ESA: I was diagnosed with ataxia last year. I... - Ataxia UK

Ataxia UK

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sutty789 profile image
14 Replies

I was diagnosed with ataxia last year. I recently went for an assessment to continue my ESA....however works and pensions have rung me earlier to say I'm fit to go to work.

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sutty789
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14 Replies
Daisychain18 profile image
Daisychain18

They did exactly the same with me! It's so ridiculous! You need to appeal the decision straight away. A lot of people have told me that they often over turn the decision. Good luck

sutty789 profile image
sutty789 in reply toDaisychain18

Thanx Daisychain18... they are sending me the report and an appeal form.. Do the assessment ppl get a bonus for everyone they turn down?

Daisychain18 profile image
Daisychain18 in reply tosutty789

Someone told me they do but don't know how true it is but it wouldn't surprise me! The report will probably shock you as mine did and it will make you feel rubbish about yourself but after a cry and a good talking to myself i was ok

Iain_100 profile image
Iain_100 in reply tosutty789

A bonus? Not how the DWP works. They'll more likely be sanctioned/sacked for letting a deserving cause slip under their heel.

Appeal. They'll even tell you where to send your appeal form. But don't hold your breath in the expectation of them suddenly finding a heart.

I hear you Daisychain18. They are so cruel. So cruel that you start to think that it's all in your head. Until you fall over again - and realise that they really are horrible people (and then you realise that it is our society, in general, who think that this is a price worth paying to deter professional benefit fraudsters).

So sutty789, it's them, not you.

And we're surrounded by cruel idiots. They walk among us!

sheild profile image
sheild in reply tosutty789

They don't get a bonus but if it works like the job centre side of things then they have a target for how many people they have to get off benefits.

sutty789 profile image
sutty789

Yep I can't stop crying..I would love to work but know I can't..and no one would employ me and I wouldn't blame them!

Daisychain18 profile image
Daisychain18 in reply tosutty789

Crying helps sometimes as it gets rid of all those pent up feelings! Interestingly though I had a private work assessment through my employer and they said I couldn't work! It's a bit of a joke. Keep your chin up and don't let them get the better if you

DeniseLB profile image
DeniseLB

I am actually going through the same thing as I am in the appeal process. The DWP cut my benefit because my GP asked for a home visit and was refussed. There is quite a lot to talk about here, but I might be able to offer better advice once it has been resolved. I was told to sign on for job seekers allowance when I actually find it hard to leave the house.

sutty789 profile image
sutty789

I have had to apply for job seekers..rather than be without money until I put my appeal in. Luckily I am able to walk at the moment but I certainly am not fit enough to work.

kjtibby profile image
kjtibby

Oddly the people that do the assessments are qualified but the decision makers aren't (the assessor told me this) so definitely appeal it

sutty789 profile image
sutty789

Apparently..u need 15 points to succeed..and I didn't get any...was she in the same room as me?

cymruralf profile image
cymruralf

Sutty788

The first advice is speak to your local CAB. They will help and advise. Don't try and do this on your own. Appeal every decision and go to tribunal if you need to. Tribunal people are real people but they only deal with your condition on the day of the assessment.

Secondly make sure you meet all deadline dates for responses and ensure you get proof of posting as DWP very often loose post (convenient for them).

Finally it takes a long time mine took 44 weeks but I got there in the end

Colin

lonesome profile image
lonesome

I found myself in the same position....had a tribunal and had all my points taken off me found fit for work.

Sent a 'Legal Looking' letter appealing to Upper Tribunal.....they gave me a new tribunal and was put in the Support Group for 3 years.

I even had to tell DWP about dates for back money.

No faith in them whatsoever!

Smallblackdog profile image
Smallblackdog

Yep CAB, they deal with this DWP nonsense every day.

DWP use their own criteria and you can only fight fire with fire. I'm about to do a 'Mandatory Appeal' myself and thought I had put together a pretty good case. Took it to CAB only yesterday and they advised me to forget my argument and just stick to rubbishing the 'descriptors' they ticked in the DWP list, fortunately CAB know all this stuff by heart.

You only have 4 weeks to ask DWP for a reconsideration but I'm told you can just say 'I want a reconsideration' which sets the wheels in motion while you get your evidence together. As Colin says: get proof of posting.

In my experience (with DLA) tribunals are nothing to be afraid of. I just sat in a room with 3 very normal sympathetic people and told them my story.

(in my work capability assessment the DWP's own doctor wrote that she didn't think I'd work and this was going to carry on indefinitely - I thought that the decision maker must have missed that, but oh no, that's not part of the decision maker's criteria).

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