I've had arthritis in my lower back for about 10 years,I was diagnosed with cervical spondylosis and copd 5 years ago.I suffer from labyrinthitis(several bad bouts of vertigo and dizziness over the past 5 years)About a year ago I started having problems with walking due to bad hips and knees,as a consequence I was medically retired from my job in July this year.I was advised to apply for contributions based esa which I did,I have just received a phone call after my assessment stating I do not fit the criteria and therefore not eligible for benefits.I was advised to apply for job seekers allowance,,,,(possible employers please note my "minor"medical problems and kindly dismiss them.)So anyone out there wanting to employ a 57 year old clapped out ex postman give me a call.(Please form an orderly queue.........)😁
Lovely phone call.....Not.: I've had... - Arthritis Action
Lovely phone call.....Not.
Appeal !!
Challenging an Employment and Support Allowance decision - Appeal against the decision:-
Definitely appeal, also get yourself on twitter. You arent alone!
...greetings Dave...based upon my experience may i make the following suggestions:- always get support completing dwp forms clearly stating you need assistance completing forms from another...communicate with statutory bodies in writing rather than via telephone to ensure you have a paper trail...always overwealm them with as much supportive documentation as possible. Ensure copies of any communication from physicians/specialists sent to your GP, are sent to you for your records so you are aware of what is being kept on your medical records. Be in control of your condition, symptoms and all interventions available to you both pharmaceutical and traditional holistic medicine/daily living aids that you cannot get on prescription; but will need to purchase yourself; and will need financial support in doing so...you will succeed if you remain proactive...benefitsandwork.co.uk is a very useful site (could not paste link for some reason)...PEACE LOVE BLESSINGS fellow Pilgrim...
Here's another link to a useful site....for both ESA & PIP.....
It's worth appealing, took me over a year but worth it in the end....you also get back pay......
The site charge a small amount as an annual fee but I felt it was well worth it as I got access to good detailed information to help write my appeal....which had lots of specific information.....
I felt that my resolve was sorely tested and it should have been granted from the start.....even when they call each time they seem to be trying to put you off taking it further.....I stuck to my guns and dwp granted it just before my tribunal date!
I think it's an appalling system which discriminates against the most needy...and the only way to gain what you are entitled to is to be resilient.....
Good luck.....
Hi I am going through a similar situation at the moment. I have OA in my neck but more severe in my lower spine and now have it in my right foot and just had a lump removed from my left foot and the letter from the consultant has advised that I now have it in my left foot!!! Spreading very quickly.
I have just undergone a DWP health assessment to see what esa group I am going to be put in i.e. job related or support group? If I get put in the job related I will be deemed fit to work and will need to evidence that I am looking for work. Like yourself I am getting esa on my n.I. contributions basis but if I go into the job related group I will only get it until next April 2018 then NOTHING!!!!!
The health assessment is supposed to be impartial but I didn't feel they were. They seemed to be trying to trip me up at every question.
In 1988 I was diagnosed as spina bifida as I was born without a coccyx and was having trouble at the time with my lower back and all the NHS wanted to do was treat the pain.
After going to see a spinal specialist privately I had 4 operations on my lower spine as the L4/5 discs were crumbling away and leaked spinal fluid. After I was left not pain free but at a level I could live and work with.
I have flare ups 2/3 times a month and I go very stooped and then it takes 4/5 days for me to straighten up. During this time I hit the tramadol like sweeties but I am left very spaced out and not in control.#
Like yourself I was finished from work on medical grounds in April this year.
I was in the assessment and nearly finished (after 45 mins) when me and my big mouth mentioned that 29 years ago I was seeing an orthopaedic surgeon who told me I was spina bifida because I was born without a coccyx. The interview abruptly ended and she told me that she could not carry on and I would have to wait to see the doctor!!! So I had to go back out into the waiting area and wait another hour to see the doctor and start the process all over again.!!!!
The last question I was asked was how far could I walk on a good day? I haven't a clue about distances so off the top of my head I said half a mile. She got up, went out and came back in and said we were done!!!! I felt I had said the wrong thing!!
When I got home I was telling my partner what had gone on and he said to me do you know how far half a mile is? I said I didn't have a clue as it doesn't seem that far in a car!!! I said I was trying to base my walk on a good day from my house to the post box and when I do this walk I always take the dog so am stopping every few seconds for her to sniff!!!! He then went out with his phone and came back and told me the walk to the post box was 204 metres!!! clearly not half a mile.
So even though I don't know the result of this assessment yet I am already preparing for "mandatory reconsideration"!!!! i.e. appealing.
Why are they not assessing my on my bad days when I can barely walk 10 metres??
10 to 14 days out of a month I am stooped and my chin on my knees. My partner goes to work and leaves me a flask and a sandwich in the bottom half of the fridge as I cannot reach the top half nor fill a kettle. He dresses me from the waist down and throws the duvet back over me!!!
I will let you all know when I get my result. Maybe a miracle will happen and I will be put in the support group but from the way the assessment was abruptly ended I doubt it!!!
So my advice is appeal against the decision. The Citizens Advice will form your form in with you for free!!!!
I've decided not to appeal against this decision as I did do everything they asked me to,granted with difficulty and some pain,but I did do it.Although when the letter arrived explaining why I was refused there was no mention of this.I don't want to be on benefits as I've always worked so I am actually looking forward to finding out the sort of job they say I can do.As long as I don't stand up,sit down,walk,lift heavy objects or carry things for more than 15 minutes I'll be ok.😁 Watch this space.
Separately to the ESA, have you applied for PIP (paid to people in work as well as those who aren't and it's not means-tested)?
See the much-recommended Benefits and Work site for this. You might find this helpful if you need restricted hours for employment and need a top-up to make your living expenses as in lots of areas it seems that people hit various benefit caps at quite low levels and might have problems if they need help with a mortgage or rent (iirc, the cap doesn't apply to people in work or those who qualify for disability-related allowances but does to people without work - however Benefits and Work will be helpful on that point).