Esa Medical report arrived today

caithness_lass

What really gets me, is that it was the job centre that told me with my condition i was unfit for work and to claim esa.
So i am unfit to claim jsa but dwp say im fit for work. Will appeal and take it from there.

thanks everyone for your wonderful advice.

flight747

you can ask your GP to give you a 12 months fit notes as these appeal and tribnal take a year! To save u time of kept coming back to GP for every sick notes visit!

atrixblue.-MFR-.

flight747 wrote: »

you can ask your GP to give you a 12 months fit notes as these appeal and tribnal take a year! To save u time of kept coming back to GP for every sick notes visit!

GP's can but are super reluctant to do this unless you have a terminal illness that the prognosis is likely to run over that period.

GP can give you upto 3-6months at a time based on no improvement to you current condition.

will the GP give you a report for ESA if you ask him for one, that is centered around the descriptors of ESA LCW or support group? you may have to pay an admin fee for this and sign the DPA release forms.

is there any recent medical letters from your consultant if you have one to you GP, you can request those letters (any letter that has been sent 3 months prior to your claim is best because it shows the period term of your illness. again you may have to sign the DPA release form and pay a admin fee.

do you claim DLA (disability living allowance) if so a failed WCA can trigger a review of your DLA award as ESA and DLA assessments are now linked.

i believe you failed the support group descriptor of mobilising no more than 50 meters is because you are able to raise and lower your arms as if to proppel a wheel chair or use a manual walking aid such as a walking stick. if you believe that you fit this descriptor your going to have to supply evidence that you cant self proppel or use a walking aid and that you need phyisical assistance or support.

atrixblue.-MFR-.

Babyboo2 wrote: »

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

ive not know ESA to be a self assessment benefit for tax purposes the DWP do this for you. perhaps you should ring ESA and find out why no tax was paid over you 12 month period to HMRC?

Babyboo2

atrixblue.-MFR-. wrote: »

ive not know ESA to be a self assessment benefit for tax purposes the DWP do this for you. perhaps you should ring ESA and find out why no tax was paid over you 12 month period to HMRC?

Thanks very much for the advice - I certainly will do as you suggest. It was a real shocker opening that letter. I have spoken to the tax office regarding the letter and basically said that it was MY responsibilitie to inform them, I will post the outcome once I have spoken to the relevent people. :mad:

Cpt.Scarlet

Only Contribution Based ESA is liable to tax, Income Related isn't.

The DWP do not deduct tax from benefits, they work on the basis that it is the first thing to be held against your personal allowance.

The DWP usually inform HMRC, but the botton line is that it is the individuals responsibility to inform them of changes.

Invalidation

caithness_lass wrote: »

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.

A Classic example of why Interview etc should be recorded

krisskross

atrixblue.-MFR-. wrote: »

ive not know ESA to be a self assessment benefit for tax purposes the DWP do this for you. perhaps you should ring ESA and find out why no tax was paid over you 12 month period to HMRC?

I expect she was receiving an income from another source as well. The ESA would need to be added to total income by HRMC and code number changed. Exactly the same as my SRP is added to my occupational pension and the tax deducted before my occupational pension is paid.

There is no mechanism within benefit payments for deduction of income tax.

caithness_lass

Hi

I received my esa report in september, im still waiting for the decision letter so i can appeal. Have been to doctors since i got report, I have just been diagnosed as being diabetic on top of all my other ailments.Will this help in my appeal?

thankyou for your help.

Muttleythefrog

caithness_lass wrote: »

Hi

I received my esa report in september, im still waiting for the decision letter so i can appeal. Have been to doctors since i got report, I have just been diagnosed as being diabetic on top of all my other ailments.Will this help in my appeal?

thankyou for your help.

Keep watch of your bank account just to make sure the payments continue (sometimes the decision letter fails to materialise!)

Two things to consider on your question. A tribunal can only look at your health around the time of the decision being made... as the decision hasn't been made then your diabetes could be considered. However, it's only a consideration if it leads to problems relevant to the descriptors. I have a stomach acid problem for example... the problems caused by it (limited by medication) don't raise the applicability of any descriptors... it doesn't affect my mobilisation for example.. or my ability to learn tasks or move my arms or get on with people etc etc. So the question of whether it'd help with appeal depends upon whether the effects of the illness are relevant to the descriptors. It is all about the descriptors... which ones apply.. which ones are found to apply... nothing else matters.