After ATOS assessment, have been taken off ESA

Debrac

Hi everyone, I'm hoping someone can help me please.

I have had a balance disorder called MdDS for over 4 years and have completely lost all sense of balance (i.e. I can't stand unaided, walk etc) and suffer from 10-20 dizzy spells per day which often leave me bedbound.

I have been in the ESA support group for the last couple of years and went for an ATOS assessment 4 weeks ago. I have just received a phone call to say I have scored 0 points and my ESA will cease as of today! They argued that since there is nothing wrong with my arms, I should be able to self propel a wheelchair and therefore be able to work. I argued that the simple motion needed to do so causes me to have severe dizzy spells.

I have been told I can ask for a reconsideration - has anyone any experience of this or any advice they can offer please?

pmlindyloo

Useful guide here:

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration

You now have to have a reconsideration before you appeal. During this time you will not be paid ESA but can apply for JSA (you have been found fit for work)

If you do not receive a written statement of reasons about your award of nil points then you will need to ask for it so you know if anything has been written incorrectly.

There are time limits for all of this so read any letters carefully (all covered in my link)

Have read up a little on your condition and realise that it is a difficult one to 'prove'(ie. medical evidence)

Did you have supporting evidence from your doctor?

If you were in the support group before what evidence did you have then that you didn't the last time you claimed?

I suspect that you are going to need professional help completing your appeal from a welfare advisor/CAB.

Is there a forums/society for your illness that you could get help from?

Debrac

Thanks for that advice. When I was in the support group it was because I couldn't leave the house without assistance - this is still the case (I haven't actually left the house on my own for over 4 years). The only difference now is that the criteria has changed and takes into account what they think you CAN do rather than what you can't. I will be asking for a reconsideration as soon as I receive the letter which she was posting today. Has anyone ever been successful in applying for a reconsideration or knows of someone who has been?

It seems crazy that I qualify for the highest mobility component for DLA but get zero points for the mobility section of ESA.

I was told that I couldn't claim JSA as I haven't paid NI contributions for the last 2 years and my husband works and earns over £25K - does anyone know if that is correct? I have looked online but the info isn't really clear.

It has been an absolute bolt out of the blue and I just didn't see this coming at all. What makes it worse is that the ESA benefit has been stopped from today with no warning. We are now discussing having to sell our home which is heartbreaking.

Indie_Kid

Debrac wrote: »

I was told that I couldn't claim JSA as I haven't paid NI contributions for the last 2 years and my husband works and earns over £25K - does anyone know if that is correct? I have looked online but the info isn't really clear.

I'm afraid it is, yes.

QuackQuackOops

Debrac wrote: »

Thanks for that advice. When I was in the support group it was because I couldn't leave the house without assistance - this is still the case (I haven't actually left the house on my own for over 4 years). The only difference now is that the criteria has changed and takes into account what they think you CAN do rather than what you can't. I will be asking for a reconsideration as soon as I receive the letter which she was posting today. Has anyone ever been successful in applying for a reconsideration or knows of someone who has been?

It seems crazy that I qualify for the highest mobility component for DLA but get zero points for the mobility section of ESA.

I was told that I couldn't claim JSA as I haven't paid NI contributions for the last 2 years and my husband works and earns over £25K - does anyone know if that is correct? I have looked online but the info isn't really clear.

It has been an absolute bolt out of the blue and I just didn't see this coming at all. What makes it worse is that the ESA benefit has been stopped from today with no warning. We are now discussing having to sell our home which is heartbreaking.

It wasn't a bolt out of the blue really, was it?

You get plenty of warning that an assessment is coming up for exactly this reason.......to prepare!

Debrac

Yes I knew the assessment was coming up but I never expected for one minute that I'd be found fit for work. On a good day I use a walker in the house to get around and a wheelchair outside. But on a bad day (approx 50% of the time) I am so dizzy and sick that I can't even get out of bed. Just because they say I am fit for work doesn't make it true unfortunately.

HOWMUCH

https://forums.moneysavingexpert.com/discussion/comment/62669560#Comment_62669560

You had no problem in post 555
Trying to do some exercise every day so yesterday I did a 30 minute brisk uphill walk and today I've done another 15km on my bike

Indie_Kid

The criteria for DLA high mobility is about walking. The mobility ESA criteria is about using aids. (a wheelchair, walker, etc)

Debrac

I am a member of a disabled persons exercise group which my GP referred me to. My 'bike' is a customised recumbent exercise bike with back rest, sides and seat belt so I don't fall off it. I try to keep my muscles moving whenever i feel well enough to minimise my risks of devolving a blood clot because unfortunately I do have to spend days at a time in bed.

Thank you to those that helped. Shame on those that critised my attempts to keep as healthy as possible whilst struggling with a disability as horrendous as MdDS.

HOWMUCH

Debrac wrote: »

I have had a balance disorder called MdDS for over 4 years and have completely lost all sense of balance (i.e. I can't stand unaided, walk etc) and suffer from 10-20 dizzy spells per day which often leave me bedbound.

I have been in the ESA support group for the last couple of years and went for an ATOS assessment 4 weeks ago. I have just received a phone call to say I have scored 0 points and my ESA will cease as of today! They argued that since there is nothing wrong with my arms, I should be able to self propel a wheelchair and therefore be able to work. I argued that the simple motion needed to do so causes me to have severe dizzy spells.

I have been told I can ask for a reconsideration - has anyone any experience of this or any advice they can offer please?

Further to the Losing weight 36 thread:
Post 350

Hi, yes you can update both weeks totals next Wednesday as it's a monthly challenge

Also Fredsnail I've decided to do the Everest Challenge after all. :rotfl: Feeling left out and it might just kick start my weight loss again hopefully

Height of stair is 8 inches and number of stairs is 15 so one flight is 10 foot :eek: I'm now off to calculate how many flights I have to do each day to reach the summit ...

Crikey, repeatedly climbing stairs really hurts :rotfl:

Ouch, ouch, ouch...

sueturnersmith

If you use a walker indoors and a wheelchair outdoors (like I do) how can you possibly use an exercise bike, climb stairs as an exercise, and go for brisk walks, which your posting history shows you have done many times! I wish I could do just a tiny fraction of what you seem able to do!

I can't see you getting ESA, and I don't think you will be getting PIP when it comes in, either!