Esa Medical report arrived today

caithness_lass

Hi

Today i received my esa medical report,not good news.
To cut along story short they (atos) advise that a return to work could be considered within 3 months. I have not received the decision from dwp yet,but do not no what to do next.
Any advice welcome.
thanks.

Muttleythefrog

That prognosis is usally given where they are indeed recommending you fail the WCA. Have any descreiptors been found to apply... the report should go through the 17 WRAG 'sections' from mobilisation to behaviour with other people... in most you'll probably find 'no descriptor applies' or something like that.. but are there any with something else? After the WRAG sections it should state if any support group descriptors were found to apply or exceptional circumstances... it's unlikely that any are recorded in your case but check.

If you do find descriptors for WRAG... here they are with the associated points http://www.tameside.gov.uk/esa/wca

Here are the support group descriptors in case.
http://www.tameside.gov.uk/esa/lcwra

Assuming it is recommending you fail the WCA then at least you've got advanced warning and can make preparations. Get a good grip on the descriptors you feel should apply and see if you can get supporting evidence that they apply. If you were to get such evidence swiftly you could send it to DWP in the hope they'd consider it in making this decision... otherwise in later reconsideration should you appeal. If you do decide to appeal after receiving the decision then you could be able to continue getting assessment rate ESA while supplying sicknotes. You'd get a month to make your appeal request after receiving the decision from DWP.

caithness_lass

Hi

Thanks for your advice,have looked at report and cannot find anything for discriptors.Some of the information i told her was twisted to look better than it is,for example :my local shop is approx 300mtrs away, i was asked if i could walk to this shop i told her(atos)no it would be to far,on the report she has put that i walk up to the shop. When i went to medical i had to park at local station approx 300mtrs from office ( husband drove ) myhusband helped me to office had to stop twice because of back,husband left me at door and went to look around shops when interview was over i phone husband and he came and helped meback to car, on report it states that i walked to and from office over 300mtrs.no mention of the help my husband gave me.
I was asked about cooking i told them my husband did all the cooking on the report it states we both cook.
I told them i have constant back pain and arthritis is worse when it is cold and damp, on report it states that back and joint pain is only bad when it is cold and damp.
i could go on and on with the mistakes made ,but i will now go to the doctors and see if i can get letters reports on my health so that i am ready for the appeal.
thanks for your advice on this.

mazza111

Remember you will need to start handing in fit notes from your GP too if you've failed the WCA.

It's very sad to see what ATOS twist everything that's said to them

caithness_lass

my last sick note lasts until 26th december or do i have to now supply new sick note.
Please advise.

Cpt.Scarlet

caithness_lass wrote: »

my last sick note lasts until 26th december or do i have to now supply new sick note.
Please advise.

You will need your GP to re-certificate you as the DWP decision overrides the current FIt Note.

caithness_lass

do i appeal now or wait until letter from dwp.
I looked at the discriptors and i am sure i should have got at least 16points on the lower point allowance.
Thanks for advice.

Muttleythefrog

You can't appeal yet as there is no decision to appeal... and you can send sicknotes in from then (when you appeal)... but obviously at moment you should continue sending them as you're in assessment phase (although if your next is due to run out in December that may see you up to the deciison which you could get at any time). (Ideally you'll get a seemless transition from payments in Assessment phase to payments while appealing). However... in light of the clear errors in the medical report (which is common experience) I wonder if it might be worth quickly trying to write a letter to the DWP stating the report is woefully incorrect and stating the errors etc... (possibly in extremely simple direct language like 'THe report says I walk to the shop 300m from my home. At the medical assessment I was asked if I attended the shop 300 metres from my home. I stated that I cannot. Therefore there is a clear error in the report.' This isn't standard process but some people have been able to act swiftly to prevent the DWP from relying on the report that is likely to lead the DWP to a decision of fit for work. There is probably some pressure at the DWP on Decision Makers to cut down the nonsense of appeals that will succeed and probably to reject medical reports that any fool on a tribunal panel is going to recongise as being nothing short of scandalous.

If you ever felt up to it of course then you could complain. HCPs are feeling increasing heat it seems as people look to writing to their regulatory body about their conduct in these disability assessments.

Regarding the report it does sound like no descriptors were found to apply... do make sure there are 17 sections regarding the WRAG descriptors saying something like "no descriptors apply" or "none of the above".

And to add... if you do seek medical reports or letters.. make sure they ideally include descriptor relevant stuff... what many people do is seek support in writing from GP or the like and get something that the GP thinks is very helpful but actually says nothing relevant.. examples of irrelavant are 'my patient x is unfit for work'.. or 'I can confirm my patient has depression and is being medicated with y'.

Babyboo2

caithness_lass wrote: »

Hi

Today i received my esa medical report,not good news.
To cut along story short they (atos) advise that a return to work could be considered within 3 months. I have not received the decision from dwp yet,but do not no what to do next.
Any advice welcome.
thanks.

Hi there
I too received my medical report today from my assesment last week, Dont worry too much as they have said a return to work COULD be considered in 3 months. I have had 3 medicals with ATOS for ESA within the past 16 months, the initial one, 3 months, 6 months - basically they have to see if your condition has improved or deteriorated. This report says that I could be considered in 12 months,( perhaps there is a miracle cure for me:j) ESA is payable for 365 days, I hadnt worked for almost 2 years due to being on long term sick leave. Please be warned that ESA is taxable, as I found out to my expence yesterday, basically DWP are supposed to tell you the you must inform the tax ofice once you are getting ESA (I received nothing of the sorts & got told nothing at all) - I got a £400+ underpaid tax bill yesterday due to recieving ESA for 12 months :mad: If it isnt enough dealing with a chronic condition. I would speak to your local jobcentre plus to ask for advice or visit your local CAB, but good luck

caithness_lass

Thank you all for your invaluble advice, i will re-read it all tomorrow give myself time to digest it all.

i spoke to mybrother-inlaw today about medical report and he told me " i should have lied though my teeth at the atos medical" these people are not intrested in your health, they just want to get as many people of esa and into work as they can. rant over.

thanks again folk.

krisskross

caithness_lass wrote: »

Thank you all for your invaluble advice, i will re-read it all tomorrow give myself time to digest it all.

i spoke to mybrother-inlaw today about medical report and he told me " i should have lied though my teeth at the atos medical" these people are not intrested in your health, they just want to get as many people of esa and into work as they can. rant over.

thanks again folk.

I bet a lot of people do.

There used to be a crib sheet on here of advice about how to present yourself at a WCA to weight the process in the applicant's favour as far as possible