Esa Medical report arrived today

coccyxsick

Sorry if I am not posting this in the correct area, only just joined. If it is wrong could some helpful person copy it to someone who may be able to answer me? My ATOS report came today which states that I am in the WRG. The "HCP" who assessed me stated that she saw no evidence of lower limb dysfunction. I have a severe problem with my coccyx/pelvic area which prevents me from sitting down. I stood for the entire time during the interview. I am having MSR scans for my pelvis, a brain scan, and gynaecological examinations. My coccyx injury has been present for 25 years since the birth of my last chidl. I have not worked for nearly 40 years due to ill health, miscariages, mental health, etc. The assessor (a midwife who was registered as a midwife in 2004) totally disregarded my coccyx problem. She suggested she should not do a medical due to my mental state. I feel I should be put in the Support group. How can a midwife, although under her name on the report it states Disablement Assessor (as if that is a medical qualification, not just a job title) over rule several consultants' opinion. I asked for the breakdown of the DWP's points allocation, and of course they have not sent me it. I am aware that I can appeal, but they stop part of the benefits don't they?After 365 days I will receive nothing at all as I was on contribution based benefit. I object to being told that basically I do not have the problem that I so evidently do have. Please, any comments?
Thank you!!

Muttleythefrog

coccyxsick wrote: »

Sorry if I am not posting this in the correct area, only just joined. If it is wrong could some helpful person copy it to someone who may be able to answer me? My ATOS report came today which states that I am in the WRG. The "HCP" who assessed me stated that she saw no evidence of lower limb dysfunction. I have a severe problem with my coccyx/pelvic area which prevents me from sitting down. I stood for the entire time during the interview. I am having MSR scans for my pelvis, a brain scan, and gynaecological examinations. My coccyx injury has been present for 25 years since the birth of my last chidl. I have not worked for nearly 40 years due to ill health, miscariages, mental health, etc. The assessor (a midwife who was registered as a midwife in 2004) totally disregarded my coccyx problem. She suggested she should not do a medical due to my mental state. I feel I should be put in the Support group. How can a midwife, although under her name on the report it states Disablement Assessor (as if that is a medical qualification, not just a job title) over rule several consultants' opinion. I asked for the breakdown of the DWP's points allocation, and of course they have not sent me it. I am aware that I can appeal, but they stop part of the benefits don't they?After 365 days I will receive nothing at all as I was on contribution based benefit. I object to being told that basically I do not have the problem that I so evidently do have. Please, any comments?
Thank you!!

Firstly... it is important to note that the report is not the decision as such. The DWP have to make a decision on entitlement... I assume the DWP have taken decision and awarded WRAG... in most cases the decision corresponds with the advice from ATOS in their (medical) report.

Your criticisms of the medical (report) are sadly very common... incomplete.. inaccurate. The argument used regarding the HCPs and their qualifications is that these are disability assessments to look at disablements not medicals looking at diagnosing and treating. I'm not entirely convinced... but sadly we're stuck with it. The bottom line is the cost and availability of relevant specialists given the volume of medicals wouldn't be feasible... so low quality frequent medicals is what we get.

If you appeal then you'll continue to get your payments as you've passed the WCA (assuming DWP have decided WRAG). Obviously appealing would carry small risk of being found fit for work. If you've got specialist reports that relate to the support group descriptor(s) you feel apply then you may well have a strong case.

Regarding the DWP... yes.. requesting anything from them regarding ESA is hit and miss... sometimes they won't even know what you're talking about. I recall asking what I should do with supporting evidence and they said they'd never heard of supporting evidence before. What you could do is assume their decision is effectively what was found i nthe medical report... and the medical report should indicate all descriptors found to apply (although for the WRAG descriptors the associated points may not be stated - the descriptors are widely available to check).

I think appealing is something to consider if you meet support group descriptor(s)... and if you have specialist evidence that you meet such then it may be well worth it. There is another option (with the 12 month contrib based WRAG payments in mind) and that is that reassessment is typically regular on ESA... the prognosis in the medical report should state a number of months before you could be considered ready for work... that will likely determine when you will next be reassessed. It may be that you could be reassessed before the 12 months are up and there therefore would be the option of making strong case for support group at that reassessment if you decided not to appeal this decision. I'm assuming you'd not be eligible for income related ESA payments.. the issue of payments goes away if you would be.. as payments of IR ESA are indefinite providing you keep passing the WCA of course.

skintmacflint

coccyxsick wrote: »

The "HCP" who assessed me stated that she saw no evidence of lower limb dysfunction. I have a severe problem with my coccyx/pelvic area which prevents me from sitting down. I stood for the entire time during the interview. Please, any comments?
Thank you!!

Be careful on the not being able to sit down descriptor if appealing for support group as believe it's a mix of being capable of either sitting or standing or a mix of both for an hour.At least that was what was said on the CH4 undercover despatches programme on ATOS assessors training. Obviously your speciallist may be able to advise you further on that one.

Your mental health condition mentioned in your post may provide a solution, if you can get back up from your support team etc.

People have appealed successfully from WRAG to Support group though, so it's definitely worth considering if you feel you meet the support criteria.

skintmacflint

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.

Can't see it helping myself unless the diabetes is causing you problems as Muttley says which link to a descriptor.

Thousands of diabetics work. But it can cause peripheral neuropathy particualrly in type 2 diabetic who#ve been undiagnosed for a long time. It affects the nerves in your legs causing weakness, nerve pain/ltingling/loss of feeling. If that is maybe partially the cause or adding to some of your mobility problems then it might be worth a mention.

outtawork

hi muttleythefrog, well had my ESA tribunal yesterday & although I got 6 points (scored nil at the medical) I still lost. Do I get a letter from the DWP first & then put apply for ESA again as my circumstances have changed since the original claim, or do I ring the DWP & ask to re apply again.I can't do anything today as the office hours are mon -fri, I will need to fill in another ESA50, can they send it to me?

Muttleythefrog

outtawork wrote: »

hi muttleythefrog, well had my ESA tribunal yesterday & although I got 6 points (scored nil at the medical) I still lost. Do I get a letter from the DWP first & then put apply for ESA again as my circumstances have changed since the original claim, or do I ring the DWP & ask to re apply again.I can't do anything today as the office hours are mon -fri, I will need to fill in another ESA50, can they send it to me?

It might take a while for the DWP to process the result and send you a letter. So if you're due to send a new sicknote then I would. I'd advise making new application as soon as that decision comes... you can get payments provided 6 months have passed since the DWP decision although that waiting period can be overcome if health notably different. I understand you'll have to have a 3 month assessment phase during which sicknotes will be required to qualify... it'll be further down the line you'll be assessed via the WCA and therefore be sent an ESA50.

I'm sure someone will correct what I've said if anything is wrong. Here's how to apply for ESA.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_172014

TOBRUK

This from a very confused claimant - the more I try and read the more confused I get!

I filled in the ESA50 form last month (I was on IB/IS) and about 2 weeks ago received a decision from ESA - I have been placed in WRAG group without being seen. I phoned the DWP to ask what it would mean for me in my situation and after the woman asked me a few questions she said I should appeal! She didn't have the reason for their decision on her system but said she would email them to ask for the 'medical report' to be sent to me.

She also said that I had been placed on the wrong ESA - I should have been placed on 'income based' as I was not receiving any income rather than benefit and had been placed on 'contribution based' - she has sent me a form to send in.

There are a few mistakes and I suppose assumptions in the report, as the '50metre' - stating I have no prolem walking this distance and could do this repeatedly after a short time! I have great difficulty walking (even around the ungalow) and if I were to walk 50 metres I would have to stop a few times and would get slower and slower as the pain increased. I would result in having to lie down for hours. Also the 'cognative impairment section is wrong as with M.E. my short term memory is dreadful - I have written notes everywhere!

The report is contradictory, on the top of the report it states:

'ADVICE - 'I advise the person meets the criteria for having limited capacity for work. PROGNOSIS - I advise that a return to work is unlikely for at least 2 years'.

Then the final sentence in the report -

'The available evidence suggests improvement is unlikely in the longer term.'

If it states that a return is unlikely for 2 years, does it mean that they will assess in 2 years and leave me on WRAG for 2 years and I will receive payment throughout that term?

I have been trying to write a letter for 6 days and still not ready to post to ask for reconsideration, but is it worth doing? Should I correct them on this report? It states

The available evidence does not suggest that the client has severely restricted musculo-skeletal function, such that they would unable to mobilise more than 50 metres.

Musculo-skeletal pain is one of the main symptoms living with this illness and trying to function day to day is extremely difficult! Do I correct them? It also states

The available evidence does not suggest the client has cognitive impairment, such that they could not cope with any change to the extent that day to day life cannot be managed.

If I receive a letter there are often times that I can read it over and over and still can't take it in, I may have to leave it until the following day.

Is there any point to write and ask for reconsideration or perhaps better to leave it and be grateful that I will be receiving ESA WRAG and then wait for the next assessment. Also if they place me on the 'income related' I will still get ESA benefit after a year?

Sorry for the long post! I would be grateful for any advice

Muttleythefrog

TOBRUK. They can re-assess you at any time but it is quite likely they will use the 2 year prognosis (which will be longer than average.. maximum is usually 3 years and most claimaints probably fall from 6 to 18 months). If you're entitled to IR ESA then obviously payments would continue indefinitely. If you were getting contrib based ESA and couldn't be transferred to IR then after 12 months the payments would stop as contrib based ESA is time limited for payments to 12 months in WRAG (no time limit in support gp).

My advice is focus on the support group descriptors..the report like many (or even worse usually if a full face to face medical report) will be riddled with inaccuracy and error (to be blunt) but only convincing the DWP or later an appeal tribunal panel that you meet a support group descriptor will bring success. So focus your efforts accordingly.. i.e. don't get too distracted by discrediting the dodgy report. I would advise appealing rather than asking for reconsideration if you do decide it is worth challenging the decision... as DWP will automatically reconsider anyway upon receiving a valid appeal request. Appeal can be made on GL24 form or otherwise in letter form. Supporting medical evidence could be very useful.. the closer it relates to giving opinion that a particular (or several) support group descriptor applies the better. Be aware the mobilisation descriptors are regarded as pretty tough... an imaginary wheelchair can be manifested even if you don't use one for applying the test of whether the descriptors are applicable to you as example.

To add. The contradictory nature of prognosis. The prognosis is about as scientific and serious as a a story about Peter Pan. It's very basic and effectively nothing more than a choice from drop down menu of limited options I understand.

outtawork

hi muttleythefrog. my last sicknote runs out 10 November, my doctor has been giving me 6-8 week sicknotes. thank you for your advice

Muttleythefrog

topaziem wrote: »

I have yet to find an answer to a long standing question. How does one and where should one go for evidence, prove that a descriptor fits their particular situation.

Other than to take a copy of the descriptors and ask your GP to carry out an assessment, I cannot think how you can prove or disprove a great deal.

The same goes for other disability benefits.

'Can't sit for 30 mins without having to get up' claimant says that's true, who do you get to coroborate that statement?

Very hit and miss really.. some people seem to have helpful specialists or GP. But if such a person was prepared to commit to giving opinion that descriptor x applies because... y... then it won't prove anything but it'd be decent evidence you'd think... and possibly more powerful than the ATOS advice where the HCP will have less experience of patient. Whether tests would be applicable I suppose depends very much on the descriptor.