Any ideas, how to sort the DWP out?? I was diagnosed with Emphysema and Bronchiectasis last summer and still getting my head round it all.

I was on ESA, got taken off it and told I'm fit for work. Now I have had my JSA stopped and living on nothing. Any ideas?????

[peege]

I'm so sorry I can't help.

The BLF have benefits experts you can speak to on Monday: 03000 030 555

All the best

[Hidden]

Thats a disgrace .. I would phone dwp and ask them what medical infirmation there desion is based

Also if you have had famous atos medical you can write and ask for there report copy

If there are issues with information being incorrect thay hold get intouch with informantion commisioners re data protection act breaches but make sure you tell dwp and those you had medical with

Or write to your mp or councillor

[initial]

Firstly, apply for a hardship payment - it won't be as much as the JSA benefit, but at least it will be something. Ascertain why your JSA has stopped - if you were sanctioned, they have to tell you the reason. Ask for a reconsideration, if you were indeed sanctioned.

If your health is poorly, and you are too ill to work, then go back to your GP, and recommence the ESA route.

Contacting Welfare Rights, CAB etc can only but help you, so please don't think there is nothing you can do. Good Luck!

[pedantic]

You should appeal against D.W.P. decision to stop your E.S.A. the appeal process takes months to be heard.They should re-install your E.S.A. pending your appeal.Good Luck

[katieoxo60]

That is not good news for you when you are ill, first thing Monday I would ring BLF for benefit help. The regulations have changed vastly, but because you have been found fit for work does not mean you are not entitled to any benefit, you should be able to claim at least income support till you find a job, if you are too ill to work then ask for the decision to be reviewed or appeal. I would also go for PIP. Fit for work does not mean any work it could mean fit for work with restrictions. When I was working I was employed as disabled meaning I could not be expected to work as fast as able bodied and restrictions on some tasks. Your working capability and benefit entitlement are two totally different matters. You need help from a person conversant with disability/health issues in employment. Good luck you have a hard task ahead of you hope you win in the end. Best wishes

[Crwbin1]

Hi, if any problems with sorting out the ESA people , I would go to the citizens advice , they have people who would help both getting an appeal and help you through that as well as help sorting out finances in the meantime with the relevant authorities. I have a friend who works as an advisor and she tells me that there a lot of people in the same sort of position as you. Good luck

[Aidi]

I agree with what everyone else has put already, especially about asking DWP/Atos how they reach their decision? Ask them which part of 99%dead/dying from the neck down/up didn't you qualify for????because it seems these days that is how you have to be to get anything! I wish you all the luck with this and hopefully you'll get something sorted out soon. Take care Aidi

[Hidden]

Thank you for all your replies. I have other illness as well as the emphysema and bronchiectasis. I have double scoliosis (Two curves in my spine, top and bottom), osteoarthritis in my back, shoulders, knees, wrists and other illnesses. My scoliosis is bad at the moment because of the wet weather we have had. I have also had two injections in my right shoulder as ATOS made me do exercises with my arms and my ligament in my shoulder has popped out. Anyone know of a good solicitor??????

[initial in reply to Hidden]

Don't know if you'd be able to sue them, but I'd certainly be contacting this group, as they deal with a lot of ESA / PIP appeals fightback.boards.net/forum

[FarmerD]

Citizens Advice should be able to help you out ,good luck!

[Hidden]

Thanks FarmerD for your reply but I go to the CAB but keep seeing different people.

It was the CAB who put the reconsideration for my ESA in, in January. They are just as gobstacked as everyone else why I failed my medical. That person who did the medical from ATOS didn't have a clue what scoloisis was and told me that with exercise I will be running the London marathon and that my emphysema will get better. And she was suppose to be a NURSE.

[kaz67 in reply to Hidden]

strange kind of nurse!

[Hollyhockhattie in reply to Hidden]

Find out the nurse's name and report her to the NMC. ( nursing and midwifery council). I f she is working and assessing for Atos and doesn't know what scoliosis is then she is not fit to practice. Good luck.

[D1N064]

Send in a Subject Access Request to the DWP requesting the following info:

1. ESA85/85A

2. ESA85 Decision makers Score-sheet

3. ESA113

4. ESA65

5. ESA65A

6. All the info the HCP used to make their opinion

7. All the info the Decision Makers Office used to make their decision including the names and job title of anyone they contacted

You will find in only a small number of cases do they actually ask medical people named on the ESA50 for any medical information, even though they are charged for it. Sometimes the ESA113 is the missing evidence that makes all the difference, in some circumstances you can appeal up to 13 months from the date of decision and I believe missing evidence is one such reason.

you can download a form for a SAR (subject access request) from

gov.uk/government/publicati...

[Hidden in reply to D1N064]

Thank you, will do. I've got a copy of my medical report that was done by ATOS and my assessment form. On my medical form, they said I had no progressive disease but I thought Emphysema was a progressive disease. They hadn't contacted my doctor or my hospital specialist. It has got to the stage where I have no money to live on and feel like a fraud and faker. This is what's it has done to me. Back to doctors tomorrow as I've a cold coming, with only one lung working , its awful

[initial in reply to Hidden]

You are not a fraud or a faker - it's the system that's flawed!

Hardship payment - apply for that tomorrow, and when you see your doctor, ask for a referral to the food bank! That will cover your immediate problem of lack of resources.

I've already messaged you with a group that help others in their fight with DWP. The information they have is invaluable.

Please use the resources that are available to you, ie CAB, Welfare Rights etc. Good Luck!

[Offcut]

Get on to your MP and send them an email with all your disabilities and the process and times if you know them that these things all happened if you have gone to appeal on your ESA it is a wait, but if not re apply and get CAB to go though the form with you. If you are an older person then you can go to Age UK too. (I found CAB better but that might be my area) When you send your ESA form and medical notes that you have, I would send my recorded delivery as they always lost the ones I sent by normal mail? You can also book a time at your local JSA office and they will fax them though or copy and send internal mail (no excuses at all then)

Good Luck

[Hidden in reply to Offcut]

I have got my MP involved. He was good at first but then when my JSA was stopped, he told me that I could get a job. That he couldn't help me. I tried to commit suicide the other day as I can't find a way out. I need a solicitor so I can sue these slugs. They aren't human, they don't care. It is targets that they have to reach and god help you if you are in the way.

I didn't want these illnesses but I've got them, like a lot of people have.

[initial in reply to Hidden]

Please don't do that again, redgan... suicide is not a solution. There are organisations out there that can and will help you. Please tell your GP about this attempt (so glad you failed!), as I think you can now add depression to your list of ailments.

D1N064 has given you excellent information to mount your appeal. Whether your MP likes it or not, he is there to help you, and cannot wash his hands of your problem. Email him daily. I found that helped me For your own use, and as long as you don't broadcast it, you can record any conversation you have with DWP staff, as they have a bad habit of giving out wrong information, or 'forgetting' what's been said. Try to do everything by email.

[Hidden in reply to initial]

Thank you for your reply, funny enough I suffer from depression. It comes and goes but I've learnt how to deal with it. I started suffering depression as a child as I was brought up by alcoholic parents that were abusive mentally as well as physically then it happened again with my exxxxxxhusband..

Now I know there is people out there to talk to, I feel a lot better,

Thank you

[D1N064]

Do as offcut says involve your MP unless they are a Coalition kiss A55 they will fight for you. I found that just getting proof of postage rather than spending excess amounts on recorded delivery worked for me. If they claim to have lost it you just email them a copy of your receipt for proof of postage, most of the time they then find the missing forms, I also make a copy of everything I send ATOS and DWP, then if they really have lost them you can just copy them out and send another copy, always works for me.

[minkymoo]

if l was you ld ring the blf or dial but while waiting for them ld ask for a second opinion which they will give to another ajudicator and he or she will give you there decision but if the second ajudicator finds the first decision was fair then they will not override this decision then you will have to take it to the law courts but make sure you have a good soliciter all this happened to me with my csa but that's what you have to do and don't worry you can ask for your decision to be looked atgood luck

[onamission]

When I read your post it was if you were talking about me I was told I was fit for work lower back problems curve like yourself have injections that last 8 weeks twice a year I also have COPD stage 4 Atos think I'm going to grow a new pair of lungs I'm sure.

I filled in a new form for ESA last June I sent a letter to the minister for disabled he was to busy to reply so DWP did I was also turned down for DLA so I filled in a new form for PIP I think when you fill these forms in you have to spell everything out I'm having my forms filled out by someone the local group put me in touch with and my local MP is also dealing with my ESA claim like you I claim nothing I worked 56 hours a week plus paid loads of tax, I wish you all the best of luck. x

[zube-UK]

redgan that is a complete disgrace, reading what has happened to you and others has made my blood boil.

Sorry I can't add any more advice than the others except to say give them a little note with the following written on it- " Poverty is the worst form of violence!

[123098]

Appeal go citizens advice there is a good site i sign on benefits will post the right address it gives loads of info i appealed against the decision that atos gave me told me i was fit for work so i went to a tribunal lost then appealed to the high court anyway it took two years and i was put in the support group. If you have no money citizens advice are very good at helping you. Good luck xxx

[123098]

I joined benefits and work site they have loas of advice. The best people i found was the citizens advice . I was told i was fit for work so with thier help i appealed it went to tribunal i lost.i appealed again and i won that i am in support group.

[Hidden]

I was so annoyed reading your post redgan. How dare those barstewards treat you like that? It's outrageous. I can't add to what's been said just wanted you to know how angry I was for you! Really hope you manage to get something sorted out soon. xx

[kaz67]

Yes Redgan! May I suggest you could go to see a citizen's adviser a law center or welfare adviser a.s.a.p I'm sorry to read your very unwell & the stress of being expected to go to work when your not well is enough too make anyone in your situation feel even worse! I seriously hope you can get the help you need & fast I hope this info helps in some way! will be thinking of you & others in yr situation, please don't hesitate to reply if you need too,please let me know what happens, I will try to find what else can be done,I can't promise that I can find out more but will try!It's a sad way to be it's so cruel what this goverment is doing or whoever is responsible! I don't know what else I can tell you to make you feel better! All I can wish for is that you get help a.s.a.p don't give up try to stay strong!xx

[Hidden in reply to kaz67]

Thank you for your advice Kaz67, I have now been sanction since March 12th with no money. I have sold a few items and got food vouchers from the CAB. OK , I got my DLA, and child benefit but there are still all the bills to pay. I will get there in the end and hopefully I can get my life back. Thank you x

[kaz67 in reply to Hidden]

No problem, I hope it get's sorted and promptly,hope you can get someone to go along with you to your appointments,it just helps to ease the tension a bit at least, it will be good to hear how you get on!x

[kaz67]

could you get an advocate if you haven't already got one or some one else that can go with you to these appointments that you go too like the dwp atos & the doctors because sometimes it helps when you have some one else with you, I think that these dwp & atos persons tend to make life more differcult when they see a person struggling alone which of course is very unfair either way! I wish you better luck!

[Trinite]

If you ever get disallowed ESA appeal straight away, you get put on the basic assessment rate of about £70 pw while the appeal is being considered.

[cms_torq]

I applied for PIP as I have pulmonary Fibrosis. I had waited over 4 months. I e mailed my MP Now they have sent an appointment for me to go for assessment. That may be your best bet Government Departments usually jump to if they get an MP asking questions. CMS_ torq.