Failed Medical ESA50

Terrysdelight

Marktheshark wrote: »

He is going to have to produce some firm and serious evidence his "condition" prevents him doing any work.
The game is up and that benefit is soon only going to be for the very top few of severely disabled people.

It isn't a game. I can understand his fear and have been in his company when he had a serious incident. This is a person who worked hard as a soldier and then a good 15 years after leaving the army - this person isn't work shy.


I did ask a question in all seriousness, are there companies that will employ people who will quite frequently be off sick. The down side of getting a job then losing it again is all the rigmarole of trying to get rent paid, being pushed from pillar to post with jobseekers, back to esa and back to jobseekers. Having this awful condition requires a special diet and going weeks on end without money whilst your claim is being reassessed is stressful. Stress is a known trigger for his condition.


Originally he lost his job through having too much time off unwell. After a while JSA told him he should be on ESA and now he is back to square one again.


I will look at his form when it comes back and help him with a mandatory appeal and evidence etc.


Thanks for everyone's input.

pebbles88

Torry_Quine wrote: »

If that fails and he then is sent for appeal he will be able to get ESA at assessement rate again with fit-notes from his GP.

Unfortunately this isn't the case anymore, from April/May this year.
Each case is looked at individually once someone requests a appeal if their MR decision isn't changed.

nannytone_2

pebbles88 wrote: »

Unfortunately this isn't the case anymore, from April/May this year.
Each case is looked at individually once someone requests a appeal if their MR decision isn't changed.

Torry is correct.
whilst the mandatory reconsideration is taking place, no ESA is payable, and HSA has to be claimed instead.
once the result of the MR is through and the claimant wishes to go to appeal ...
ESA assessment rate is reinstated on production of a fit note from the GP

rogerblack

Marktheshark wrote: »

He is going to have to produce some firm and serious evidence his "condition" prevents him doing any work.
The game is up and that benefit is soon only going to be for the very top few of severely disabled people.

This is - as I have pointed out - entirely incorrect.
Neither being fit for work, or being unfit for work is directly related to being entitled to ESA.

Someone (for example) has a sports injury and is unable to place either arm in an upper shirt pocket, but can do everything else without limitation is entitled to the support group.

Someone who can slowly wheel themselves 200m several times a day, understands only short sentances, can talk to people only a couple of hours a day, is blind but can read braille, can just about understand how to use a washing machine, who shouts out randomly - is entirely fit for work.

Denene

If your friend is a former member of the Armed Forces, the Royal British Legion's Benefits and Money Advice Service may be of assistance.

pebbles88

nannytone wrote: »

Torry is correct.
whilst the mandatory reconsideration is taking place, no ESA is payable, and HSA has to be claimed instead.
once the result of the MR is through and the claimant wishes to go to appeal ...
ESA assessment rate is reinstated on production of a fit note from the GP

I can only comment on what we are dealing with on daily basis.

hurtinkerry

i would like some advice i too went to a esa face to face assesment and even thou i went in very unsteady, and in pain she had seen me on a as i say a good it was a 9am appointment and my back gets worse thru the day i have cauda equina and have been told that were i am still unable to feel in my calf and top and bottom of foot that it will be perminant my bowels are met by medication and i use a bladder vibrator to use toilet otherwise i get continuos infections ,i have had a l4/l5 discectomy and decompression just 12 months ago my neuro surgeon has told me that it can take up to 4 years for nerves to work again, some days are worse than others and my medication of gabapentin 1200mgs daily and amatriliptipine ,bendranol and codiene makes me so tired and cant focus, i use a crutch when needed and rails fitted in bathroom to get in and out , i didnt use my crutch that day as i was not that bad i had my foot brace on and because a friend came with me who drove and we parked outside i knew i would have the walls to help if unsteady ,iv been told since that i should of taken crutch , and played on it i lossed my job as a carer because of this injury 6 out of 7 days i stay at home were i know am safe , i havent heard back yet but i am scared now reading some messages on here, as my assessor didn't look at any letters or ask me many questions she seemed to look at comp and just type and even answer some questions without asking ,oh god am so nervous my assessment was 3 weeks ago but iv only just sent another 3 month sick note of doc ,what happens now ?? i could not put hands on knees or squat, she said she cud feel the weakness in my leg, i cud not lift leg when getting examined ? any feed back would be so helpful.ty for reading

Terrysdelight

UPDATE;


My friend has now had his report back and he can't believe what is written! I won't repeat the words my friend said!


The whole report is somewhat of a joke which does not reflect what was said in the meeting. I will help him appeal.


One of the things which is really laughable is the report says - something along the lines of not having any difficulties with hearing. Friend does have great difficulty and this was stated in the meeting, many questions had to be repeated - guess why? Friend is Deaf and was medically discharged from the Army because of it. This was also told to the Doctor, yet he scored 0 Zero points for this.


I think this whole ESA medical is just a ruddy sham.