Failed ESA medical

Kaylee87

Hi there I had my atos medical back in July and today I received a letter telling me that I am actually capable of work and theyve already stopped my money... I suffer from depression and anxiety and my doctor has recently referred me for councilling about it all but this this letter ontop of everything has just made me feel a lot worse about everything. Ive managed to ring them earlier this morning to ask to appeal as apparently I received 0 points? I get panic attacks and get really anxious in crowded places and places with people I don't know. I don't see how I can work if this happens? I'd love to go back to work and not have all these bad feelings around me but I just need help for now and I don't see them trying to give me that help. I asked if they can carry on paying me as I'm going to appeal but they said no. So I duno what I can do? I have bills going out next Thursday. Thanks for any help in advance

tommix

I believe you get the ESA assessment rate if you appeal.:)

Muttleythefrog

It sounds like you might have received poor advice.

You should be able to get assessment rate ESA while appealing. But this must be an appeal.. in writing (letter or use GL24 form from DWP).. rather than a reconsideration (DWP will automatically reconsider their decision to see if they can change it before sending the paperwork off to tribunals service for appeal to be arranged). If you can get assessment rate ESA while appealing you'll need to supply continual sicknotes as qualification.

I'm not sure what was arranged on the phone... hopefully they have not accepted a reconsideration request as you haven't really had a chance to sit down and get a strategy together. First you need to get hold of the evidence they've used so call them... get hold of the ATOS medical report if you haven't already (I always recommend people ask for it from DWP within days of the medical).. it's an ESA85 medical report... and ask for a copy of any other evidence they've used... and ask for a Statement of reasons although they may already consider they've supplied that. Look at the descriptors (they're all that matters... forget issues of can work/can't work) for ESA.. for the WRAG and Support Group... try to get supportive medical evidence of what you feels applies to you. Take 3rd party advice if necessary to make case for appeal.. CAB or welfare rights etc. But be aware the timescale... limited time to appeal.

It's worth saying that many people score 0 points on the WRAG descriptors and go on to successfully appeal. You'll probably find the medical report troubling in its inaccuracy or dismissal of your problems but be aware that tribunal panels are probably not naive to how inaccurate they can be... and in this situation probably the more nonsense in there the better.

General advice. Make sure you get hold of all reports and letters that are constructed by HCPs involved in your situation.. GP.. counsellor etc... they sometimes can be useful as evidence for claims like these.

sniggings

Once you put in the appeal form you will carry on getting the basic rate of around £72 a week, you only have one month to do this, so get it in now, also might be an idea to get CAB or someone used to these forms to help you.

You can also ring for a crisis loan if you need money now, the number is

08000327952

Don't expect them to care you are ill, if you do not follow the process 100% they will stop your money, even one missed appointment is enough.

Good Luck

Debt_Tired

The DWP recently changed the assessment of people with mental health problems. Now it is not enough to feel suicidal, depressed, anxious and/or suffer from panic attacks. You have to prove that if employed you will be disruptive in the work place and/or difficult to work with. This is designed to reduce the numbers of us loonies on ESA. Thing is, it's not up to the DWP or Job Centre or hard-working-tax-payers or The Daily Mail if you get a job - it's up to the employer. He or she alone will dictate if you get a job. And if he or she doesn't like the look of you, or the way you smell or where you live (postcode), then you have no chance of getting a job.

I'm awaiting my ESA appeal. I too have to secure a monthly sick note from my GP. My tablets don't work, though I am taking them (unlike before when I hoarded them - taking 143 of them one Saturday evening a few years ago).

I had my last ATOS assessment in February. Today I received a letter stating: "Your recent appeal will not now be sent to the Tribunals Services because we have been notified that the Decision Maker has reviewed your case and will issue a further decision."

What does that mean? Was my appeal successful or not? Yes I can wait, but I'm already stressed out. I did phone the DWP (waited 10 minutes to be connected to an operator), but they didn't know anything.

The whole system sucks. No wonder people have started to kill themselves (some poor chap even setting himself on fire a few months ago...).

When I do eventually go back onto JSA I am going to be hard working in my job search, but I am also going to be honest. I want any potential employer to know who I am and how I feel on a daily basis. It pays to be honest...!!!

sniggings

Debt tired, I'm not sure what that means but I do know if you appeal they will ask the decision makers to relook at the case before passing it on to the appeal people so it may be that?

I am just moving onto JSA and like you I will be honest in the interview, in many way I see JSA less stressful than ESA.

rogerblack

Debt_Tired wrote: »

The DWP recently changed the assessment of people with mental health problems. Now it is not enough to feel suicidal, depressed, anxious and/or suffer from panic attacks. You have to prove that if employed you will be disruptive in the work place and/or difficult to work with.

There are separate descriptors that may apply.

The 'disruptive at work' descriptor is not the only one.
'coping with change', 'getting about', 'social engagement', 'reduced awareness of hazards'.

This is in addition to the 'it would be a risk to the health of any person if you were found to be fit' non-functional descriptor.

Muttleythefrog

~Chameleon~ wrote: »

Hi, do you have an updated list of descriptors for mental health claims please? I know there used to be one floating about but no doubt it has changed now and I can't remember where to find it

WRAG http://www.tameside.gov.uk/esa/wca
S. Gp. http://www.tameside.gov.uk/esa/lcwra

They're in the WCA handbook too
http://www.dwp.gov.uk/docs/wca-handbook.pdf

Muttleythefrog

Debt_Tired wrote: »

What does that mean? Was my appeal successful or not? Yes I can wait, but I'm already stressed out. I did phone the DWP (waited 10 minutes to be connected to an operator), but they didn't know anything.

DWP letters seem to often be extremely poor and/or wrong. Reading between the lines (since actually reading the words is pointless) a reconsideration was done and was successful.. I would assume this for now. The DWP will automatically reconsider when you appealed. I'd probably give it a couple of weeks to see if they send another letter.. if not call them.

jintylyn

hi every one i have failed my esa medical which lead to me losing my dla .i ended up contacting my local mp who was brilliant i got both my esa and dla reinstated with in four weeks .i am sick of the lies that are told when you go for these medical assessments both myself and husband have worked since leaving school 40 years ago but now are both in ill health . you really need to get your doctors and anyone else you can on your side and as hard as it is dont let them grind you down

Kaylee87

Hi thank you for all your advice! Do you think it's best if I send off the appeal and let them to the reconsideration from that or if I ring them when I get the letter through that explains the questions I got 'wrong' from them?