ESA refusal Blah!!

mazza111

Thnx Muttley. You're right of course, as usual. Think it's my stubborness that doesn't want to let it go. I will though, as you said, chalk it up to experience. Dunno if you can remember, but this is what I wanted to do a few months ago... live and learn eh?

Called them up to make a fresh claim today, they couldn't do it over the phone because the other one is still open.. So called the other department who said no, it's definitely closed. Called new claims, who've said it's still open. Again round and round in circles.

Had her back at her GP today who's signed her off for 26weeks. Thinks it's going to be that long before any surgery/recovery happens, if at all. And has put HMS as main reason for being signed off this time rather than depression. So hopefully the length of the sick note will help things, the reason for the sick note will all go in her favour. Just need to get them to close one claim before we can open another. Downloaded the form rather than wait for them to send it to me. And got a lot of it filled in. Hand is in agony now, but I'll do the rest tomorrow.

Now how to get one department to talk to the other

epitome

Do the claim on an ESA1 new claims should have sent you one when you called and they said 'no', it's likely that the claims taking software still thinks it's open, even though the BC is saying it's closed, nothing you can do about that except do it on an ESA1.

mazza111

Already downloaded and mainly filled in Epitome, thank you x

mazza111

*UPDATE*

Well went for the next medical for the fresh claim yesterday. Done an interview with BBC reporter first. Told them of all the errors that were made on the first one. Especially highlighting the lies that were told, things like wearing make up, looking after her cat etc.

This time was a totally different experience.

We did see a doctor rather than an HCP. She read out what she was typing in, and I corrected her a couple of times, saying pain instead of pain and dislocations. Missed out the shoulder when we were telling her what joints were affected.

When we got onto the questions about the wheelchair. Doc asked what kind of wheelchair she was getting as she didn't think a self propeller would be any good because of dd's wrist/shoulder problems. At this point, she went to speak to a colleague, came back and said she had enough info. Then went on to say DD had a severe case of HMS (without examining her). So I'm hoping I'm not reading too much into this.

I will call them on Friday or Monday to ask for a copy of the medical report. Fingers crossed eh?

rogerblack

mazza111 wrote: »

* .

When we got onto the questions about the wheelchair. Doc asked what kind of wheelchair she was getting as she didn't think a self propeller would be any good because of dd's wrist/shoulder problems. At this point, she went to speak to a colleague, came back and said she had enough info. Then went on to say DD had a severe case of HMS (without examining her). So I'm hoping I'm not reading too much into this.

I will call them on Friday or Monday to ask for a copy of the medical report. Fingers crossed eh?

While not certain, it is procedure to interrupt the interview if it becomes apparent that the claimant is likely entitled to the support group, the interview should be interrupted while the HCP consults with a superior.

However.
I note earlier you were complaining about the tribunal not taking into account developments.
They must not do this.
They cannot consider the claimants current condition.
Only that at the time of the original decision.
If your condition changes, while appealing, you need to inform ESA of this, so they can make a fresh decision.

mazza111

We did all that Roger, including telling them of every break or every dislocation she'd had since going onto ESA. However, each time we told them, we were told they couldn't add that.... Seems there is incompetence everywhere in the first claim. My main gripe with the first claim was the lies that ATOS told about her, only looking at her MH problem and not her PH problems, and I would have taken it all the way if not for the errors made by RM.

I'm hoping this is over now. The stress caused by it all was horrendous, so much so, I've been awake most of the night with a migraine. Always get them when the stress has been lifted. Guess we'll need to wait a couple of days and see what the report said, but my first instinct is that it went well. Hope I'm not reading too much into that, hoping that as the doc suggested she can't self propel, that she's seen that she hits the support group descriptors. Keeping all my fingers crossed.

And thank everyone who's been there with advice from the start of this illness. We couldn't have got this far without your advice.

rogerblack

mazza111 wrote: »

We did all that Roger, including telling them of every break or every dislocation she'd had since going onto ESA. However, each time we told them, we were told they couldn't add that....

Who told you this?
You absolutely can report fresh changes in condition during an appeal.
This should be the basis of a seperate decision, if the change is 'significant'.
Failure to make a decision may be an official error, which they can correct, in principle. But this is perhaps wise to hold off till you hear the outcome of the request for setaside.

However - this has to be by the DWP - not by the tribunals service - which can only look at the initial decision made by the DWP.

I echo the comments about requesting a setaside due to the post going missing.

mazza111

We were told this on each and every occasion we called to report. There were several calls as you can imagine, which started in the October of 2011 when she broke her leg. Which then put the HMS into overdrive, we then called them with every full dislocation she had. Which was quite a lot in all fairness, knees, ankles, wrists, shoulder, fingers, hip..... We were also advised to put a fresh claim in by the WRO.... then they retracted that and said we shouldn't have :wall: Thankfully the DWP lost it lol


So after all that rather than fight, we put in a fresh claim. Which has taken into consideration the full health problems. I know she's lost out on a fair bit of dosh because of this, but the stress is finally over I think. For a wee while anyway. Just had word today too that her DLA has been renewed for another year, so getting all the headache over at once thankfully.

zoominatorone

Three generations of one family on some kind of sickness benefit.
What makes us all so ill in this country with the free NHS when some countries have nothing?

mazza111

volintier wrote: »

She is one very lucky lady!

Depends on your perspective. We both would rather she could walk. This is after her first WCA in Sept 2011. It's taken until Jan 2013 (so far) to hopefully get it sorted.

From April 2011 to present, she's been on assessment rate of ESA of £56/week.

zoominatorone wrote: »

Three generations of one family on some kind of sickness benefit.
What makes us all so ill in this country with the free NHS when some countries have nothing?

Yes genetic conditions often run in families D'oh! JFTR I worked from 16 until I was medically retired 2 years ago. My dd worked up until she no longer could, from 16-20 (not long granted, but what else can she do?) My mother also worked all her adult life, until her problems started to affect her. She was older than me and close to retirement. But strangely enough both me and my mother were diagnosed with forms of arthritis, looking back it's more likely to have been milder (than my daughter's) forms of HMS that were undiagnosed.

I'd swap whatever I could and sell my soul to the devil if I thought it would make my dd better. I won't however sit back and have her taken the proverbial out of by ATOS or anyone else.

Walk a mile in her shoes before you judge, because it's a mile more than she can walk.