12weeks on ESA....no medical appt yet?

tint2000

ive got my medical report back and by the looks of things ive failed it, there is loads i can appeal against. The dr lied on afew things espically about my medication he even photo copied the letter where it states i take 5 tablets per night every night yet on the medical assesment he put i take 1 tablet. nearly everything else he put NONE OF THE ABOVE. He did put i cant go anywhere without being accompained by somebody else. I took about 10 letters with me yet he only photo copied 2! It states a return to work within 3 months!!! im at rehab 3 days a week for the next 4months. These people need to get this sorted its effecting peoples lifes, i could also complain that iv been on ESA assesment rate for nearly a year. Appeal is on the cards when i get the offical letter through.

missmontana

I was signed off from Oct 2011, only had my medical end of June 2012, still waiting for the outcome... nearly 8 weeks now. SO don't take any notice of the time scales they give you!

Muttleythefrog

missmontana wrote: »

I was signed off from Oct 2011, only had my medical end of June 2012, still waiting for the outcome... nearly 8 weeks now. SO don't take any notice of the time scales they give you!

Would advise requesting copy of ESA85 ATOS medical report from DWP.

Muttleythefrog

tint2000 wrote: »

ive got my medical report back and by the looks of things ive failed it, there is loads i can appeal against. The dr lied on afew things espically about my medication he even photo copied the letter where it states i take 5 tablets per night every night yet on the medical assesment he put i take 1 tablet. nearly everything else he put NONE OF THE ABOVE. He did put i cant go anywhere without being accompained by somebody else. I took about 10 letters with me yet he only photo copied 2! It states a return to work within 3 months!!! im at rehab 3 days a week for the next 4months. These people need to get this sorted its effecting peoples lifes, i could also complain that iv been on ESA assesment rate for nearly a year. Appeal is on the cards when i get the offical letter through.

You need to get some clarity... identify the descriptors that are found to apply in the report. Refer this for the standard WRAG descriptors http://www.tameside.gov.uk/esa/wca
(Support Group descriptors http://www.tameside.gov.uk/esa/lcwra)
The descriptor you do list unfortunately isn't clear enough for me to identify... state it precisely here word for word if you've any confusion.

But if prognosis is 3 months then I agree it is likely the report recommends you fail the WCA. But check.

If you've evidence relevant to the WCA that wasn't copied by the HCP at medical then advise sending it to the DWP ASAP - the HCP is obliged to consider and take copies of relevant evidence... but they may have felt some wasn't relevant. I'd also consider highlighting the errors in the report as it may deter the DWP from relying on it to take decision. That decision could come in days or weeks.. perhaps even months.

But all is not lost regardless... it sounds like you'll have a better starting position than many appellants in that you were found to have more than 0 points on the WRAG descriptors... by the ATOS HCP and presumably in due course the DWP.

tint2000

ive just looked at the descriptors for support group and i fit into the awareness of hazard. As i dont cook myself my family do alot for me i dont use oven or anything like that. I lost my sense of taste & smell from accident. Also i cant walk for long without stopping and resting. depression & anxiety also play a big part. So you saying i should send all my paperwork/letters that i brought to the medical to the DWP? should i highlight all the errors on my report from atos? and send that with the paperwork

rogerblack

tint2000 wrote: »

ive just looked at the descriptors for support group and i fit into the awareness of hazard. As i dont cook myself my family do alot for me i dont use oven or anything like that. I lost my sense of taste & smell from accident. Also i cant walk for long without stopping and resting. depression & anxiety also play a big part. So you saying i should send all my paperwork/letters that i brought to the medical to the DWP? should i highlight all the errors on my report from atos? and send that with the paperwork

In short - yes.

Muttleythefrog

tint2000 wrote: »

ive just looked at the descriptors for support group and i fit into the awareness of hazard. As i dont cook myself my family do alot for me i dont use oven or anything like that. I lost my sense of taste & smell from accident. Also i cant walk for long without stopping and resting. depression & anxiety also play a big part. So you saying i should send all my paperwork/letters that i brought to the medical to the DWP? should i highlight all the errors on my report from atos? and send that with the paperwork

Yes... but I'd first establish what the medical report is recommending... it sounds like it is recommending you fail the WCA but check the descriptors that were found to apply in the report to determine for sure that it is worth challenging. Make sure that any documents you do send are relevant... relevant to the descriptors or at least consistent with your general claims of problems and illnesses.

outtawork

I am recieving ESA since sept 2011, had my Atos medical in Dec & got no points ( I have sleep apnoea & Osteoarthuritis) I am on appeal ever since.To complicate matters I have had a stroke in May. Should I be filling out another ESA50 form, although the DWP were informed as a change of circumstances.

tint2000

ok i will get this all done tomorrow with help off my key worker at rehab. It states on my report that the claiment cannot get to a place which he is unfamiliar without being with somebody. Iv got quite a few hospital letters to send and a support letter off staff at my rehab as they know my problems fully. doesnt mention on my report about that i dont cook as it would be dangerous and a risk i suffer from fatigue quite bad. anyway ill get this done tomorrow and send it off asap. What address would i send it to?

thank you

missmontana

Muttleythefrog wrote: »

Would advise requesting copy of ESA85 ATOS medical report from DWP.

They're still paying me so I'm not too worried at the moment!