Life after ESA

churchrat

hi
I've posted this on another board, but wonder if anyone on here has been thro this. Thanks for reading.

I know a number of people on here have had, and failed esa medicals at atos. I am wondering what happens with benefits AFTER you have been told you can no longer claim esa and have been told to find a job.

My dd will have a esa medical appeal soon and I am sure that she will not be able to stay on the benefit because she looks and acts so well. (she is not well, but I have no doubt the muppets at atos will not understand this).

Any way__ what happens?

Do you go about getting a job in the "normal" way? Do you just say at interview "yes, I have been sick for my entire life/last two years/since adulthood etc and no I am not healthy now?"

What do you put in application forms and cv's?
Do you go to interviews in environments that could be unhealthy (for you, not the general public)

Are you censored by the job centre for not attending interviews because you are not well when you have been told by atos that you are fine?

What happens when the Dr still gives you a sick certificate?
Are there problems with insurance?

What are peoples experiences of finding work when they are still ill?

Are you censored because you are unable to use public transport but cannot drive to the nearest place of work. (My dd cannot drive and has an auto immune disorder, the consultant said being in any crowded place is a very bad idea.)

I have looked about the net and cannot find answers, so if anybody knows, or just wants to share, I will be grateful.

many thanks
churchrat

troyster_2

I am an a similar position. In June, when I have had a year of contribution based ESA, I will not be eligible for any benefits, as my husband works full-time. I am not well enough to apply for jobs. So where does that leave me? I can't contribute anything to the household finances for the foreseeable future.

MrsManda

To the OP - if your daughter fails her medical and her doctor still thinks she's too unwell to work then she should appeal the decision. She'll continue to get the assessment rate of ESA while the appeal is being considered.

She needs to go to the medical willing to explain exactly what her problems are rather than putting on a brave face. It's difficult when you're used to trying to pretend you're fine but the ATOS person can only report what they see and hear from her so if she acts well then he'll presume that she is.

I'm not sure what you mean about insurance?

MrsManda

troyster wrote: »

So where does that leave me? I can't contribute anything to the household finances for the foreseeable future.

It leaves you with your husband's income. As a couple you are expected to support each other so if you can not work due to ill health, your husband is expected to support you financially as well as emotionally.

Depending on his salary/the household income and savings you may be able to claim low income benefits as a couple. If you put your household details into a benefits calculator it'll give you a rough idea of what you may be able to claim as a household.

http://www.turn2us.org.uk/benefits_search.aspx

troyster_2

Mrs Manda
Yes we still have my husband's income, but unfortunately it is not solely enough to continue living in the house we have lived in for the last 18 years. But it is enough to rule us out of any other benefits, except a small increase in child tax credit. We have used all our savings since I became unwell.
It's just a shame that people who've worked all their adult lives are only supported for a year in illness.

MrsManda

troyster wrote: »

It's just a shame that people who've worked all their adult lives are only supported for a year in illness.

This I think is why the House of Lords have been trying to amend the Welfare Bill, unfortunately I think it's still going to be passed with the ESA CB time limit.

churchrat

MrsManda wrote: »

To the OP - if your daughter fails her medical and her doctor still thinks she's too unwell to work then she should appeal the decision. She'll continue to get the assessment rate of ESA while the appeal is being considered.

She needs to go to the medical willing to explain exactly what her problems are rather than putting on a brave face. It's difficult when you're used to trying to pretend you're fine but the ATOS person can only report what they see and hear from her so if she acts well then he'll presume that she is.

I'm not sure what you mean about insurance?

hi

my dd is going to appeal and has sent back all the paperwork. she failed her first because her asthma was not bad enough to prevent her working. we were all surprised by this, because she does not have asthma. She does however, have quite a complex illness history and was asked if her auto immune disorder was like asthma, to which she said "no". in no way did she put on a brave face and told the "health professional" just what her life is like.

By insurance I was wondering what would happen if you took a job whilst unwell and became ill at work, perhaps having an accident?Would an employer take on a person who was signed off as too sick to work by the gp? or are we all supposed to ignore the gp?

In fact CAN you take a job whilst being told you are too ill to work?

I think that the atos firm is not doing its job properly--that is why I think she may be told to go back to work. In my opinion ( i am a qualified nurse, about as qualified as the person who assessed her) she is not fit for work. That is also the opinion of the gp and consultant she sees, but not of the nurse who assessed her as not being ill because of asthma. Which she doesn't have.

So, my questions are not so much about the esa process, but what happens after you have "failed" the medical. Do you just keep going round and around in a circle? You failt the medical, appeal, fail that, but by then its taken over 6 months so you just start all over again because you are still to ill for work??

many thanks

rotoguys

churchrat wrote: »

hi
I've posted this on another board, but wonder if anyone on here has been thro this. Thanks for reading.

I know a number of people on here have had, and failed esa medicals at atos. I am wondering what happens with benefits AFTER you have been told you can no longer claim esa and have been told to find a job.

My dd will have a esa medical appeal soon and I am sure that she will not be able to stay on the benefit because she looks and acts so well. (she is not well, but I have no doubt the muppets at atos will not understand this).

Any way__ what happens?

Do you go about getting a job in the "normal" way? Do you just say at interview "yes, I have been sick for my entire life/last two years/since adulthood etc and no I am not healthy now?"

What do you put in application forms and cv's?
Do you go to interviews in environments that could be unhealthy (for you, not the general public)

Are you censored by the job centre for not attending interviews because you are not well when you have been told by atos that you are fine?

What happens when the Dr still gives you a sick certificate?
Are there problems with insurance?

What are peoples experiences of finding work when they are still ill?

Are you censored because you are unable to use public transport but cannot drive to the nearest place of work. (My dd cannot drive and has an auto immune disorder, the consultant said being in any crowded place is a very bad idea.)

I have looked about the net and cannot find answers, so if anybody knows, or just wants to share, I will be grateful.

many thanks
churchrat

If you fail the assessment and do not achieve 15 or more points, then you are expected to claim JSA. However, you may find that due to your illness you may not be able to consider working for 16 hours + a week, may not be able to use the telephone, or simply that you are in bed 3 out of 5 days every week due to pain, in which case they are entitled to refuse your JSA claim.

If this happens then you are up a creek without a paddle!!

Unless your illness has deteriorated or you have been diagnosed with a different illness, you cannot reclaim ESA until 6 months have elapsed from when you were told you failed the last assessment.

So technically, if you didn't want the agravation of appealing the ESA decision to fail you, you simply get no money - end of for 6 months!!

And welcome to the real world of the 'genuine' sick and disabled!

GlasweJen

If your doctor is willing to write that your daughter can't use public transport, has been disqualified from driving and it's not reasonable for her to walk to work the JCP will part fund a taxi to and from work. Your daughter would just pay the amount a bus would cost.

eskimo26

A few points that really should be stickied in this forum:
1. Appeal the decision and you will stay on the basic ESA appeal rate until seen by an independant tribunal.

2. Complain to the DWP and ATOS if you feel the report is inaccurate, forward this to your local mp.

3. You MUST report the examiner to her Governing Body for fabricating or providing an inaccurate report.

Furthermore at the tribunal refer to the ESA descriptors not the ATOS medical, a lot of people lose their appeal simply because they concentrate on disproving the medical but don't pass the ESA tests. Use medical evidence from doctors, specialists clinics etc. to match the esa descriptors primarily and disprove the atos report [secondary]. Physical being at the tribunal instead of a decision being reached in her absence will extremely increase her chances.

The fact that asthma is in the report when she doesn't have it should ring alarm bells when you put in your complaint to atos.
As incompetent as they are if they do find the report was inaccurate they will advise the DWP its not fit for purpose and she will be sent for another medical.

My dd will have a esa medical appeal soon and I am sure that she will not be able to stay on the benefit because she looks and acts so well. (she is not well, but I have no doubt the muppets at atos will not understand this).

Appeals are done by an independent tribunal not atos so you'd have to spell out exactly what this is/how it came about if you want us to know what exactly your refering too.

Theirs no reason why she should fail her tribunal if done right.
Good Luck