failed esa

thundersprite

i have cfs and failed my medical 0 points even though even cab said i should have got points, i was reviewed even with a letterfrom 2 gps but i still got 0 points, so its going to tribrunal
any tips advice
in the letter it says patients can put pressure on gps so they never took them in to account but my gp offered
really dont know what to do if i fail as i know im not fit to work

Notmyrealname

So you're not fit for any work at all? I find that hard to believe. There are not that many people in this country who cannot do some type of work.

Edit: Thankyou for the PM. Utterly ludicrous decision. The only thing you can do is appeal and take as much written evidence as possible. Looks like you'll be another to add to the 40% who get the decision overturned.

Good luck.

rogerblack

Firstly, you can appeal, and you will get paid at the assessment rate until this appeal is heard. (this will likely be at the very least several months)

Phone up on Monday, and request a copy of the medical, and also a "written statement of reasons" on the decision.
This is an explanation of how they came to the decision that they have to give to you.

Asking for this also extends the time-period by 2 weeks that you can appeal in - to 6 weeks. (at least).

If you need money urgently, you have to submit an appeal in writing, you may not be able to wait for them to supply the statement of reasons.
If this is the case, you need to submit an appeal in writing, basically stating what you disagree with about the decision.
It is better to hold off on this at least until you get the medical report, if you can, as then you can go through each point in the medical that is incorrect, and deal with it.
http://www.dwp.gov.uk/docs/m-06-11.pdf - this is a list of all the descriptors that you can gain points for.

dave030445

Notmyrealname wrote: »

So you're not fit for any work at all? I find that hard to believe. There are not that many people in this country who cannot do some type of work.

Edit: Thankyou for the PM. Utterly ludicrous decision. The only thing you can do is appeal and take as much written evidence as possible. Looks like you'll be another to add to the 40% who get the decision overturned.

Good luck.

why do you find that hard to believe you dont know the op at all.

thundersprite

thanks i have been sent all the papers back and quite a bit of what they said was wrong but sent my appeal letter off and 2 gp letters but they then reviewed before appeal and i go 0 points again even with cabs help pointing out there mistakes and they cant understand why i got zero first time either going on their descriptors and points scoring so to get the same when reviewed too was upsetting as had 2 gp letters too
so now have to wait for triburnal date
thankfully im on the low rate esa while appealing as this has been going on since dec
but as i have never been to a tribrunal i dont know what i need to prepare or whats expected

rogerblack

http://www.youtube.com/watch?v=4L8EPHDjeqU - this is an video about what happens at the tribunal by the ministry of justice.

I should wake up before posting - the above message isn't quite on target.

Sunny_Saver

Hi.

I'm trying to view the youtube video above, but it says 'This video is private.' Can anyone help please?

Thanks

thundersprite

they seem to have pulled the video clip sadly

fogartyblue.

Notmyrealname wrote: »

So you're not fit for any work at all? I find that hard to believe. There are not that many people in this country who cannot do some type of work.

.

I will second that comment.

Ignoring the % of those that have never claimed IB, at the moment approx 29% who have been on IB for years are actually that ill that they cannot work and have been given the equivalent of ESA.

Of those that fail and are successful at the appeal hearing, adds another maximum of 28% to the total.

This means that a minimum of 43% have either been found to be 'playing the system' and in reality are quite capable of working and those that have lost an appeal.

4 out of 10!!! I would imagine that if ESA had not been brought in that 43% would be quite happy to continue taking IB!!!

HB58

fogartyblue. wrote: »

I will second that comment.

Ignoring the % of those that have never claimed IB, at the moment approx 29% who have been on IB for years are actually that ill that they cannot work and have been given the equivalent of ESA.

Of those that fail and are successful at the appeal hearing, adds another maximum of 28% to the total.

This means that a minimum of 43% have either been found to be 'playing the system' and in reality are quite capable of working and those that have lost an appeal.(my emphasis - HB)

4 out of 10!!! I would imagine that if ESA had not been brought in that 43% would be quite happy to continue taking IB!!!

It means nothing of the sort. What it does mean is that the goalposts have been moved so that even people who are very ill/disabled are being found either 'fit to work' or put in the WRAG group having been deemed as possibly able to work in the future.

It was aknowledged that the UK had one of the toughest tests in the world even before the introduction of ESA! There are many people who were quite properly claiming IB as they fulfilled the criteria but will now not qualify for ESA. This does not make them frauds or scroungers.

fogartyblue.

HB58 wrote: »

It means nothing of the sort. What it does mean is that the goalposts have been moved so that even people who are very ill/disabled are being found either 'fit to work' or put in the WRAG group having been deemed as possibly able to work in the future.

It was aknowledged that the UK had one of the toughest tests in the world even before the introduction of ESA! There are many people who were quite properly claiming IB as they fulfilled the criteria but will now not qualify for ESA. This does not make them frauds or scroungers.

Course it does!
IB, Toughest test in the world - don't make me laugh!!

I don't know where you are living, but I am aware of whole streets in some estates where the figure for those claiming IB was over 90%!!

But then why is it said that per head. Britain has the highest rate of sickness/disablity than any other country in Europe?
Is it not because that the rules for IB were so relaxed and now ESA has rectified it?
It wasn't that long ago that the Jobcentre were handing out IB claim forms and people were awarded the benefit just to get them off the unemployment register.
People were awarded IB for the slightest thing, stress in looking for work included. There were that many 'bad back' claims that it started to look silly.

Or as you are suggesting that we Brits are a sickly lot?

Yes the goalposts have been moved - now to a more realistic assessment!