ESA stopped.

fin7

Well, I got my stitches out this morning from my op two weeks ago. I got a phone call this afternoon to say that the atos person I saw has given me zero points so my ESA stops from today. I remember on the day how she sneered at me and said "and WHAT have you got to be depressed about!"

Apparently, the atos person is better qualified than the consultant, he said it would be about 6 weeks to be back on my feet properly, atos say two weeks, after all say atos its only a minor op! I should get myself a walking stick, crutches or a wheelchair, whatever I need to get to work. And as my problems are going to be on going and get worse atos said I need to get back to work!


I've got an interview at the job centre on Thursday to claim jsa, and I've got to bring proof of what I've been doing to look for work!


I managed one session at the WRAG, they are sorting out the best way to rewrite my cv, I'm not sure what's going to happen to that, I had been hoping for the chance to use their offer to help with retraining when I was back on my feet, that seems highly unlikely now.


Fin.

pmlindyloo

Are you appealing the decision?

schrodie

In addition to the advice above given what you have said about the way in which you were spoken to by this atos'ite I would seriously consider making a formal complaint to atos about its behaviour.

fin7

To be honest I won my appeal but then got dragged back through it all again, I don't know if I've got it in me to go through all those months of stress again.

I don't know where they get the idea that they are above consultants tho!


Fin

snoopy89

they should be lined up and shot, but we cant say that, so they should be sued,oh sorry they cant as they don,t make the final decision. so they are as useful as a carrot on a motorway. I think that sums it up. but boy they don’t half screw up peoples life’s when they know a lot of nothing compared to surgeons, consultants and doctors. :mad: hope you sort it m8 and i wish you good luck.

rogerblack

Addressing the strictly legal, not moral.
In some cases - yes - the DWP/ATOS do know better than your consultant.
This is for the reason that the law does not require you to be unable or able to work to claim ESA.

It requires you to pass one or more of the descriptors, or to qualify through some other route.
Being unable to work in your doctors opinion is _NOT_ such a route. (other than for the assessment period before the medical)

If, for example, you have both legs badly broken in a manner that would mean you cannot walk, but are otherwise fit - then you are not entitled to ESA, as you can use an unpowered wheelchair.

Your doctors opinion that it would take x weeks for you to heal - unless it would actively harm your health or cause significant pain or discomfort to use a wheelchair - is not relevant.

skintmacflint

fin7 wrote: »

To be honest I won my appeal but then got dragged back through it all again, I don't know if I've got it in me to go through all those months of stress again.
Fin

It must be very disheartening to win an appeal with all the worry involved only to fail another assessment.

I'm not sure from your post what your condition is , but if you're unfit to work, the only option is to submit another appeal. If things improve over the next few weeks you can always cancel it and sign onto JSA ?

Have a think about it.