another esa50 form

john10000

fogartyblue. wrote: »

With every review you are required to re-state your problems as they may have changed - for the better or for the worst.

You will have to re -score the points again.

When you won the Tribunal appeal it was for a limited period of time - a time in the future when you would have to be reviewed again. This can happen every 3 months if the DWP want it to be!

As I have said, your doctor/consultant do not feature in the decision making other than to bring a perspective of what your health is like. They certainly have not got the qualifications to assess you from a working point of view - that is the job of ATOS.

Are you actually suggesting that as long as your GP says to the DWP 'that your health condition is just the same' they should continue to award you ESA?

Cloud cuckoo land if you do believe that!

i understand people need to be reviewed but they are also asked to report any changes as well if they get better or worse before a review date is made,all am trying to explain is if a person gets esa scores 15 points for say not being able to pick a pound coin up and gets put in work lated for 6 months when he is reviewed again all they need to do is to look at that condition to see if it has changed if he has a problem with his hands that makes him not be able to do this then surely his doctors etc are trying to help him with that condition medication operations etc,there is no reason why he should be asked to go through the whole thing again they know all the information how it effects his life etc its pointless unless they keep the first form to see if its filled in the same as the second or he gives the same answers in the medical as the first i wonder ?

Tanzi_2

I have severe anxiety/panic attacks and have been agoraphobic for last 10 yrs .. 21st of jan this yr i was put straight in support grp esa after CAB helped with forms and letter from my Dr .
Yesterday, less than 3 months later i received yet another esa50 form , which has totally freaked me out even more than i daily freak.I had to organise CAB to visit, then a dr to visit who then had to up my meds due to the stress and anxiety, now i know i wont sleep and will panic every time i hear post until i find out if il have to go through appeals and medicals, that take forever as they have to do home visits .. so how this can be seen as helping me get back into society and work i do not understand at all . Personally i think the whole process needs a rethink.

john1000_2

Tanzi wrote: »

I have severe anxiety/panic attacks and have been agoraphobic for last 10 yrs .. 21st of jan this yr i was put straight in support grp esa after CAB helped with forms and letter from my Dr .
Yesterday, less than 3 months later i received yet another esa50 form , which has totally freaked me out even more than i daily freak.I had to organise CAB to visit, then a dr to visit who then had to up my meds due to the stress and anxiety, now i know i wont sleep and will panic every time i hear post until i find out if il have to go through appeals and medicals, that take forever as they have to do home visits .. so how this can be seen as helping me get back into society and work i do not understand at all . Personally i think the whole process needs a rethink.

thank you tanzi for taking the time with ur views its people like you that do not need the stress with filling in forms etc just an update from yr doctor on the condition that won your esa in the first place is all that is required he is the one that is treating you and knows better than a nurse or a silly computer,its like you are guilty again and have to prove your innocence its all wrong,and until the system is changed the waiting lists for appeals etc will get bigger and bigger as quick as somebody fails waits for an appeals wins appeal they get another esa50 to fill in its crazey !!!!!1

fogartyblue.

john10000 wrote: »

ok thank you thats what i am trying to state if the form was sent out to see my current situation rather than letting a individual fill it in they should approach the doctor surgeon etc as they are treating you and understand your condition putting you back in the same situation after you have won esa by tribunral or the desion maker is wrong,all my medical documentation is dated from dec to this current day due operations for condition etc, doctors surgeons need the respect they deserve,if for example i get asked for a medical and i get 0 points after getting 25% for loss of faculty of my hands for another medical itsquite i am going to appeal and wait another year for a tribunral date its just silly

The form mentioned above - ESA113 (see link) is very very rarely issued by the DWP.

The DWP place greater importance for ESA, on the assessors (ATOS) than on anything else.

Your evidence is best fitted if it (a) proves that the assessors report is a load of old cobblers by reference to the various descriptors and (b) that your own reports are more reliable in establishing that you do not have abilty to carry out one or more of the work related functions.

http://www.dwp.gov.uk/docs/esa113-interactive.pdf

john1000_2

fogartyblue. wrote: »

The form mentioned above - ESA113 (see link) is very very rarely issued by the DWP.

The DWP place greater importance for ESA, on the assessors (ATOS) than on anything else.

Your eveidence is best fitted if it (a) proves that the assessors report is a load of old cobblers by reference to the various descriptors and (b) that your own reports are more reliable in establishing that you do not have abilty to carry out one or more of the work related functions.

http://www.dwp.gov.uk/docs/esa113-interactive.pdf

thank you for that so can a individual request one of these forms and get it filled in rather than a esa50 this is a much better way and surely will be quicker

fogartyblue.

john10000 wrote: »

good morning i understand that but basically what you are saying is a person can lie to the questions then pass, surely when a person passes they are checked with there doctor etc to make sure they have a medical condition which backs there claim up,medical proof must come into it some were ?

OK, yes, basically what I am saying is that a person can lie to the questions then pass?

You only fail if you cannot show that you have no ability to carry out the work related functions.

If the assessor thinks or even believes that you are telling a load of porkies, they cannot just say 'he can do this and can do that'.

The assessor is required to justify with evidence anything and everything that he disbelieves. It's not good enough for them to say 'I think he is a liar'!

So someone with little worng with them could easilly pass the test if he/she was to give nothing away that the assessor could use against him/her!

The assessor has to prove that you are fit for work, not for you to prove that you aren't!

The assessor has to accept initially that you are telling the truth. Give them nothing to use against you - they are shafted?

fogartyblue.

john1000 wrote: »

thank you for that so can a individual request one of these forms and get it filled in rather than a esa50 this is a much better way and surely will be quicker

Nope!! It is up to Medical Services/DWP if and when they issue these forms to your GP. You cannot demand they do and they can refuse to send one.

That is why the ESA50 asks YOU to details your abilities and that YOU will then be subject to an assessment.

GP's are NOT accepted by the DWP as being best placed to make decisions or even comment on Disability Medicine. GP's are more likely to be biased towards their patient than towards giving an objective opinion for the DWP.

Put simply, GP's can be got at by their patient's.

john1000_2

fogartyblue. wrote: »

OK, yes, basically what I am saying is that a person can lie to the questions then pass?

You only fail if you cannot show that you have no ability to carry out the work related functions.

If the assessor thinks or even believes that you are telling a load of porkies, they cannot just say 'he can do this and can do that'.

The assessor is required to justify with evidence anything and everything that he disbelieves. It's not good enough for them to say 'I think he is a liar'!

So someone with little worng with them could easilly pass the test if he/she was to give nothing away that the assessor could use against him/her!

The assessor has to prove that you are fit for work, not for you to prove that you aren't!

The assessor has to accept initially that you are telling the truth. Give them nothing to use against you - they are shafted?

right i see well that sheds a totally different light on the issue