Help really needed--- ESA/DLA medical not passed

starbrightls

Hi all,

Just looking for some advice really for my mother.

My mother has had Rheumatoid Arthritis for approx 20 years, obviously over time the illness has got worse, and currently she has this in her back, fingers, hands, knees, ankles, shoulders and poss jaw, she know also has fibromygalia. She is currently on various medicines including a fornightly HUMIRA Injection.

My mother is quite badly disabled and cannot do much for herself, and has the help of my dad most days to do daily things, she was recently given a letter from a gp stating that she will never be able to work, due to severe disabilities and that she is very unfit to work.

Well she recently has a esa medical and rcvd a letter today saying that she did not pass the medical(madness), many parts of this i do not understand, as she is clearly unfit to work, her doctors feel so, as do her specalists at the hospital.

During the examination my mother was in quite a bit of pain, and when asked to do various things, she was not able to, in the letter the doctor has wrote that he did not see any evidence of muscle waste in legs, ankles and calfs(but he did not even examine her???)

What i am wondering, is how other people have got on with the appeal process, also they have mentioned they will stop her money from next week, she also recieves dla does this stop also, or what other type of benefit will she recieve.

any type of help is much appreciated

thanks

Muttleythefrog

So she's failed the Work Capability Assessment. It's important to note the WCA does not test whether you're unfit for work or not as such.. but rather looks to see if various statements of disability apply. Refer http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf at the end for the descriptors for WRAG (limited capability for work test) and Support group (limited capability for work related activity test).

Many people do successfully appeal this decision. She should ask for a copy of the evidence used by DWP to take decision.. that'll include the ESA85 ATOS medical report (not sure if you already have that). Then look to see if you can make a case for appeal.. based on argument that various descriptors do apply.. try to get supporting medical evidence (specific opinion in relation to the descriptors ideally). She should be able to get assessment rate ESA while appealing if she supplies 'sicknotes' which it sounds like she should easily be able to keep getting from GP.

DLA is a separate benefit.. however there have been cases reported where DWP has looked at a DLA award following a negative WCA decision and changed the DLA award. I would try not to worry about that possibility.. it's a bridge that hopefully will not need to be crossed.

If she appeals then the DWP will first reconsider their decision to see if they can change it... and if they can't.. then paperwork is forwarded to tribunals service.