ESA decision

[angiecxx]

Hi everyone as some of you know when had my e.s.a medical a few weeks ago well today I got a phone call to say I had failed 😪 I didn't get one point 😡 anyway soon as I get the report im going to ask them to reconsider the decision and take it from there...i may of broken down in Tesco's this morning after the phone call yes I cried 😪 Im not having a good time pain wise its just so disheartening xx

[Miss13]

So sorry to hear this I know how hard and frustrating it is but don't give up!!!! That's what they want go to a tribunal if it gets to that stage it's worth the fight xxxx

[mattjoachim]

I know the feeling it not nice Put in for mandatory reconsideration straight away It most likely you have to go to tribunal. so get yourself together and be prepared for the next step in the process. I been through the same recently. Get a copy of the assessors report first [esa85]. You ring DWP tomorrow and request it. Dont go into to much conversation with them when you request assessors report. . Then you put in for mandatory reconsideration when you get report and then most likely have to to to tribunal. You can put in for MR over the phone when you ring them but wait till you get assessors report [esa85]first then you take the nest step

[angiecxx]

thank you guys I asked for a copy of the report to be sent to me asap so I can ask for a MR and I did ring c.a.b today but they are so swamped at the moment they can't see me until the end of January I have a report from the specialist which I will get photocopied I rang my Drs surgery so I can see my gp and hopefully get him to do a letter but there are no appointments at all and I have to ring the first week of January to see when the next available appointment is I asked if a Dr will do me a letter so tomorrow I need to sort that out and as my e.s.a has stopped I now have to go back onto j.s.a I have no choice financially i just don't understand how i didn't get one point i admit after he asked me two questions he stopped typing on the computer and I kinda knew then I wouldn't get It it's just more stress more hassle something no.one needs when they are not well ☹

[AsheleyGreen in reply to angiecxx]

Hi Angie, I, too, did not receive one point even though I have 3 herniated discs, arthritis, reynauds, which were all diagnosed by my doctor! They are very sneaky as when I received a copy of the report their doctor had said how I managed to retrieve my mobile from my handbag and answer it. I had to as I was late to pick my son up from school as the assessments were running 1 hour behind. He also noted how I sat, how I spoke, made good eye contact. This is just unbelievable and hard to accept that this is happening in our country. Anyway, suffice to say they denied me ESA and I appealed. The first appeal I had to miss as I was just too unwell that day so they put me back on JSA, which was an absolute nightmare having to apply for as many jobs as possible and going into job centre every two weeks when you feel so unwell. I then lodged a second appeal and I had to go to a court house, before a judge and a physician, who proceeded to ask me lots of questions. You need to go well prepared with as much information on your medical history as possible and let them know in great detail how this has affected your life. It helped me to write down notes as I knew I could forget some very important points to make. It went really well and they were nice to me. I spoke to the clerk outside after the hearing and she told me she has heard some very harrowing stories, and how most of the people that go through this process are genuinely unable to work. I was awarded the ESA and even qualified for PIP, which just shows how unfair these assessments really are. I think they just score you zero points and hope you will just go away. Do not give up or give in, as chances are you will prevail. Good luck xx

[angiecxx in reply to AsheleyGreen]

Hi Ashley Im so.happy you got the result you wanted to even though it took you a long time and alot of fighting to get to the end I have to go to the job centre Friday afternoon for an appointment and I know I will be made to sign on every week I was last time i came off e.s.a and went onto j.s.a its going to be such a struggle for me to go every week but I will obviously tell the person I see what has been going on hopefully I will get someone who is understanding I.know its going to be a long haul but I will get there in the end I just need to get my head around everything and what I have to do to sort it all out xx

[mattjoachim]

Just wondering was this your first time to have assessment for esa or were you on esa before this in one of the groups. T his makes a difference as I only found out this from ICE when i done a complaint about my assessment .I went from support group to 0 points on reassessment

[mattjoachim]

WHEN YOUR APPEAL IS LODGED WITH TRIBUNAL YOU WILL GO BACK ON ESA. THAT WHY YOU HAVE TO GET BALL ROLLING AS QUICK AS POSSIBLE. SO GET M.R. OUT OF THE WAY AT QUICKLY AS POSSIBLE THEN YOU CAN TO AND GET SSCS1 FORM AND GET IT TO APPEAL TRIBUNAL AS SOON AS YOU CAN YOU GO BACK ON ESA WHEN THEY RECEIVE IT AS LONG AS YOUR DOCTOR GIVES YOU A SICK NOTE AGAIN. YOU CAN ALWAYS ADD MORE EVIDENCE AS LONG AS IT IS LODGED FOR TRIBUNAL

[angiecxx in reply to mattjoachim]

is that if I don't have any luck with the reconsideration I can go back onto e.s.a its all so confusing lol

[mattjoachim in reply to angiecxx]

You can go back on ESA at assessment rate when DWP get notice your appeal has been lodged with Tribunal Your doctor will then be able to give you a fit note to send DWP. My advice it it better do this rather than jobseekers allowance part of the condition you get jobseekers allowance is you actively seeking work. Bet when you ring DWP that they encourage you go to jobcentre to sign on. its better go the way i mentioned first and lodge appeal.

[angiecxx]

no this was my second assessment I had one in march and obviously failed that one i only went on to e.s.a from last October until April this year but in July I had a hysterectomy so I went back on e.s.a but since then you have been diagnosed with fibromyalgia hence why I have stayed on e.s.a as I have been in alot of pain with it and I also have endometriosis which is another long term health condition

[Gurtie in reply to angiecxx]

Hi I live in Australia I also got denied dsp disability support pension but appealed to a judge I had to get 20 points they gave me10 for fibro but I had to make the other 10 with my mental health which I have post trauma from losing my mum fibro alone wasn't enough to qualify it was a 2 yr battle and just got diagnosed with endometriosis they thought I had ovary cyst but my muscle has endometriosis not my cervix I wonder if it's related to my fibro

[angiecxx in reply to Gurtie]

Hi Gurtie im sorry to hear you didn't get the outcome you was hoping for ☹ I also have endometriosis I was diagnosed with it over 20 years ago with it so I have suffered many many years with it then back in July I had a fu hysterectomy hoping that would ease the partly ease the pain but i just got worse so I ended up going back to see my gp who sent me to see another specialist who diagnosed me with fibromyalgia he said the two could be related or the fibromyalgia could of been triggered by the hysterectomy as major operations can cause fibro it seems like a never ending battle doesn't it but im going to keep on going until I get the result I want I hope you get the result you so truly deserve 💖

[Gurtie in reply to angiecxx]

Thankyou💜

[angiecxx]

the lady who rang me and told me the decision said my e.s.a had been stopped as from yesterday and i have to go back onto j.s.a she said until the MR has been dealt with and they make their decision I can't be on e.s.a,but if I don't get the MR then I appeal against it then I can go back onto e.s.a then when I saw the lady at the job centre she said when I send in everything for the MR to tell them on the letter that im having to claim j.s.a because I have no other choice as I need the money and its what I have been resorted to do is that not true then because I thought that if they see im claiming j.s.a they will see me fit for work Im so confused 😖 lol x

[Dinkie]

So sorry to hear your news - hardly surprising that you shed a few tears. It's very disheartening but don't give up - we fibro folk are made of stern stuff. Good luck with the fight for justice.

[Aishah50]

Okay first hurdle over. Second is a mandatory reconsideration. Hold in mind DWP has set their decision makers a target of 80% refusal of mandatory reconsideration. Not to worry, a pain, I know but 69% of DWP decisions are overturned at Tribunal stage. Remember they make it as difficult as possible as they know you have a) limited capacity and energy b) you’re really sick c) THEY WANT YOU TOO GIVE UP. I know it’s hard but it will be worth it in the end. Good luck.

[angiecxx]

thank you everyone for the support and words of encouragement it means alot to me im not giving up I will keep going until I win ☺ It's a pain having to go back onto j.s.a but as I Said I have no choice in the matter whether I get the result from the MR or not i will only be on it short term I have people to help me with the letter for the MR and I will send as much evidence as I can i am expecting them to turn me down but then I will appeal against their decision

[foxie]

I was migrated from IB to ESA and placed in WRAG without medical March 2013. No mandatory reconsideration then so sent off appeal form GL24,, CAB helped me complete, with covering letter. Then requested all info they had on me ,both paper and computer, and got this back towards end of April. Found that a nurse in Scotland had decided that within 18 months i would be fit to work and put me in WRAG and no score sheet. So I gathered as much supporting evidence i could and sent this off on 7th May 2013 and stated would be sending more evidence once I received it. So don't know if supporting evidence and my letter heped in them changing their decision. So send off, recorded, any further evidence you have as you get it and don't hold on to it waiting to see if the Mandatory Reconsideration is made in you favour. I sent letters of support from family and friends that stated how my condition effected me, they were very detailed. I wrote in detail what a typical day is for me from waking up. Photos of my hands as they get very swollen. Lots of other things but can't think off hand what. I went down route of REG 35 but scored the points on walking.

Don't give up.

Gentle hugs

[angiecxx in reply to foxie]

thank you 😊 I have asked family and friends to.write a letter saying how much my health conditions affect me on a daily basis and I'm hoping to see a dr within the next few days i have rang this morning but they are no available appointments today I have to ring back tomorrow morning at 8 I have a letter from the rheumatologist i saw stating how fibromyalgia affects me and also that I have endometriosis and depression so i am trying to get as much info as possible its just so stressful and today im completely exhausted and all I want to do is sleep 💤

[mattjoachim in reply to angiecxx]

The way the system works is push people towards work regardless of health conditions. Fake assessments rubber stamped by DMi in DWP. Get MR out of the way as quickly as you can you can even do it with telephone call. You will then be able to lodge appeal and get some money. If you go on jobseekers you still have to wait for money anyway as it is paid a couple of weeks behind.

[angiecxx in reply to mattjoachim]

I applied for j.s.a yesterday and a couple of hours later I got a telephone call telling me i have an appointment on Friday for a work focused interview and because I was due my e.s.a payment next week I will have to sign on by Tuesday in order for me to receive a payment at the end of next as they don't want any gaps between payments

[Mdaisy]

Good Morning angiecxx

So sorry to hear that you were not awarded ESA and I can imagine how stressful and upset you must be feeling. I don't think they understand that claiming benefits can impact on people's health so much and I personally think the system is unfair for the vulnerable and disabled.

I see you've been given some good advice from others on this thread. If you want to get further advice from the FMAUK Benefits Advisor, all information can be found in the post below including helpful website links that you may find helpful;

healthunlocked.com/fibromya...

I sincerely hope you find the strength to fight this decision and that you get the decision you deserve

All the best

Emma

[angiecxx in reply to Mdaisy]

Hi Emma thank you very much for your kind words I will go onto the link now and see what other help I can get the way im feeling right now I don't know what's more stressful fighting the decision or having to go back onto j.s.a and signing on every week and seeking work it is so unfair thank you again x

[Mdaisy in reply to angiecxx]

Hi Angie

I can imagine and understand the issues claiming JSA during Mandatory Reconsideration, however you need an income within this time. I would consider speaking with the local Citizen Advice Bureau whether you are able writing to JSA to explain your disability, in the aim to avoid sanctions as you are unable to apply for certain jobs and that you are awaiting an ESA reconsideration.

I don't know if this is possible now, but it used to be discussed as I remember writing the following post but the link doesn't seem to be working now

healthunlocked.com/fibromya...

It is unfair and I feel for you in this situation, however when you feel able (maybe after a rest) I hope you find the strength to keep fighting this !

All the best

Emma

[mattjoachim]

There is a case tomorrow 14/12/2017 going to tribunal where assessors and DWP should be shamed for . Man with cancer and mental health problems went for ESA assessment last Feb. scored 0 points and no ESA. Lodged appeal with tribunal. In June this year 3 months after being found fit to work he died from his cancer The family want the case to still be heard by tribunal so money can go towards funeral expenses. Notice not much on papers or news about this, as such stories are kept out of the headlines by the powers that be

[angiecxx in reply to mattjoachim]

omg that is terrible and such a shame ☹ how can the DWP live with themselves I hope the family get the outcome they deserve x

[LaurieLee]

Hi, think you need to speak to Janet, Benefit Advisor on this site, can’t remember how. Hopefully, someone else will tell you. She’s lovely. She can send you benefitsandwork.co.uk website stuff.

Good luck x

[Mdaisy in reply to LaurieLee]

Thanks for mentioning Janet - I have added the link to contact details in a reply to angiecxx

[LaurieLee]

Don’t forget you only have 30 days to put your MR in from date of your letter. I know you have Xmas etc in between but you have nothing to loose by going to MR and then tribunal if that doesn’t succeed.

[angiecxx in reply to LaurieLee]

Hi I hope you are ok i got my report today and im so so angry 😠 most of it is lies and the assessor has made me sound like im lying about everything and that im just really lazy im fuming which makes me more determined to fight this all the way on Monday im going to a,friend who helps people with MR and appeals and she's very good also I went onto the links that Emma put on here for me and I got some very good advice I just can't believe how people can lie and think it's ok to do so thank you everyone for your advice and support it means alot to me i will keep you all informed with the MR 💖 🤗🤗xx

[mattjoachim in reply to angiecxx]

I expected as much I when i got mine i could not believe the the way they twist things and minimize what your illness is. They are trained to do that. I ended up getting apology and consolatory payment from Maximus.before my Tribunal which i won easily. i complained to Maximus while i was waiting for my Tribunal date. Most important if on your assessment report they have omitted discussing with you how your illness effects your functional ability on a daily basis Then its not worth the paper its written on but they wont tell you that

[angiecxx in reply to mattjoachim]

Hi 🙋 I hope you are well its,terrible how they twist things do they not realise how much of an impact that has on a person ??I was and still am raging with my report the person who took me saw the report and and sat there saying well that's a lie and so is that and,that etc I spoke with a,gp yesterday who hs put other things into place for me so I will be sure to put that in the letter as well as all my evidence that I have which isn't much tbh but its something I just feel so deflated by it all even more so after reading the report ☹

[LaurieLee]

Hi Angie, I totally understand how you feel. I had my PIP a few months ago, and had a report like yours, total distortions and outright lies. You have to literally go line by line and pull it apart. With EACH example, show what you put in your form, plus supporting evidence about each activity. I assume you didn’t get it recorded which ESA can provide. I did this, but provided my own recorded devices with PIP, got it transcribed and did the same as above, but with my answers from tape as well. if you had a witness, if anyone went with you. Go through it with them for each thing on the report and what you both remembered what you said. That’s all you can do. If it doesn’t work. DO NOT GIVE UP, thats what they want. Go to Appeal.

Do a some everyday, but get it in within 30 days of letter and send by Special Delivery and keep Receipt of it and take a picture of Receipt. ALWAYS KEEP COPIES OF EVERYTHING YOU SEND.

Wish you all the best.