ESA Stopped - Not enough points

Nicki67

Today I have received a letter stating that my ESA has now been stopped due to it's point system. In September 2008 I was strangled in my home, and 6 months later I had an incident at work where I injured my neck further and consequently lost my job. After an MRI it was discovered that I had received two herniated discs in my neck and am awaiting Disk Replacement Surgery.

Several points in the ESA descriptors were not taken into account. On top of this, since my assessment, my own doctor has also picked up that my PTSD was not being treated and has prescribed me Sertraline 50mg daily, and also referred me for counselling. I have attended one counselling session so far, with another in a few weeks. My counsellor has also referred me to the Mental Health team for Cognitive Behaviour Therapy and Eye Movement Desensitization Reprocessing Therapy.

As far as my surgery for Disk Replacement Surgery, I was scheduled to have this two years ago. My operation was cancelled after my preop, due to a confusion over a blood test and not attending to have it done when I hadn't been in receipt of the letter. The letter from the hospital stated that it was being copied to my GP for rereferral. However, despite waiting for more information, it was only when I repeatedly asked to check on the current situation regarding my operation was I informed that they didn't have notice that it had been previously cancelled and so hence hadn't been rereferred. This has since been taken care of. I have been to the Hospital to have another MRI scan which still shows the injury and I am currently awaiting a new surgery date.

Besides attending my medical appointments, which I can never attend unaccompanied, I barely leave the house and am a prisoner in my own home. In addition to the constant pain I am in in my neck, arm and lower back, I also have severe panic attacks, bouts of hives on my skin if I have to leave the house, sometimes so bad I literally scratch my skin off. Since my attack in 2008 I have been unable to go to public places or use public transport because of rooting fears of coming face to face with my attacker again. I have tried to get past this on my own with no improvement and it was only on a change of my GP that the doctor actually picked up the fact of my PTSD and asked "Why has noone been treating you for this?"

I have been extremely distraught today and resulted in asking someone to come and be with me as I was experiencing suicidal thoughts. I know this can be a side effect from the drugs I am currently taking for my injuries and mental health issues, but it really scared me. I want nothing more than to be able to put this whole episode behind me and get my life back. I remember the date of my attack like an anniversary, in fact, it was four years ago yesterday so this news hasn't come at the best of times when things are already so hard to cope and deal with. I understand the need of the Government to cut back on benefits and appreciate a LOT of people are abusing the system. I had a good paying job, working for the Government until this happened to me, at which time I was treated like dirt after my injury from my employers. After the news last week of being referred for these therapies, I really started to see the light at the end of the tunnel and hoped this was going to be the start of me being able to get back to normal, but now this news, i feel like i've taken one step forward and been kicked three back.

I live at home with two children and now have no source of income. I've looked on google and it appears I am not the only case this has affected and the appeals process looks awful with many still getting refused after several months to make the decision. What am I to do? I am already severly depressed with the incidents that have happened to me. Which by the way, the person that strangled me, only received a police caution..... so I get my life ruined for 4 years and end up potentially homeless and he gets a slap on the wrist???

rogerblack

First things to do.
Phone them, and ask for a copy of the medical report, and a 'written statement of reasons' - this is a personalised report that explains how the decision is made.
It will not be generated unless you ask for it.

This will let you understand how to proceed.
http://www.dwp.gov.uk/docs/m-06-11.pdf

In addition.
See above.
These are the descriptors which you must meet.

To a degree, some of what you mention above is quite irrelevant.

Why your disabilities arose is not important - nor is the diagnosis (other than as confirmation of the symptoms).

The important thing is your condition, as it impacts on your ability to perform the tasks outlined on the descriptors.

See above list - find if you think you can total 15 points in any of the descriptors (you can score once per descriptor only) - and if not - if there would be a substantial risk to health if not granted ESA (suicidal thoughts).

Put this down in a letter, stating you wish to appeal, and post tracked to the address on the letter you got about your benefit.

Say you will add in more detail, when you recieve the statement of reasons, and the medical report.

This will resume payment of ESA, at the assessment rate.

Poppie68

I cant offer any advice on benefits, but with regards to your Hives, have you tried Alphaderm? I too suffer from hives/urticaria and i used to scratch myself daft, on top of everything else your going through this justs aads to your misery. I had tried all sorts before my doctor tried me on the Alphaderm, and this is a godsend to me. Maybe it's worth mentioning to your gp as it is only available on prescription. Good luck

Muttleythefrog

Agree with Roger's advice above. Do not be put off from appealling.. it will take many months quite probably but there should be a fair chance of success. Even then if you fail there should be options (perhaps reclaiming!) Focus on the descriptors... put together an appeal case in writing (or on GL24 form from DWP) and get sicknote to cover you so you should be able to get assessment rate while appealing. Try to get supporting medical evidence.. the closer to the descriptors applying and why, the better. The DWP will reconsider their decision when they get your appeal request... if they don't change their minds then they'll forward paperwork to tribunals service to arrange the appeal hearing. As per Roger above.. make your priority to get hold of the evidence they used to take decision and ask for a written S.O.R.

spendaholic66

I can't offer advice on benefits but before agreeing to an EMDR therapy, do as much research as you can online. Trust me, it's no piece of cake. Good luck with everything, I empathise with your ptsd symptoms, I suffer from complex ptsd myself.

benefitbaby

Just wanted to add that the ESA letter you have received will contain a 'personalised statement' detailing the healthcare professional's conclusion, it is on this basis the decision maker will have made their decision so focus on this when you submit your appeal.

These statements should now be appearing on all LCW decisions (every one of my ESA appeal clients in the last month have had this included in their decision letter) and is as a result of Professor Harrington's review of ESA. He said that decision letters were not clear (no kidding) and so the DWP have no implemented this as a matter of routine. As a result a request for a SOR is unlikley to produce anything more.

You should still request a copy of ALL evidence to ensure you get the ESA85 (medical report) and any other relevant info relied on by the decision maker.

Remember an appeal can only look at your health on the date of the decision (not the Atos medical assessment date) so ensure you are clear about your difficulties as they relate to the descriptors. Your GP seems quite pro-active so they may be willing to provide a letter as evidence.