ESA assessment

[Babycat70]

Hi I haven't got fibro but hope you can help me. For years I've have suffered Spondylolthesis of the spine Neuropathy Pain and numbness in legs. Borderline Personality Disorder depression anxiety panic attacks socially anxiety Phobia OCD self harm Ulcerative Colitis Foliate Deficiency Lichen sclerosis Lichen Planus recurrent kidney infections and recently agrophobia for 11 years I have not been asked for a face to face assessment until now. My application I typed 18000 words sent letter etc you know what I mean. I only go out to see parents doctors or hospital. The letter came Friday and I reacted bodily I went to my GP and saw my psychiatrist yesterday. He is doing a letter stating im mentally and physically too ill for an assessment and being moved from support group to work activity group would be harmful for me on both levels. My GP is doing a letter to back this up. After all this can they still make me go?

[Trikki]

Hi Babtcat70.....I am sorry you have so many troubles in your life and I so wish I could give you the answer you want, but I cannot as I have never been in your situation but I really hope someone can answer your query and head you in the right direction......

Take care Trikki

[Babycat70 in reply to Trikki]

Thank you x

[BlueMermaid3]

Hello Babycat70

Unfortunately I am not a benefits expert and do not know the answer to your question.

Usually I would refer you to our benefits adviser but unfortunately she is away until 17th October.

I am assuming that you have already requested a home assessment?

I am sorry that I am unable to help you.

Wishing you less pain and more peace

Lu x

Administrator

[Babycat70 in reply to BlueMermaid3]

No I haven't as I received letter late Friday and been to doctors and hospital yesterday. I'm hoping my psychiatrist rings them as well. I've got severe OCD re germs so them coming to my house is like he'll on earth

[BlueMermaid3 in reply to Babycat70]

I would have thought that they would need to see you somewhere to do your assessment.

As far as I am aware the only 2 options are at an assessment centre or at home.

Lu x

[Babycat70]

Well I know but I'm really hoping psychiatrist stating im too ill for an assessment will help. Plus if they start asking questions my mental health stare could mean I get angry too.

[angiesmith50]

Hi Babycat sorry your suffering. Your doc needs to write a letter asking for your assessingment to be done in your home. I've been turned down for esa so I'm questioning their decision. I've applied for pip and have received a letter saying they will assess me at home. I've got myself in a right state over it all but I have had some great advice and support from everyone here. Good luck and take care xx

[Babycat70 in reply to angiesmith50]

Thank you angie My psychiatrist and GP are doing letters to say I'm too unwell for an assessment anywhere apparently there is a regulation 35. So it's a case of waiting and see x thank you for your reply means alot xx

[Hidden]

The answer is No they cannot make you go BUT if you are not assessed at home or at a place they decide then you MIGHT get any support allowance stopped. Ask your g.p to support your need to get you a home visit, it is possible, find yourself a Welfare Rights officer in your local town or close by they will also support you, normally we could on the forum but our Janet is off for a while, gather as much support as you can incl hospital medics, the DWP cannot argue with professionals... Good luck to you.

[Babycat70 in reply to Hidden]

Thank you caz. My psychiatrist is doing a letter for me stating im too ill. Of course I cannot refuse but I really hope a letter from my psychiatrist and GP tells them. X

[TheAuthor]

Hi Babycat70

I am so gneuinely sorry to read of the distress that this is causing you and I sincerely hope that your psychiatrist and GP letters help dissuade them from holding an assessment for you.

I have pasted you some information below that you may find useful:

Regulation 35

35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

(a) the claimant is terminally ill;

(b) the claimant is—

(i) receiving treatment by way of intravenous, intraperitoneal or intrathecal

chemotherapy; or

(ii) recovering from that treatment and the Secretary of State is satisfied that the claimant

should be treated as having limited capability for work-related activity; or

(c) in the case of a woman, she is pregnant and there is a serious risk of damage to her health

or to the health of her unborn child if she does not refrain from work-related activity.

(2) A claimant who does not have limited capability for work-related activity as determined in

accordance with regulation 34(1) is to be treated as having limited capability for work-related

activity if—

(a) the claimant suffers from some specific disease or bodily or mental disablement; and

(b) by reasons of such disease or disablement, there would be a substantial risk to the mental

or physical health of any person if the claimant were found not to have limited capability

for work-related activity

GOV.UK Legislation Regulation 35:

legislation.gov.uk/uksi/200...

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

[Babycat70]

Thank hunni it means alot. It is because of this site that over the weekend I learned about Regulation 35 a massive thank you! I like to think I'm quite knowledgeable on these things but this was a new one for me. I rang the esa and got a wonderful lady on the phone. She is ringing the work assessment team as I explained what was going on. They are ringing my psychiatrist in the next few hours so I'm crossing everything. I think he knew about regarding 35 as he said he wouldn't blatantly state this but will word the letter basically stating don't go near me

Lord I sound like a mass murderer. Anyway I will keep you posted as I truly believe that if someone months years downthe line sees this i only hope that it helps many more victims. Regards xx

[angiesmith50]

Where I stand now 😫

So esa rejected my application so I called them to question their decision. They are sending me a medical form showing why I got rejected. When I receive it I have to phone them back and explain why I should be getting esa. My doctor is doing a letter. I was seeing someone from rethink mental health but could'nt keep the appointmenta as I am too ill to leave the flat. Hopefully they will do a letter too. I told you I sent my pip form off with a letter from doc asking for a home assessment. Today I have received an appointment to go to Birmingham. 😈 Just so fed up with it all. 😭😭 x

[angiesmith50 in reply to angiesmith50]

I forgot to lock my post. Help

[Babycat70]

I'm sorry your going through so much pain too Angie. Not sure what you mean by locking thread. Erm I think you are on the wrong thread or maybe not but big huggs

[angiesmith50]

I meant to send the message as a new post and tag you in but I sent it as a reply to you. Sorry xx

[Babycat70]

Don't worry about it sweetie no need to be sorry at all big huggs xx