Failed ESA Medical and Appeal, help!

Natz001

Well the last few years have been stressful. I lost my job due to hand pain, tingling, loss of grip and strength from the wrist upwards. Gone to countless hospitals who couldn't find anything. So after the sick pay from work I was then on ESA. I passed the first Atos medical and failed the second, went to CAB who said I had a case as they could score me the points required and helped me with the tribunal, they also helped me claim low rate DLA. After the tribunal had a letter through saying that I was not entitled to ESA so the only way can do is go through upper tribunal due to error in law (of which I am waiting on).

So after going to CAB again (about loss of tribunal) they told me I would have to go onto jobseekers, of which the advisor there told me I would have to apply for 3 jobs each time I went in and write it down - which I will have to find someone to do for me as I can only just scribble my initals - and they don't know what I'm supposed to do. I'm also seeing a disability employment advisor who's said the same thing and refered me to some place else.

I really don't know what to do. I can only manage about 20min on a computer - typing like someone out of Thunderbirds - before I have to come off and rest due to the pain. My physio thinks I have chronic pain syndrome so I'm hoping I can be cured. Any advise would be much appreciated.

Muttleythefrog

So you've been on ESA.. were assessed and passed.... have recently been reassessed and failed... you appealed and have lost that appeal. I presume CAB is appealing to the upper tier on error in law for you... I wouldn't place too much hope in that... so I'd assume that will fail... although of course it could succeed... a new tribunal could be ordered etc.

If it is 6 months or more since the DWP decision you appealed against then you should be able to claim ESA with sicknotes.. a new claim. This may be a better strategy than applying for JSA if your doctor is signing you as unfit for work. Did the CAB explain to you why claiming JSA was the right strategy here?

benefitbaby

Sadly, I think you have been caught out by the change to the ESA descriptors that occured last year. Previously if there were probs with one hand you could qualify but the new descriptors now generally relate to both hands.

Muttley's suggestion is a viable one but long term you should consider what medical options are available to you and also what (if any) aids/adaptations a potential employer could make for you e.g. voice activated computer software.

Are there any charities locally that may consider giving you a grant for the relevant software?

Muttleythefrog

We do not know here if she's entitled to ESA or not. She was getting it... CAB seem to think she still should... I would advise she takes medical advice since she would need her doctor to agree she currently shouldn't work in order to qualify for ESA in a new application anyway. While on ESA she could have the freedom to seek an appropriate job that she could do and maintain given her current problems.. the problem with JSA is there isn't that flexibility and I also have in mind that this medical problem seems poorly understood.

Oh and as above... beware the descriptor changes of spring 2011.

Natz001

Well CAB said I would have no other option as the 6 months for reclaiming is from the date of appeal not the date of the atos assessment.

The problem started with one hand, but at the time was working so just worked one handedly until that messed up 6 months later and now it'd driving me round the bend. I've tried prescribed painkillers which didn't work and taking sleeping pills for bad nights.

Whilst I was on the ESA I did send the doctors notes until they told me they didn't want them anymore, my doctor recognizes there is something wrong so if he were to sign me sicknotes where would they go?

No charities that I know to that do that by me, I've been into the Independant Living Center to see what else can help, but it's all things I've got.

I'd love to know what job I can do and get stuck into, but pretty much everything requires lifting and the ability to write. So it rules out any jobs I've done in the past. The jobcentre put down 'Librarian' as jobs to search for as I like reading with notes about what's wrong. As you can imagine I'm quite apprehensive about this whole procedure.

benefitbaby

Natz001 wrote: »

Well CAB said I would have no other option as the 6 months for reclaiming is from the date of appeal not the date of the atos assessment.

It is actually from the date of the decision that you appealed, not the assessment or the tribunal date.

benefitbaby

Natz001 wrote: »

No charities that I know to that do that by me, I've been into the Independant Living Center to see what else can help, but it's all things I've got.

Have a look on the turn2us website, they have a charitable grant search engine. You might get lucky for example BT give grants for ex-employees as do the forces (and spouses of former soldiers/RAF/navy etc), there are lots of weird an wonderful charities out there who have funds available.

clemmatis

To follow up on benefitbaby's point, these people may be able to help -- not with money, though

http://www.abilitynet.org.uk/

Have a look at their fact sheets on voice recognition

Access to Work/Disability Employment used to have people who knew about this.

Microsoft's own speech recognition software, integrated in Windows, was very good -- is very good, but they've stopped working with it actively. But you could still try it.

(I can't write either.)

ETA I can't advise on ESA as I simply don't know enough about it to advise safely

also

speech/voice software isn't only useful for work, of course

Muttleythefrog

As above Natz.. it sounds like you were wrongly advised. If 6 months have passed since the decision you appealed then you could make a new claim (and receive payments)... sicknotes would be sent to the address the DWP give for doing so when you sort out that new claim (probably a Benefit Delivery Centre local to you). But I'd be tempted to speak to CAB again.... I don't like advising people to tread on the toes of people who are professionally advising then when I'm not a professional in the field... but I think they need to justify to you why a new claim is not relevant and sensible now... and if they can't provide that justification then default to amateur advice..lol.

sunnyone

Have you been to see a pain specialist?

There are many, many treatments for pain, not all of them involve drugs and most pain clinics have pyscologists available to help you to come to terms with the changes in your life.

Natz001

Thankyou all for your messages, I shall phone and book in to see my advisor at CAB tomorrow and see what they say. After my first Atos I was in the work related group (alas it only lasted about two weeks before the company got made redundant so didn't get any help).

Also the website abilitynet has proved useful, as didn't know mac have a operating system with dictation built in - got to get that! Gives me hope that can at least get back into some form of work if I can have a dictation function.

Pain specialist whats one of those and how do they work? Haven't seen one of those, I'm currently seeing a psychologist as the last doctor I saw thought the pain was psychological but she didn't - hense why I pushed for physio again (and it paid off). She really just helps me get things off my chest and helps me get my head straight on some things.

At last I'm starting to feel like I have some hope!