Filling in the ESA50 form *update and question*

tiddlertot

looby75 wrote: »

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.

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Is it any wonder that with GP's like this that the DWP refuse to accept their reports as being totally biased in favour of the claimant.

Much the same as when the local councils relied on a GP giving a report in the claimant's favour when applying for a Blue Badge - never known a GP not to be supportive. That's why there are so many BB littering the dashboards of cars - including a Porshe I saw yesterday out of which stepped a well heeled young couple and proceeded to walk round the precinct with no apparent difficulty.

looby75

My GP has been helping me try to get better since I finally admitted I needed help with my problems and has been seeing me regularly ever since. She knows how hard I am trying to sort my mental health out, I'm attending CBT sessions even though I find them very hard to cope with and am due to start counselling soon.

My GP read the letter and agreed that it doesn't relate to me at all, she knows me far better than a nurse who spent 30 mins with me and asked me standard questions then twisted the answer to make it fit their forms. They have used the fact I go to the GP as one of the reasons I'm fit for work for crying out loud!

I don't want to be on ESA forever I just need a bit of breathing space to work on getting better, I'm desperate not to feel this way anymore. Have you any idea what it's like to live feeling as though something bad is going to happen to you all day every day. Imagine the feeling you get when you know you have something really nasty that you have to do and there is no way of getting out of it. Well thats what I feel like 24/7 but the difference is for most people once they have done the nasty thing they feel better and have that to focus on, I don't have that all I have is this black hole of never ending feeling of impending doom.

Thats why just a simple thing such as a phone call can leave me in such a state. Do you really think anyone would choose to live like that if they had a way not to?

miduck

tiddlertot wrote: »

Is it any wonder that with GP's like this that the DWP refuse to accept their reports as being totally biased in favour of the claimant.

Much the same as when the local councils relied on a GP giving a report in the claimant's favour when applying for a Blue Badge - never known a GP not to be supportive. That's why there are so many BB littering the dashboards of cars - including a Porshe I saw yesterday out of which stepped a well heeled young couple and proceeded to walk round the precinct with no apparent difficulty.

Are Porsche drivers not allowed to have Blue Badges? I'm wondering what relevance the car make has?

Muttleythefrog

tiddlertot wrote: »

Is it any wonder that with GP's like this that the DWP refuse to accept their reports as being totally biased in favour of the claimant.

Much the same as when the local councils relied on a GP giving a report in the claimant's favour when applying for a Blue Badge - never known a GP not to be supportive. That's why there are so many BB littering the dashboards of cars - including a Porshe I saw yesterday out of which stepped a well heeled young couple and proceeded to walk round the precinct with no apparent difficulty.

Andy we've heard it all before. Tomorrow you'll be a young lady married to the Prince of Monaco complaining about all the DLA claimants you can see in Monte Carlo.

Muttleythefrog

looby75 wrote: »

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.

Your GP could be invaluable in appeal. If you can get written opinion in relation to descriptors that you feel apply then that could be vital. So if she really does want to help.. there is little doubt she could if pointed in the right direction. Assume your GP has zero understanding of the technical aspects of the WCA... it is extremely easy for them to say or write things that they think are supportive to your case and are actually completely irrelevant and unhelpful... so for example saying you are unfit for work means absolutely nothing at all.. the WCA doesn't test that.

Your second issue regarding work programme... firstly it is improtant to note you're not in the assessment phase.. you've been found fit for work.. therefore whenever the DWP stop(ped) your payments you are effectively not on ESA at all. To be honest I'm not sure what is best advice in relation to Work programme/work related activity... what you want to avoid is retrospective sanction... remember if things go to plan you will be getting ESA assessment rate payments at this time albeit backdated... you will be treated as having limited capability for work because of sicknotes while appealing. Someone else may be better to advise on the WRA demands that can be placed on you at this point. My advice is try not to add any complexity for yourself when what you need is clarity and opportunity to make good case for appeal.

looby75

the problem with the WP is that it's partly down to them that I've ended up in this mess. They were totally unreasonable to me before I was signed off the sick. They took no account of my health problems (both physical and mental) would admit in one breath there were no jobs for me to apply for that I hadn't already applied for and in then next breath would threaten me with a sanction if I hadn't applied for at least 2 jobs by the end of their "guided job search session"

I'm not currently receiving any payments from anyone so I don't want to go back to them if I can avoid it, they have also just moved office and it will cost me £7 to get there! I see what you mean about the fact I'll be claiming ESA backdated so they could possibly sanction me but I suppose thats a bridge I'll have to cross when if I come to it.

They don't let you take anyone with you either and as it's a new place I haven't been too before there isn't a snowflakes chance in hell I'd be able to get there on my own without having a full on panic attack

Horseunderwater

looby75 wrote: »

the problem with the WP is that it's partly down to them that I've ended up in this mess. They were totally unreasonable to me before I was signed off the sick. They took no account of my health problems (both physical and mental) would admit in one breath there were no jobs for me to apply for that I hadn't already applied for and in then next breath would threaten me with a sanction if I hadn't applied for at least 2 jobs by the end of their "guided job search session"

I'm not currently receiving any payments from anyone so I don't want to go back to them if I can avoid it, they have also just moved office and it will cost me £7 to get there! I see what you mean about the fact I'll be claiming ESA backdated so they could possibly sanction me but I suppose thats a bridge I'll have to cross when if I come to it.

They don't let you take anyone with you either and as it's a new place I haven't been too before there isn't a snowflakes chance in hell I'd be able to get there on my own without having a full on panic attack

Oh looby I really feel for you and your problems on this. Take no notice of tiddler - just jealous and viscious.
I think that you should be able to at least take somebody with you as far as the actual reception area, they may not be able to go into the medical with you, but I do not see why they could not go as far as that. As others have mentioned get a copy of the actual descriptors printed off and give them to your lovely GP and get her to send in a letter based around those that fit you and how you are at present.

looby75

I've just had another thought, my appointment wasn't until the 19th and I will have submitted my appeal by then so fingers crossed that will mean they don't /can't sanction me because even though I've told them I won't be coming surely I haven't actually missed the appointment until the 19th. I was simply being polite by giving them as much advanced warning as possible. (wish I hadn't bothered now, its one more thing for me to stress about )

looby75

Horseunderwater wrote: »

Oh looby I really feel for you and your problems on this. Take no notice of tiddler - just jealous and viscious.
I think that you should be able to at least take somebody with you as far as the actual reception area, they may not be able to go into the medical with you, but I do not see why they could not go as far as that. As others have mentioned get a copy of the actual descriptors printed off and give them to your lovely GP and get her to send in a letter based around those that fit you and how you are at present.

Thanks Horse, when I said WP I meant work programme, not the medical. My father in law took me to the medical so I just about managed that one.

looby75

Right I got the medical report (after the second time of requesting it!)

Now I'm not sure what to write on the appeals form. There are quite a few discrepancies, the nurse has only focused on things I've said I can do and completely ignored all of the things I can't.

She said I wasn't shaking or trembling, I was shaking so badly I could hardly hold the pen she gave me to sign the form at the end of the medical.

One thing that did make me laugh (though it's not really relevant to the appeal) is that she described my build as average, if I'm average then I feel sorry for anyone she describes as obese. (I am classed as morbidly obese, I know I have lost weight recently but I'm still no where near average build)