ESA Help

Neilg

Hi, d'ont know where to start but here goes!! Many years ago my wife had a very serious accident at work and suffered terrible head injuries. She is still not right by a long way. Depression, lethargy, tinnitus and now IBS. Last year she had to have an ESA medical and it was decided that she was to be placed in the work related activity group. We disagreed with this decision and contacted them asking for a written explanation and a copy of the medical report. This took some time to reach us and by the time it did we decided to appeal only to find out that the deadline had expired even though i had been in constant touch with them. Anyway thats water under the bridge now methinks!!
In August of this year my wife had to attend a work capability assesment. The assesment lasted 10 minutes and was a Q and A farce. Nothing about her symptoms apart from her newly diagnosed IBS were dicussed and no actual medical procedures or tests were done by the HCP,( i use the term HCP very loosely) The upshot of this is that my wife is classed as capable of work and that she is no longer entitled to ESA from 4/9/12.
I find it disgusting that someone who is obviously far from right is not in the support group and has been assesed as such after a 10 minute interview!! Any advice gratefully accepted!!

Muttleythefrog

I'm short on time... but sorry to hear of the case. Suggest appealing and you can see good information on that in recent ESA related threads in this section of the forum. Focus on the descriptors (they're the only thing that counts)... try to get supporting medical evidence... and of course... don't mess about if at risk of missing deadline. Make sure you get hold of all the evidence they've used... including the ESA85 ATOS medical report which sounds like it could be very vulnerable to fundamental challenge.

princessdon

Lethargy tinnitus and ibs are not pleasant but not a barrier to work or thousands would be on ESA.

Barneysmom

It might be difficult, I suffer from all those - depression, lethargy, tinnitus and IBS, plus migraines that lay me out for days and have an underactive thyroid which means I am always tired and get forgetful.
But I do a full time job too and drive up to 40,000 miles a year, and look after a hubby with a terrible cancer problem.

McKneff

Good for you BM, I admire your work ethic.

Barneysmom

Thank you

OP it is ofcourse her right to appeal, but maybe with some support she could begin to live a more normal and active life?
I've found the best way to deal with depression, lethargy and IBS is to get out walking on grass for half an hour every night, even on the coldest of days.

Neilg

Muttleythefrog wrote: »

I'm short on time... but sorry to hear of the case. Suggest appealing and you can see good information on that in recent ESA related threads in this section of the forum. Focus on the descriptors (they're the only thing that counts)... try to get supporting medical evidence... and of course... don't mess about if at risk of missing deadline. Make sure you get hold of all the evidence they've used... including the ESA85 ATOS medical report which sounds like it could be very vulnerable to fundamental challenge.

Thanks for the advice. should have appealed the first time but did not know the system. I work 60 hours a week and drive all over the country and the time just flew. Then it was too late!!! Gonna book some time off to get this sorted. Thanks again!

Neilg

Barneysmom wrote: »

Thank you

OP it is ofcourse her right to appeal, but maybe with some support she could begin to live a more normal and active life?
I've found the best way to deal with depression, lethargy and IBS is to get out walking on grass for half an hour every night, even on the coldest of days.

Thanks for the advice. She takes the dogs out twice a day but will not go anywhere new or unfamiliar on her own. She used to lead a very active life before the accident, we have 5 children and she worked full time and was always full of energy and enthusiasm. She has had a lot of support and encouragement but the penny isn't dropping. Brain injuries are life changing.
Thanks for the advice

benefitbaby

It is worth noting that although there is a right of appeal within one month of the decision, the absolute time limit is 13 months. A late appeal can be accepted if there were good reasons for the delay (the longer the delay, the better the reasons need to be) and if DWP do not accept the reasons then the tribunal service will decide.

Neilg

Barneysmom wrote: »

It might be difficult, I suffer from all those - depression, lethargy, tinnitus and IBS, plus migraines that lay me out for days and have an underactive thyroid which means I am always tired and get forgetful.
But I do a full time job too and drive up to 40,000 miles a year, and look after a hubby with a terrible cancer problem.

Yes it is difficult, everbody is different. we have 5 children and my wife worked full time on a piece rate basis which meant she had to work very hard to earn a decent wage. she did this until the accident but after the accident she totally changed. Brain injuries change people!

princessdon

It depends on the brain injury (you can't say they are all life changing). My sister was in a coma for 16 months, has been left with issues like epilepsy, meniers diease, deafness in 1 ear etc. Yet works full time with 3 children under the age of 5 in a very highly paid and stressful job.

I am not saying ^^^ to compare, she could easily have been where your wife is now - but to make you realise that what you write down on paper can be viewed and compared. A brain injury (she had a fractured skull for eg) isn't the barrier, you need to look at why shy can't work (where as my sister can).

You will need to "hone" your reasons with the descriptors to have any success.