Failed ESA Medical and Appeal, help!

sleepless_saver

Natz001 wrote: »

Thankyou all for your messages, I shall phone and book in to see my advisor at CAB tomorrow and see what they say.

You could print off and show your CAB adviser this 2010 DWP guidance which includes when you can reapply for ESA - mainly para 50 to 53. It's complicated, but I think it means that you have to wait for 6 months from the date of the original decision.

Muttleythefrog

The example of 'Amy' at bottom of page 16 in the above link highlights the matter in question here well. It is more than 6 months since the DWP fail her regarding WCA but less than a month since the tribunal (which she loses).. she is entitled to be treated as having LCW.

This contrasts with the other example o nthe same page.. 'Ewan' whom attempts to make a new claim just short of the 6 months since the DWP decision.

outtawork

hi muttley thefrog. I have my appeal in Oct and wondered if you have any more advice, I have all the papers they sent me, as well as my notes from the Atos medical.

clemmatis

Natz001 wrote: »

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.

Glad it helped. I didn't know there was a built-in free SR/VR program for Macs. The third-party commercial one Ability.Net sell is probably very good (I used the Windows version of that). But I don't want to get into recommending companies etc., I do recommend trying the free software first.

A fair number of people do use this type of software at work and Access to Work has helped fund it, it certainly is possible; but of course it's easier for people who already have a job. or work freelance.

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!

A lot of people feel pretty hopeless when they first get this kind of thing (I'm being vague because I can't diagnose, obviously). Being told it's "psychological" doesn't help at all, of course. It often is stress-related, but physical stressors can be involved, and the condition can be physical, too. Often, doctors handle it rather badly. And often, physio helps. And people do recover.

Can you get a referral to a pain clinic?

Muttleythefrog

outtawork wrote: »

hi muttley thefrog. I have my appeal in Oct and wondered if you have any more advice, I have all the papers they sent me, as well as my notes from the Atos medical.

Make sure you attend. Tell it how it is to the panel. Be well prepared by reading all the evidence and the DWP decision. Understand how you should qualify for ESA by studying the descriptors... and be prepared to make a good case for them applying. Any supporting medical evidence you can get that the descriptors applied (and why) at around the time of the DWP decision then send that to the tribunals service. Remember the tribunal is attempting to redetermine the DWP decision at the time it was made...so any subsequent health problems aren't relevant (they should be separately reported to DWP as change of circumstances).

outtawork

hi muttleythefrog, I will be attending the appeal with a friend who helps to look after me, will they be able to speak on my behalf if nessessary she usually understands what I am trying to say, but other people might not.

Muttleythefrog

outtawork wrote: »

hi muttleythefrog, I will be attending the appeal with a friend who helps to look after me, will they be able to speak on my behalf if nessessary she usually understands what I am trying to say, but other people might not.

They'll prefer to hear from you... but they may ask her some questions and let her add information. Watch this video... it's by the Ministry of Justice about ESA appeal tribunals.

http://www.youtube.com/watch?v=tbWXG6Ho4i8

Oh to add... I just realised one of the conditions you have. Someone has just won ESA appeal and they have sleep apnoea... they'll be posting the decision details of the tribunal.. the descriptors the tribunal decided applied might be interesting for you to know.
https://forums.moneysavingexpert.com/discussion/4156829

skintmacflint

Natz001 wrote: »

Pain specialist whats one of those and how do they work? Haven't seen one of those,

Pain Specialist clinics are exactly what they say on the tin. Ask your GP for a referral. Once there they can get you access to numerous different pain relief treatments, including medication, specialised physio, counselling , visual aids/distraction , aromatherapy massage , acupuncture, and others a bit more complicated/technical which your GP can't easily access for you directly.

Years ago I used to see a lady specialist, she was a bit eccentric but great. She worked under the motto of 'if putting a cabbage leaf on your head helps then we'll try it !! She got me referred for regular pain killing injections into the spine which were done at the Day Surgery Unit. Worked a treat , needed 1 or 2 days off work every 4 months to get them done but kept me working full time till I retired. .