0 points after 15 years

Alice_Walker

Alice_Holt wrote: »

Indeed, you did ask for clarification as to if your post was factually incorrect. I supplied that clarification. I'm sorry that you seem to have taken it as a personal affront that I corrected those inaccuracies.

The reason I wanted to make clear that your (otherwise helpful) post contained inaccuracies is that:
- the appeal proccess has a prescribed process;
- stcrict deadlines apply;
- information is readily available on the internet which (I think) posters could check before posting misleading and incorrect "facts".

I'm sure you would have felt dreadful, if anyone actually followed your advice and then found their appeal had been terminated as a consequence.

You are right Poppy - I do have "some sort of attitude" . Benefits Advice is crucial to many people. Misleading posts on this forum have the potential to do great harm.

Please accept that I'm not saying that your post was unhelpful or misleading. This is not intended as a personal criticism towards you. I wanted to follow up on your comment that "I'm sure someone will corrct me" and make sure this was clearly visible.
Can I therefore suggest you edit your post to take out the inaccuracies (if you haven't already done so). The rest is really helpful to the OP.

Best Wishes.

Are you aware of how patronising you are coming across?

James1954

Alice_Walker wrote: »

I can understand that you would not want to attempt something that would cause you pain, but the assessor cannot give an opinion without seeing you at least try. If not you could have anybody going in and saying "can't do that" - they can't simply take your word for it.

I had done it with pain I suspected she would just have put that I could do it without any problems. When I said I couldn't do it she just said 'Well you walked in here' I replied that it was very painful to walk and she was asking me to do something that caused me pain.
Edit: I think you have raised a very interesting point here. Does it mean we have to carry out these exercises, even though it causes us pain, which contravenes the advice I have read elsewhere?
As I understand it, if you can't do something reliably, repeatedly without serious pain, then for the purposes of a work assessment you can't do it full stop. Otherwise, because you can get upstairs to bed most days, slowly and painfully, you could be forced to take a job as a cinema usherette!!

James1954

Alice_Walker wrote: »

The key issue you have in getting a successful claim is the lack of medical evidence. You will need to pay for a doctor's report but this is money very well spent if it gets you the correct award. GP's charge between £15 and £50 for a report, usually towards the lower end of that scale - which you would recoup in a matter of days once your claim is successful. Also it is not taking the GP away from his NHS work, reports are done in time allocated for private work.

Maximus sent for a report from my Doctor. I told the Assessor the Doctor who had been dealing with my condition for 30 years had just retired, and my new doctor is the only one in the practice I haven't met face to face, only spoke to over the phone for prescriptions, so I wondered if they had contacted him and he said he knew nothing about it. She said the Doctor had just said I have a lower spine condition. (which is as much as he can be expected to know in the circumstances.) My recent contact has just been for prescription renewals, having had all the treatment there is.
I only saw the report from across the desk. Only one box appeared to have been filled in.
So I wonder what I could ask him to say that he hasn't said already.
Since I have been in IB/Support Group ESA for 15 years I assumed they would already have some reports they could refer to. As you can imagine I have filled in many forms and been to several assessments, so I wasn't expecting any problems with what should be my final one at 62.
Just shows you can't take anything for granted I suppose.

James1954

Does anyone know how to request copies of the documents I need?
Presumably a copy of the Maximus assessment, Doctor's report, Decision makers notes?
I put a note on my ESA50 saying that if I was not retained in the Support Group 'I would like to request copies of all the documents I am entitled to in connection with my appeal'. But since the assessor shows no signs of having read my ESA50, I doubt if my request will have got through.

Alice_Holt

James1954 wrote: »

Maximus sent for a report from my Doctor. I told the Assessor the Doctor who had been dealing with my condition for 30 years had just retired, and my new doctor is the only one in the practice I haven't met face to face, only spoke to over the phone for prescriptions, so I wondered if they had contacted him and he said he knew nothing about it. She said the Doctor had just said I have a lower spine condition. (which is as much as he can be expected to know in the circumstances.) My recent contact has just been for prescription renewals, having had all the treatment there is.
I only saw the report from across the desk. Only one box appeared to have been filled in.
So I wonder what I could ask him to say that he hasn't said already.
Since I have been in IB/Support Group ESA for 15 years I assumed they would already have some reports they could refer to. As you can imagine I have filled in many forms and been to several assessments, so I wasn't expecting any problems with what should be my final one at 62.
Just shows you can't take anything for granted I suppose.

Evidence could be from other health professionals. Possibly a physio ?

The other route could be to request your medical notes from your surgery, as this would include details of consultations with your previous GP along with details of surgery.
This would be many pages long - so you may want to highlight and include only a few relevant and important pages. It may be woth mentioning about the recent change of GP's in your MR.

If it comes to a Tribunal Hearing, you could also provide written evidence from carers, friends, and family.
Supporting medical evidence is very helpful, but not crucial at your TS hearing. It adds to your credibility as a witness. So, if you submit pages from your medical notes this would confirm what you tell the panel. There will be a doctor on the panel, so he/she should understand the severity of your condition and how it affects your ability to perform the ESa activities (reliablly, repeatedly, and safely).

It is possible your local CAB may be able to obtain your medical notes, so you would not be charged. This rather depends on your surgery though - some are willing to aid the CAB in helping their patients.

I would really suggest you do go to your local CAB (or another accredited advice agency).

James1954

Alice_Holt wrote: »

Evidence could be from other health professionals. Possibly a physio ?

The other route could be to request your medical notes from your surgery, as this would include details of consultations with your previous GP along with details of surgery.
This would be many pages long - so you may want to highlight and include only a few relevant and important pages. It may be woth mentioning about the recent change of GP's in your MR.

If it comes to a Tribunal Hearing, you could also provide written evidence from carers, friends, and family.
Supporting medical evidence is very helpful, but not crucial at your TS hearing. It adds to your credibility as a witness. So, if you submit pages from your medical notes this would confirm what you tell the panel. There will be a doctor on the panel, so he/she should understand the severity of your condition and how it affects your ability to perform the ESa activities (reliablly, repeatedly, and safely).

It is possible your local CAB may be able to obtain your medical notes, so you would not be charged. This rather depends on your surgery though - some are willing to aid the CAB in helping their patients.

I would really suggest you do go to your local CAB (or another accredited advice agency).

Unfortunately I haven't seen the physio since my last assessment either. They just suggested exercises which I do at home. When I had the final answer from 3 surgeons that my spine was not for surgery, and got all the disability aids, so all I can do is take painkillers when I have to do, and exercise at home, there was no point in regular visits .
Perhaps Maximus computer programme assumes that if I am not wasting the Doctors time every week there is nothing wrong with me 0 points.:mad:
I have heard the Appeals panel has a proper doctor so I can only hope he/she understands.
I am sure its good advice to go to CAB but the nearest one to me is over 20 miles away unfortunately.

HB58

Just to clarify a couple of points -

Yes, you are entitled to say 'no' to any activity that would cause you pain(or any other harm). You must make it clear why you have refused.

The assessor will not have access to any previous records about previous claims. Every reassessment should be approached as if it were your first claim.

If you need money while the MR is being carried out, you are entitled to claim JSA as you have been found 'fit for work'. Once the claim has been accepted you can submit a sick note lasting up to 13 weeks and you will be exempt from job seeking requirements during that time.

If you can manage financially meanwhile, continue to get sicknotes and keep them to one side. When your appeal has been accepted by the Tribunal service (supposing that it gets that far) you can be paid the ESA assessment rate from the date your claim was closed.

James1954

HB58 wrote: »

Just to clarify a couple of points -

Yes, you are entitled to say 'no' to any activity that would cause you pain(or any other harm). You must make it clear why you have refused.

The assessor will not have access to any previous records about previous claims. Every reassessment should be approached as if it were your first claim.

If you need money while the MR is being carried out, you are entitled to claim JSA as you have been found 'fit for work'. Once the claim has been accepted you can submit a sick note lasting up to 13 weeks and you will be exempt from job seeking requirements during that time.

If you can manage financially meanwhile, continue to get sicknotes and keep them to one side. When your appeal has been accepted by the Tribunal service (supposing that it gets that far) you can be paid the ESA assessment rate from the date your claim was closed.

Many Thanks for the reply. I am on contribution based benefits so don't know if that affects Jobseekers? but can manage in the short term with my emergency rainy day fund for disasters such as this. But obviously I don't want to drain that any more than I have to since its obvious no one can totally rely on benefits. In any case I couldn't even get to the Jobcentre without a Taxi, and the queues and lack of disabled facilities would make it extremely painful for me. Waiting times for a Doctors appointment are over 3 weeks (according to their website), I don't know if I would have to go through that to get a sick note. I realise I can't assume anything, but am thinking on the basis it will get to appeal since the 0 points seems too big an obstacle at MR. Will I have to apply for ESA at the assessment rate or will they pay it automatically?

James1954

poppy12345 wrote: »

You will need a copy of the assessment report, you can get this by ringing dwp and ask them to send you one

Thanks for the reply I suppose I had better try and get through to them again tomorrow. Unfortunately I didn't ask the Decision maker for documents when he rang me because I was still in shock from the zero points, and I had already written a request on my ESA50. But since no one appears to have read that I guess I better ask again.

bspm

Alice_Holt wrote: »

Under PIP points system you can score points for needing aids sand appliances.

So, for instance:
if you have to use a perching stool whilst preparing food,
if you have to sit in the shower or have rails to hold onto,
if you have a raised toilet seat or rails to help get off the toilet,
if you have a grabber to help put on socks/shoes etc.

This would get you to the 8 points necessasry for a PIP daily living award.

A PIP award would also get you a premium added to your ESa (when reinstated by the TS through the appeal process).

Whilst the CAB are helping you with the ESa appeal, they can advise you on PIP & help you complete the PIP form.
See http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

The DWP has launched a consultation aimed at slashing the number of people eligible for the daily living component of personal independence payment (PIP) by up to 35%. The cuts will be aimed at claimants who qualify for PIP because of their use of aids and appliances and may include replacing awards with discretionary voucher payments.

Very soon (January 2017 i believe) the points system will change whereby you only get 1 point for the use of an aid or appliance, this means that the majority of people who get the standard rate for care will lose it.

I have just been reassessed for PIP, I received enhanced mobility from standard due to severe spinal problems, not dissimilar to the OP yet, unbelievably my standard care stayed the same.
I have appealed, my appeal date is 18th May, really looking forward to it!