'Failed' ESA assesment

Geordie_Aaron

Hi all, Please see HERE for previous story to this.

I've just had a phone call (9:24 on a Sunday morning by the benefits office) stating my 'assesment' had failed and I was awarded 0 points and my payments would stop. I asked how when I have massive headaches all day for nearly 5 months and have memory loss... how does that make me physically fit for work 'there's no mention in the report you must not have mentioned it to the Dr'....erm excuse me, I've had a ridiculous amount of visits to my Dr about this, CT scans ETC so yes, it has been mentioned and I KNOW 200% I told the 'chap' at the interview.

This 'medical assesment' was an absolute joke, why they need 'medical' staff to complete this was beyond me - he did not do ANY examination of any sorts, just asked questions that were on the screen....surely the monkeys in the Job Centre could do the same and save the government money?...
I've been told to appeal.... is there some sort of draft/generic letter on here to use as I have headaches and concentrating too long absolutely drains the life from me and sends me reaching for the the painkillers and sleep tablets just to get rid of it....

annoyed is an understatment - the attitude of the people that work in the callcentre is disgusting, I rand last week as I hadn't been paid my ESA and they said it's because and I quote "you haven't sent a recent sick note in"....yes I have, I have the recorded delivery number - dont make false accusations.... "oh well we must of lost it then"..... oh ok - i'll just live on no food then whilst i request another sick note and send it to you because you monkeys lost it then eh.

all help is appreciated! :A

mazza111

First of all you need to send a letter saying you wish to appeal. You also need to see the WCA report. That's the first things to request. I'd then contact the Welfare Rights Officer at your local social work department and take it from there. Good luck.

Geordie_Aaron

Do I just need to tell them I'm appealing...then gather evidence for when they want it? or gather it all and hand appeal in with it?

rogerblack

Geordie_Aaron wrote: »

This 'medical assesment' was an absolute joke, why they need 'medical' staff to complete this was beyond me - he did not do ANY examination of any sorts, just asked questions that were on the screen....surely the monkeys in the Job Centre could do the same and save the government money?...

The assessment is not a medical.
It is to determine if you match limited descriptors, as found in:
https://www.dwp.gov.uk/docs/m-06-11.pdf
These determine your fitness to work.

It is - on the things in your post - possible to raise the question of if the consciousness descriptor applies.
(a) At least once a week, has an involuntary
episode of lost or altered consciousness
resulting in significantly disrupted
awareness or concentration.

It could easily be argued that memory loss is relevant to this.
Perhaps others.
Anyway.
The appeal process needs to be started in order for payments to resume.
You have to do this in writing, and you have to do little more than identify the decision you are appealing against, provide your details including NI, and why you are appealing.
It is not required to be on a form even.

But, you need to submit a doctors note.
The letter would basically be of the form 'I wish to appeal against the decision to find me fit for work on x/y/z, as I do not believe it is correct'.

It should then go into why it is not correct, possibly with reference to the descriptors.

You need to get a copy of the medical report, ideally.
Phone them monday, and get them to send you a copy.
If you can hold off writing the appeal for around a week, to give them time to send you this, it's best, but you don't get paid during that time.

Otherwise just add 'I believe the following descriptors may apply' - and add a possible list, with a note that you will be following up when you get a copy of the medical report.

Ranting in the letter about the unfairness of the process is not going to be productive.
It makes the reader less likely to concentrate on the substance of your letter, and you less likely to win a reconsideration.

antgsx

I have these massive headaches and memory loss and have been diagnosed with chronic cluster headaches 2 yrs ago. i have been in the support group of esa and get dla also, go to OUCH website it will give you all info on cluster headaches and benefits info. good luck its a constant fight with pain thrown in lol !

rogerblack

gregbythesea wrote: »

What would happen if the poster were to appeal and not list any of those reasons because they do not understand them?
just simply appeal as the decision is wrong 'because it doesn't fit in with my situation.'

A reconsideration is a waste of time and effort, much better to wait until the appeal hearing to present the evidence and argue your case.

If you appeal because the decision 'doesn't fit with my situation' - you risk the appeal being stopped, as you've provided no grounds.

The grounds can be fairly minimal - but providing none, or implying that you do not fit the ESA system, and may not qualify, but you think you should is not a good idea!

Delaying providing evidence to the reconsideration is insane.

Decisions are reconsidered, if further relevant evidence is supplied.
Perhaps not as often as they may be, but it happens.
It will also be useful evidence that you do not have to gather for the appeal, if that is required.
Appeals may in many cases exceed 6 months.

mazza111

gregbythesea wrote: »

Excuse me but I thought all of those were made redundant?

Unless that is you are fortunate for your council to have retained one or two.

Please don't assume that all councils now have this facility, most now don't - they cost the taxpayers far too much money.

Besides which why should council taxpayers pay for a WRO to help others claim more in benefits? Seems a bit one sided to me.

I'll rephrase, contact your local Social work dept and see if a WRO will take on your case.

What also costs tax payers far too much money is ATOS assessing people fit for work or scoring them 0 points when clearly they aren't fit for work.

I don't think it's about helping others claim more in benefits, but to claim what they are entitled to. If you believe you have been unfairly assessed, then that's the route I would and have gone down. They are rather busy at the moment though given the amount of work that ATOS are pushing their way at the moment

vvvvvvvvvvvvvvvv

you need

1. The ESA85
2. The ESA85 Decision makers Score sheet
3. The ESA65
4. All medical evidence used by the HCP
5. All medical evidence used by the decision maker

rogerblack

gregbythesea wrote: »

Why is it insane to not want to trust the DWP to make the right decision?

In my experience they make awful blunders.

Much better to present the evidence to a tribunal where it will be looked at properly.

Because they do reconsider on occasion, especially when more evidence is provided.

Why on earth would you not want to give them the opportunity, rather than waiting at the very least six more months?

prepareathome

I was put in wrag group but phoned and told them I wished them to look again at my claim and followed this with the request in writing. Ok my MP was involved, she called them once to make sure they did reassess my claim, it took just under a week for me to be moved, but the point I am making is they did look again at my claim and found I fitted at least one ( they did not say which) of the descriptors that should have put me in the support group.

So you need to call DWP and say you want your claim reassessed and send a letter by signed for mail. A call to your MP might be good to. If they look again and find you do fit one of the descriptors to give you the 15pts you might get put in WRAG which will at least get your money back again. As no-one knows what is wrong with you they might refuse to put you in support but you could appeal on that,but be positive they might reassess you and you are put in support group.

Good Luck.

Two4Tuesday

gregbythesea wrote: »

Maybe because I simply don't trust them to be objective enough and see that the picture is bigger than they can possibly take in.

At the end of the day the DWP are there not to be a friend, or someone to care. They are civil servants employed to follow the law in the first place and in the second, follow what Parliament dictates they must do (ie cut back on the level of awards).
Similarly Medical Services aka ATOS employ doctors who carry out in house and at home assessments. Once again they are not there to help the claimant get what they are entitled to, but to look at a situation with a biased opinion - their paymaster, the DWP clearly does not make them objective or independent.

So any evidence submitted will be examined by these two organisations whose brief is to find a reason why the benefit must not be awarded.

Obviously some reconsiderations do follow common sense but only when the evidence against them making any other decision is so compelling that they simply cannot ignore it.

It is us and them. The only thing that you can trust a hangman to do is hang you. That goes for the DWP and their contractors.

If there is however a different view and that there is evidence that the DWP and it's contractor do want to give an award without recourse to what the Government want them to do, please provide a link. Please show that they are not biased or influenced by their paymasters but are simply there as an independent authority that sees that everything works to what the law allows.

Terrible advice, simply because the medical information supplied to the DWP will also go to the tribunal in case the reconsideration does not go in the claimant's favour.

A lot of tribunal cases would not be necessary if claimants obtained and provided medical information in the first place. When ESA first started, claimants seemed to be actively discouraged from sending in this information. You advocate the same thing - I remember a troll who under his various noms de plume said much the same thing.

By advising the claimant to wait till the last minute to provide medical information, you put them through extra unnecessary stress, Andy