ESA declared Fit for work. Died 4 weeks later.

davidmartin_3

Thank you for your replies.
I can't really say much more until I have a copy of all the information that DWP hold on my father and a copy of his doctors notes.

All I can comment on was that it was difficult to judge my fathers pain threshold. Not only was he the kind of person to make out everything was OK, when it wasn't, his Diabetes had damaged all his nerve endings making it difficult to judge pain.

In hospital, when he was asked to rate the pain he was in with his heart attack out of 10 (1 being lowest, 10 highest) he rated it at a 3. Needless to say, the nurses could see from all the computers he was plugged into said otherwise.

I understand that ESA is just a case of ticking boxes to see if you are fit for work or not, however the assessor who came to assess him (who is supposed to be a fully trained medical professional) failed to notice that he had a huge cold and cough, along with a chest infection that was turning into Pneumonia.

If ESA allowed him to fill out a new questionaire, to update them of how all his illnesses were, then maybe he would have passed the assessment.
They will not yet answer me why they refused to send out a new questionaire as the information that ESA had was 15 months out of date

rogerblack

Several issues.
Firstly, it is not a medical.
It's an assessment of disability,
The assessor is not there to determine someone's health - other than as it impacts on their disability, though failing to notice or report a condition they have been trained to recognise that is serious enough to recommend immediate medical attention is another question, and maybe cause for a separate complaint.

Have you got a full copy of hisesa file?
I know you can as a claimant request this under the data protection act.
I am unsure as to the position after death.

Then there is the thorny issue.
If someone minmises their symptoms, should the assessor assume they are lying?

If nerve endings are damaged, then there may be not enough pain for the condition of the body.
This would not entitle you to ESA, if the pain or discomfort is not severe.

There may be further arguments that walking puts his health at risk, but this is possibly harder to argue if he walks to the shops for 45 min, even slowly.

Addressing the long wait.
I think what may have happened is that at the time of his injury, he will have claimed incapacity benefit.
He was then migrated over to ESA, after filling in his esa50.
It was decided he did not need an in person medical, or there was an extreme delay on arranging this.

In principle, they can decide that it is more appropriate to see someone, not to send them a form.
This would be very unusual.
Was he paid the assessment rate during this period?

More will be hard to work out without a full copy of the file,

krisskross

davidmartin wrote: »

In hospital, when he was asked to rate the pain he was in with his heart attack out of 10 (1 being lowest, 10 highest) he rated it at a 3. Needless to say, the nurses could see from all the computers he was plugged into said otherwise.

Silent heart attacks are quite common in people with diabetes so your father may not have been underestimating his pain.

Damaged nerve ends can occur within the heart as well as in fingers etc.

sparkycat2

rogerblack wrote: »

Several issues.
Firstly, it is not a medical.
It's an assessment of disability,
The assessor is not there to determine someone's health - other than as it impacts on their disability, though failing to notice or report a condition they have been trained to recognise that is serious enough to recommend immediate medical attention is another question, and maybe cause for a separate complaint.

I think the BMA view it as a doctor patient interraction. So the doctor is bound by the ethics code and if they breach the ethics code subject to sanction including being struck off.

If finding someone capable of work related activity would pose a substainal risk to physical or mental health then they are special criteria Support Group ESA. The ESA assessment descriptors and points system are irrelevent.

Finding such a person wrongly ESA WRAG or work capable refused ESA. Despite medical evidence to the contrary is a erronous ESA decision and for the medical proffessional involved incompetence or a breach of ethics code.

If the medical expert who carried out the assessment was not competent due to it being outside their expertise and they were aware the person's condition as stated in medical evidence was outside their expertise but still did the assessment regardless of not being competent to give a expert opinion. I doubt their proffesional body would look kindly on it.

pmlindyloo

As well as informing your MP etc I would also like to suggest that you contact CAB as they are collecting examples of where people have been refused ESA and being found fit for work.

Some people are not aware of the 'other arm' of CAB through their Social Policy work. They have done a lot of very good work representing the public and 'flagging up' issues to government departments.

zaksmum

Sorry about your dad, OP.

When you're ready though, you should make a complaint.

Sick people are being treated disgracefully.

24skins

Sorry for your loss x

Just a small point, since you are considering putting things in writing it's worth pointing out that your father's foot problems are likely to have been due to Charcot Foot (neuropathic arthropathy).

nashly

Are ATOS fit for purpose as they seem to lie so much.

rogerblack

Speaking personally, ATOS have been the most competent body i have dealt with in connect ion with my ESA and DLA claims.

The DWP, tribunals service have neither of them dealt competently or speedily with my case.

(Still trying to work out if I can find the energy to push for a judicial review)

davidmartin_3

Thanks again to all who have commented.

I have requested a copy of my fathers medical history, and I am in the process of writing to ESA to request a copy of all the information they have on my father.

I will be visiting my CAB to let them know has happened if they are collecting this sort of information.

I will be launching a complaint when I have all the information ready.

I went to my fathers doctors today to request his medical history, and his doctor told me that on Monday, ESA requested a copy of his medical history as well! Looks like they may be getting ready to try and cover their backs.