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ESA appeal
anyadvice
Posts: 2 Newbie
Can someone give me some advice please?
a friend of mine has been awaiting an appeal descision of ESA February last year (2012). she cannot ask her GP for a sick note as she doesnt feel comfortable asking, at her previous GP they new her circumstances and would send 1 in the post every month (she has to see the GP monthlywhen she is feeling herself). However she was forced to change her GP and they gave her 1 sick note for 1 month but when I requested a second for her they refused.
She shoudlnt be in this postion as she has had mental health problems since she was young, and now basiclaly she is being penalised for needing to change her GP.
I pursuaded her to go to her local CAB/Advice centre to help but they are both useless and closed her case refusing to reopen it. there is no one else left to help, professionally.
How long is this appeal going to take before a descion comes through, it was supposed to go to the tribunal but evidently hasnt got there yet?
What else can I/her family do?
I visited her yesterday and she has no gas, no electric, no food and the bills are piling up, she has also been taking cold baths, this is obviously not healthy and she looks physicallt drained. I tried to pursuade her to speak in a consultation (she has to go next week) but she says she cant.
What else can I do ?
It is pathetic that somoene in this country is living like this, there are plenty of people out there who do not need to get the benefits that are here but get them anyway, and someone who needs it gets nothing at all!
a friend of mine has been awaiting an appeal descision of ESA February last year (2012). she cannot ask her GP for a sick note as she doesnt feel comfortable asking, at her previous GP they new her circumstances and would send 1 in the post every month (she has to see the GP monthlywhen she is feeling herself). However she was forced to change her GP and they gave her 1 sick note for 1 month but when I requested a second for her they refused.
She shoudlnt be in this postion as she has had mental health problems since she was young, and now basiclaly she is being penalised for needing to change her GP.
I pursuaded her to go to her local CAB/Advice centre to help but they are both useless and closed her case refusing to reopen it. there is no one else left to help, professionally.
How long is this appeal going to take before a descion comes through, it was supposed to go to the tribunal but evidently hasnt got there yet?
What else can I/her family do?
I visited her yesterday and she has no gas, no electric, no food and the bills are piling up, she has also been taking cold baths, this is obviously not healthy and she looks physicallt drained. I tried to pursuade her to speak in a consultation (she has to go next week) but she says she cant.
What else can I do ?
It is pathetic that somoene in this country is living like this, there are plenty of people out there who do not need to get the benefits that are here but get them anyway, and someone who needs it gets nothing at all!
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Comments
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If things are that bad I think you need to contact Social Services.
As far as I am aware if you claim ESA you require to submit a sick line, but I might be wrong.
Hope your friend receives the help she requires.0 -
Maybe they refused the sick note because you asked for it, and she did not book an appointment with GP to ask for it herself. Which would seem to be reasonable. Does she have a consultant who could give a sicknote?
If you want to ask about ways of forcing her doctors to give sicknotes without the requirement of seeing her face to face, then I suggest you phone NHS Direct and see what they have to say on the matter.
Otherwise, she could claim JSA - look for work, and be paid JSA. if she wins appeal she can revert back to ESA. If she loses appeal, she'll have to claim JSA anyway, so might aswell start now.
If you want to know how her appeal is going...she should have received a bundle pack telling her it is going to tribunal, you should phone your local magistrates court and ask if they can give you the phone number for her HMCTS (Tribunal Service for benefit claimants), then phone them and ask how much longer it will be.0 -
her mum and her sister have tried to get some help from local organistions and social services - problem is she is refusing it and unless she accepts they cant help her. becuase she is capable of making decsions there is no laws that require her to recieve help off anyone.0
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The GP can't be forced to give her a fit note, it would help if she made an appointment to go in and speak face to face to her GP, if there is a significant history of mental health problems there should'nt be a problem, but if she has a new GP she needs to be speaking to them herself and not through a 3rd party.0
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See if the GP can do a home visit. Pop into the surgery and explain things and try and keep off the phone.
Face to face is best here although you may need to get a signed letter to say you are allowed to help with the affairs of your friend. Something very basic should do it.
Mention she is essentially housebound.0 -
See if the GP can do a home visit. Pop into the surgery and explain things and try and keep off the phone.
Face to face is best here although you may need to get a signed letter to say you are allowed to help with the affairs of your friend. Something very basic should do it.
Mention she is essentially housebound.
Home visits should be only for medical issues, this is'nt classed as such. It would maybe better if the OP went with her friend to an appointment if she really feels unable to attend alone.0 -
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Being not able to attend a surgery due to [mental] illness is a medical issue the last I looked. The GP can then issue a fit note.
That's what home visits are for, for people errr... in their home for a good reason.
You're right - agoraphobia should be sufficient reason for a home visit. Unfortunately trying to explain that to a receptionist is not always the easiest!
It does sound like this lady needs intervention from secondary services, but it should be kept in mind that they may choose to section her rather than help her at home. This is not always in the best interests of the patient, so the possibility needs to be weighed up when contacting outside agencies.0 -
The OP said she needs a fit note, no mention of any other issue...thats why i said a home visit does'nt seem appropriate. The OP has also mentioned the friend has been with her to CAB so i'm assuming going out is'nt an issue.0
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The OP said she needs a fit note, no mention of any other issue...thats why i said a home visit does'nt seem appropriate. The OP has also mentioned the friend has been with her to CAB so i'm assuming going out is'nt an issue.I visited her yesterday and she has no gas, no electric, no food and the bills are piling up, she has also been taking cold baths, this is obviously not healthy and she looks physicallt drained. I tried to pursuade her to speak in a consultation (she has to go next week) but she says she cant.
If that is not an issue I don't know what is!0
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