I'm Not Sure Of What To Do With My Ca... - British Lung Foun...

British Lung Foundation
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I'm Not Sure Of What To Do With My Catch-22 Situation?

After trawling through countless advice sites, it does appear that I'm caught in a 'catch-22' situation regarding my health and ESA and JSA.

Apparently, I'm not going to be able to fulfil the requirements for JSA because my COPD affects me too much. Ergo, I'm not fit enough to work. But on the other hand, I'm just not sick enough to be entitled to ESA either, because both Atos and the DWP have decided so, and my recent tribunal agreed [though awarding me 6-points for the COPD]. I think I might be having a total meltdown, as I just can't stop laughing at my predicament.

If anyone else here has found themselves in the same dilemma, would you kindly offer me advice on what I could possibly do to rectify my situation. Thank you.

The following link makes fantastic reading: dpac.uk.net/2013/03/more-ch...

Righto, I'm off to the bedroom to stuff my face into a pillow - no, not because I feel suicidal, it's just to prevent my neighbours from hearing me howl with insane laughter.

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24 Replies

They Are Taking The Piss To Put It Blunt ..... People Are Dieing **************** This New Pip Is A Joke

What Part Did BLF Take In Advising Because Looking Threw Claim Form A Can't See Any

Perhaps BLF Could Clarify There Input Thay Had With DWP

The BLF contributed to the public consultation on PIP. We were not asked to take any other role. It would not have been the BLF's role to take part in any design of PIP - I am not aware of any other disability charities that were involved in the design of PIP. This is not something that charities get involved with. Yes we and other charities did contribute to the consultation and tried to affect it in any way we could.


Hi Cheers Mark For Your Speedy Reply .... Yes They Must Of Asked And Cherry Picked What They Wanted To Use And Hear :(

Its Ridiculous You Would Have To Be Dead Or In Permanently In Hospital To Qualify

And What Ever You Do Do Tell Atos Your Disapprove Or They Will Whip You Away To A Secret Courts And Section You

Like Really Is That What We Pay Tax For ...... Sorry Mark If Bit Brash But Remember Previous Posts And Such High Hopes ... Looks Fair

I presented all my medical evidence for the WCA at Atos and the DWP, but neither of them ever bothered to verify anything. The Atos Nurse who assessed me has no specialist traing in musculoskeletal/pulmonary/cardiovascular field, but she's quite the expert at doing a 'hatchet-job' on a claimants' statement.

Of course, the Tribunal believed her statement and not mine, which I expected them to do. Fairness at an ESA Tribunal hearing? Not in my case.

best regards and good health to you.

Hi, how on earth can that be? Do they not see how ridiculous it is? The only thing I can think of, which won't help you in the sort term, is to try and get a newspaper to take an interest in your story. Libby (start practising a sad face for the photo to go with the article).

sorry, short, not sort!

It seems that when I do have to go to Jobcentre Plus to apply for JSA, it's most likely they'll refer me back to the DWP to make a fresh claim for ESA as I'm not healthy enough to actively seek or do any work. I guess this merry-go-round is standard for folk with health problems. Until the other day, I often wondered why the jobless figures haven't risen they you'd expect them to when so many thousands have lost their appeals and been forced to sign on the dole - now I understand why! The link on this blog explains it all in detail.

Best regards and good health.

When I do rehab it worries me I might become fit enough for work and have to give up my oxygen that has kept me from getting worse caught between two stools when if you try hard a decision goes against you but if you sit and smoke getting worse the money is paid out no question.

Tom, as I've mentioned before, get on to Welfare Rights - leeds.gov.uk/residents/Page...

Let them guide you through the minefield and get you the support you need. :)

Very good advice from gordon57,,they are excellent and if you entiteled YOU WILL GET IT...... :)

I'm just a bit too late to anything with my claim now, but Gordon, I won't be the next time - when I make a fresh claim for ESA.

Best regards and good health.

Where I can sympathize with a predicament as my own working life was cut short for many years I struggled with health that was not sufficiently bad that retirement on health grounds could be considered. A qualification process must exist directing funds where they are most needed a demeaning process no doubt but necessary when some people will take advantage making fraudulent claims that take money from those in need of help.

I don't see anyone having a problem with there being a "qualification process". It's the methodology application which is at fault.

Quite right. There are people who are falsely claiming sickness benefit and seem to continue to get away with it, we genuine claimants are the ones who appear to be taking the blame for this fraud, but we're helpless to do anything about it! I guess the government looks upon us as acceptable 'collateral damage'.

Best regards and good health.

Listen to Gordon, Tom. He's giving you good advice. :)

I'll second Gordon's advice too :) I would never have received DLA if it hadn't been for my local authority's benefits adviser. He was an absolute star !!

Keep on keeping on though ..... you deserve to win !


When a tribunal panel asses fit for work the only option I am aware of is challenging that decision on legal grounds that the tribunal have not correctly interpreted the criteria.

Beyond that there is no further right of appeal and JSA should be applied for if the medical condition has not deteriorated significantly since the last application with choices limited by a tribunal decision there is no half way fit for work or not has been decided.

Take heed of gordons advice



Hello Tomscribe, did the CAB or any other organisation help you fill in your original claim form?

Are you diagnosed as 'severe' COPD?


Yes, severe COPD [emphysema] which I believe is at Stage-3 according to my last two spirometry tests. In the Atos nurse's statement she put down "Due to poor spirometry technique, the findings are inconclusive." Well, how can you argue against the word and expertise of a trained health professional, eh? I guess she never bothered looking at 2-years of spirometry test results I'd sent in which showed my lung capacity steadily decreasing.

Best regards and good health.

Yep I Had That Out With IIDB .... Said Like Really There HCP Thats Not A Term A Would Even Use Loosely Unless Am Constipated

A Said I Wil Be Taking DWP Finding's Into Atos And How Even DWP Have Nothing Positive To Say About Atos And Its Medical Assessments

I live in Nottingham ,we had a Tory county council until last month's local elections one of the first things they did was close down the welfare claims department,very difficult now to get advice.cab completely swamped.

I live in Nottingham ,we had a Tory county council until last month's local elections one of the first things they did was close down the welfare claims department,very difficult now to get advice.cab completely swamped.

Have Been Moon And Back With W#### At Atos .... Next Time They Say Your Fit Go To Your GP And Get Sick Not And Give It DWP

Yes Can Be Done ... And If Your Sick They Can Not Go Against Your Own Gp Advice

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