Has any one else had to go for a ESA ... - Fibromyalgia Acti...

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Has any one else had to go for a ESA medical with out filling in any forms ?

mystic profile image
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mystic
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14 Replies
Mazz64 profile image
Mazz64

Hi I have always filled in a form, were you on IB ? I think but am not sure of this, but some people on IB get called for a "medical" without filling in a form.

jimsalisbury12345 profile image
jimsalisbury12345

no i was on incapcity benifit 16 years got form filled it it with help citizens advice was there 2 hours filling form thoght that be noth not ask in for medical o no called in atos medical was in real bad way daymedical but they decided place me wrag group went job centre said got prepare some form work i said no i am not they santioned mt benifits i went appeal and won but the stress done me no good they real pigs atos dont matter how bad you are try say fir they get payed get u off benifits i hope others not have go what i had too done my helth no good att all

Kirby profile image
Kirby in reply tojimsalisbury12345

Jim you really need some expert help. Try this site and register, It is free:

ilegal.org.uk/

Also Benefits & Work which is a small annual fee for a year. But well worth it.

jimsalisbury12345 profile image
jimsalisbury12345 in reply toKirby

thank you very much will look in to all best to yuo very kind off you

Kirby profile image
Kirby in reply tojimsalisbury12345

You're welcome, Jim :-)

Haney profile image
Haney

Dear team members, I am in the same boat as the above jimsalisbury 12345, my entire ESA was sanctioned till today from April 2013 as I did not attend their WFI in March 2013 as I was very ill and I gave a good reason why I was not able to attend their WFI since they put me in WRAG. I appeal to put me in ESA Support Group as I am coughing up Blood because of my Lung Problems, cervical spondylisis, heavy bleeding's and Arthritis. My appeal hearing was on 29/10/2013. I could not attend because of my severe illness. My husband and my daughter went to represent me at the tribunal.

The Judge told them that they need to adjourned my hearing because they want to see me and they also said in the interest of claimant we need to adjourned the hearing date to another date. My husband told the judge that all the medical evidence will speak for it self about me severe ill in my absence as I provided MED 4 stated I should refrain from employment indefinitely which ATOS did not consider during ATOS medical Assessment in Dec 2012 and I also providing MED 3 till today. ATOS said my MED 4 is issued in 2005 and they cannot accept it. I Appealed to the DWP that it is issued for Indefinitely and it is valid forever until my end of life. the ATOS/DWP was very adamant and don't want to listen to us or our GP (Doctors). So now I have been supplying the DWP with MED 3 as I am also waiting to undergo a major operation to remove effected parts of my lungs.

On 29/10/2013, My husband said to the honorable judge that Can we go on with the hearing because the WDP have sanctioned the claimant's entire benefit from April 2013 till today.

The Judge told my husband that the DWP cannot sanctioned the entire benefit. The should pay the claimant's ESA while the appeal is pending and the Judge advised my husband to phone the DWP. My husband said the Judge that we contacted/ written to the DWP about this unlawful sanctioned of entire ESA,many times but the DWP's response was not in favor. Some times they hang up their phone when we request to speak to the DWP manager. In June 2013 the DWP send me another ESA50 to fill in which I did not fill in. I told the ATOS DWP that my ESA WRAG still valid for one year until Feb 2014 and my appeal on this issue to put me to Support group is still pending at the HM Courts/Tribunals services. I also stated that the DWP have no grounds to send me another ESA 50 to fill in until Feb 2014.

At this stage the DWP got angry and the closed down my claim file in June 2013. They send me a letter saying that since I did not returned the ESA50 form which they sent me in June 2013, they said my benefit is ended and I am working. I appeal again on this issue separately. Now the tribunal have fixed the hearing date in December 2013 to hear this two appeals together. My health got deteriorated very badly as I have lodged nearly 5 to 6 appeals to DWP about my migration of IB to ESA since ATOS Nurse medical examination Dec 2012. My big day is the hearing day in December 2013. I hope the god will bless me to win my appeal and to put me in ESA Support Group. Lets hope for the best. I hope they will reinstate my IB until they give proper notice of migration for ESA as i appealed on this specific issue to the tribunal.

Kirby profile image
Kirby in reply toHaney

Hany, as I said to Jim above you really need some expert help. Try this site and register, It is free:

ilegal.org.uk/

Also Benefits & Work which is a small annual fee for a year. But well worth it.

jimsalisbury12345 profile image
jimsalisbury12345 in reply toHaney

send this story to the benifits at work team they are campaigning against awful way goverment and corrupt ferms are treating us gen claimants

millster profile image
millster

Atos cans send you for a medical just out of the blue they don't need a reason ! They seem to pls themselves over everything

mattoid-mags profile image
mattoid-mags

Oh My, some real horror stories when It comes to ATOS & DWP. When oh when will it all end. I think everyone affected across the UK needs to stand up and be counted. We seriously need to unite and have a peaceful protest day to show the government that we are not going to roll over and die.

bluebell99 profile image
bluebell99

I wish ATOS would send me out of the blue. I'm in WRAG on the basis of questionnaire alone. My appeal to be in the Support group was sent in May. Even the Job Centre lady e-mailed on my behalf in September, to no avail.

I was told it would take 3-6 months, well, time is now up and still nothing. If I ring DWP they say it is at ATOS, if I ring ATOS they say the decision is with DWP'.

mattoid-mags profile image
mattoid-mags

I understand your dilemma bluebell, I had a terrible time with them.

My contribution based ESA ended in mid July and they said they were assessing me for income based ESA. It took 11 weeks + for them to assess me. I was constantly ringing them for updates and it was the same reply every time, either they needed more information which I sent them or a decision hasn't been reached yet.

Eventually, on the 3rd of October, I got help from a MLA member who had a direct phone line to the ESA and within a few minutes my ESA was back-dated and in my bank account. I couldn't believe it, one phone call from that man made all the difference.

Also, a few days later I received a letter from ESA dated the 2nd of October which stated that I was not entitled to any ESA. I contacted CAB who in turn phoned ESA again for me and the ESA told them to tell me it was a mistake and to just ignore the letter. I can only assume from this that If I hadn't have got help from this MLA member, I wouldn't have had any money at all and would be claiming JSA now.

I believe the ESA, because I was vulnerable, thought they could cheat me and get away with it.

bluebell99 profile image
bluebell99

Sorry Mags, who/what is MLA. Sounds as though he did an excellent job for you, it IS odd though that they changed their minds when someone else got involved.

I can't understand how far behind ATOS/DWP are with their appeals and tribunals. If you think how many of us are waiting for a result and we are only one community here, let alone all the others on HealthUnlocked, it beggars belief the government hadn't realised this would happen.

The DWP must have files reaching to the ceiling when you consider those having problems on jobseekers, pensioners, income support, working tax credit etc. It is madness!!!

mattoid-mags profile image
mattoid-mags

Hi bluebell, MLA stands for (Member of the Legislative Assembly) in Northern Ireland. I was so stressed out & depressed over having to wait and being constantly told something different every time I phoned the ESA. On the last phone call I made to ESA, the guy wasn't listening to what I was telling him- I had to explain everything to him at least three times and he still didn't get it. That is when I lost it and I yelled at him, I said, 'I am on the verge of a mental break-down, somebody better sort this out!' He told me he would get someone to ring me back but they never did. That is when I went to the MLA and I could not believe it when he rang me back and told me to check my bank account, and lo and behold, the 11 weeks back-dated money was there. I feel for every single person who is going through the nightmare of the BENEFIT SYSTEM..... It is a total sham.x

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