Filling in the ESA50 form *update and question*

Muttleythefrog

looby75 wrote: »

Part of me wonders if it's worth appealing because everything I said about how I feel was completely ignored or twisted to make it sound I'm coping well and there is nothing wrong with me.

Appealing probably will be the best option. Make no mistake about it that what you report regarding the medical report is classical of many... I assume that is what you've received (unless you've got some statement of reasons for the decision)... it'll be the primary evidence probably used by the DWP to reach decision.. they likely effectively rubber stamped it. The more whacky it is probably the better now... if you appeal then your primary focus should be to argue for the descriptors you do feel apply to you and why... and try to get supporting medical evidence... but if you could also target the report... highlight perhaps the most ridiculous things in it as there could be merit in putting DWP and ultimately a tribunal panel under some pressure to disregard it or pay it little regard.

Appealing could be a long process but success rates are decent.

looby75

No it's not the medical report (still waiting for that) it's the summery of the reasons of why I've been awarded 0 points for each section. But even just that doesn't match the medical IMO

ankspon

I think they word the questions so you give the same answer or hope you will slip up and contradict yourself.

Muttleythefrog

They don't make things simple do they... you' think they'd include the medical report by default... nevermind given you've already requested it. Be careful of the timescale here... the medical report isn't necessary to make your appeal if time becomes issue... and you can always state in appealing that you will send more information pending review of the evidence which is unsupplied despite request. But try not to feel too angry... focus efforts on identifying descriptors relevant to you.. and therefore how you should qualify (assuming you think you do) for WRAG and/or Support group. Remember if all goes completely wrong you still will have options.

looby75

do you think it's worth me re requesting the medical report, it's well over 2 weeks since I asked for it now.

sja75

Absolutely Looby, its going to be critical to your appeal.

sja75

The 'good' news here Looby is you have some time to prepare ahead of a (possible) Tribunal.

Assuming you have your request for reconsideration refused by the lovely DWP Decision Maker, not all is lost, far from it... But do complete the GL24 within the timescale it requires.

It goes without saying that you ought to receive the correct outcome, ruling in your favour, from the DWP Decision Maker, but unfortunately it may not work out that way.

Not to worry...

We will help you through the process thereafter.

God bless

looby75

I've got an appointment with my GP tomorrow and I'm going to ask about talk to her about appealing the ESA decision.

I'm really worried about asking her for a sick note again because the last one she gave me should still be valid.

How do I explain that I need a post dated one (I think??) oh god I just don't know if I'm coming or going.

Muttleythefrog

Tell her that the previous sicknote is effectively invalidated by the WCA decision that you are fit for work... try to get sicknote dated from date your money is/was stopped in the hope you can get continuous payments backdated when appeal is made.

looby75

I've been to see my lovely GP I took the letter from DWP with me to show her and she was outraged. She's given me a back dated sick note for 8 weeks and said just to let her know if I need any more help from her.

So then I came home and phoned the work programme to tell them I've been signed off again and they said I still have to come in or they will stop my money. I explained that because I was on the assessment phase I didn't have to, but they insisted I did. I said I wouldn't be going in so they said they had no choice but to stop my ESA payments. I replied good luck with that because I'm not currently getting any.

As soon as I got off the phone I burst out crying, I'm sat here now shaking like a leaf, I feel sick and have just had to take one of my diazepam, yeah I'm sure employers would be happy to have me when just a phone call can leave me feeling like that.