Guess what i Failed esa medical

rich_shot2003

Just called dwp and just been told i failed my medical and given 6 points.

i suffer from Epilepsy have have fits about 3 or 4 times a week and wet myself on each fit and lose consciousness each time but only given 6 points.

what the hell is all that about? i should have been given 15 points on each one.

he asked if i wanted to appeal against the decision so i said yes dam right i do.

so my IB will end on the 25th May and will go onto the assessment rate while the appeal takes place.

i just cant understand why this has happened and have asked for a statement of reason as well and they are sending me the appeal form.


I asked him what the rate i will be on while the appeal takes place and he said it will be £114 every 2 weeks is that right as we are married with a child so though it would be more then that.

im also on DLA so how will this affect this? and also my wife claims Carers allowance?

I kind of feel like giving up now.

gingergee

No effect on DLA or CA.
Think its disgusting you failed!!!!!! Defo appeal, atos are getting worse!!! They failed my mum with 3 broken vertebrae, which caused severe nerve damage throughout her body (inc bladder!!!) and brittle bones!
Some one will advise you properly soon i bet. Just wanted to say how shocking i found it!!!!! Good luck x

Broke_n_Broken

Sorry rich, another one bites the dust.:p

You must be one of those scammers I've heard about.
How dare you fake seizures and pee yourself on purpose, just in the hope of £100 a week.:mad:
Imagine, caught out by a simple form and an ATOS-ser
Ahh, the sarcasm.

Seriously, don't give up. There's lots of advice here about appealing, if you search for it.
Sorry I can't help.:o
& for the sense of humour!

rich_shot2003

Broke_n_Broken wrote: »

Sorry rich, another one bites the dust.:p

You must be one of those scammers I've heard about.
How dare you fake seizures and pee yourself on purpose, just in the hope of £100 a week.:mad:
Imagine, caught out by a simple form and an ATOS-ser
Ahh, the sarcasm.

Seriously, don't give up. There's lots of advice here about appealing, if you search for it.
Sorry I can't help.:o
& for the sense of humour!

God i though you was for real then :rotfl:

Broke_n_Broken

rich_shot2003 wrote: »

God i though you was for real then :rotfl:

Me? Nah, I'm fake. Haven't been called God in a long time though...;)

Maybe I can help a little....

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

That's the appeal form, you can d/l it, or at least look at it

More info...

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

You don't need to wait for the SOR to appeal, just state you are appealing & will send more later.
HTH

Muttleythefrog

Good luck rich... as above... notify of appeal intent. The SOR probably will offernothing much more (if anything) than what the ATOS medical report does. Request that report ASAP (ESA85 if had face to face medical.. ESA85A if not). If you can get directly supportive (quite tight to the descriptors and why they apply) medical evidence from a HCP involved in your situation then that could be very useful. Good luck!

rich_shot2003

Just got the letter telling me i have failed and got the report and oh my god how wrong it is.

First of all she has put in there that my wife is my girlfriend and all my meds are wrong and also we put in the form that we got that i have fits 3 or 4 times a week but she has given me the 6 points for having a fit at least once a month but no more than once a week well wait a min we put in form i have them at least 3 or 4 times a week and we told her that at medical.

she has put on that about the fits that the evidence would therefore suggest significant functional restriction is likely but what does that mean?

she is also put in there that wetting myself is consistent with a seizure but given me no points for that.

just where do they get there staff?

Can i send a letter to them to appeal now without the Sick note from GP as cant get in to see her till next week and then when i get one to send it to DWP or will they want it together?

also how will this affect housing benefit and CTB? also im on DLA so do i need to tell them?

rogerblack

Firstly - you need to separate the bits which are - largely - irrelevant, from the important bits.

The important point is the frequency of the fits, and the fact you are incontinent during them.

The unimportant bit is the wife/girlfriend mixup, and any other incidental errors. Make sure these are at best a footnote - and the letter stresses the important ones!!!

The support group criteria 'At least once a week experiences loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder' - may apply - if it's a significant emptying of the bladder, not a minor leak.

If you need to change clothing once a month due to this, then you get 15 points from that for the work-related group.

In addition.
Even not challenging the 6 points from 'once a month' - if it's unchallenged that you need to change clothing once a month due to incontinence - you should have got another 6 points for that. Especially as the HCP raised that it's consistent with your condition.

This would raise the possibility that you could pick up 6 points elsewhere - 'awareness of everyday hazards' ?

http://www.dwp.gov.uk/docs/m-06-11.pdf - are the full list of descriptors.

rich_shot2003

Just a though could i claim income support as my wife gets carers allowance for me?

FOREVER21

Have you thought of getting in touch with your local CAB either by phone or visit. I worked with them years go and they are great with helping people with appeals, they will also tell you about knock on effect on other benefits.

rich_shot2003

FOREVER21 wrote: »

Have you thought of getting in touch with your local CAB either by phone or visit. I worked with them years go and they are great with helping people with appeals, they will also tell you about knock on effect on other benefits.

Yep am going to do that tomorrow.