. I could go on and on about the inaccuracies in her report, especially about my back operation (double discectomy and spinal fusion) which is not even mentioned, according to her I state that I have problems with my back, why are my medical records not used? Sorry for the rant but I am totally aghast with the report, I answered honestly and these answers have been twisted or totally ignored at all, a lot of the report is just fabrication on the examiners part, I cannot believe she has missed lots of relevant stuff off it. Anyway I am seeing my Dr next week, and I will be taking this report with me and will I be asking them to help me with my appeal, in the meantime any other advice concerning my appeal would be greatly appreciated.

Majisola is right... if it is easy to pull apart some of the report then it undermines the whole thing to any reasonable person. Regarding the details of you appealing.. I would be inclined to take attack and defense... state the descriptors that do apply to you and why (using any supporting medical evidence you can (get)).. and then directly challenge the findings in the ESA85 ATOS HC medical report one by one (stating your actual reality and what you said/did at medical) starting with the most ridiculous and easily shown incorrect. But again I recommend 3rd party legal support if you're not at ease with all this... and if you want that then definitely try to seek it ASAP as waiting lists for things like CAB appointments might be lengthy or even not available. If your doctor is helpful then use him as best you can to create medical evidence as tight to the descriptors you claim apply as possible.

In answer regarding your medical records.... assume they have no medical evidence at all except what you supply them or you know they are getting (like ATOS medical report). In your case it is highly likely you've completed the ESA50, the face to face medical was requested to fact find and the resulting report was taken as gospel as to your actual problems and applying disability descriptors (none), rubber stamped and decision sent.

blondee55

Thank you both for you replies, much appreciated. (especially MTF) I have d/l the appeal form and I am making a start on completing it, however I will not complete it until I have seen my Dr next week. I will go to our CAB in the morning and see if they can also help.

stepahno

They will send it by post.