Fibromyalgia Action UK

ESA Assessment

I have just had my ESA Assessment and reply came taking me off the Support Group after being on it for a year. In the Assessment report by the HCP worker was lies saying I got on examination couch with no problem, he did not ask me to do this also saying I walk 80 metres from car park to shop and then walk another 20 minutes round shop another lie. Now I see why I have read here people wanting recorded Assessments. I just can't get my head round this but being that I never said hardly anything at the medical the HCP worker filled in what needed to fit me up or stitch me up. He did not ask me to lift my arms or kneel down like they usually do. I have signed on JSA and going to interview this morning and I have spoke on phone about my Mandatory Reconsideration and the man said I had to write in, but a couple of years ago I done it on the phone so may be he couldn't be bothered. I have wrote a letter for the Reconsideration but I don't think I will be handing it over to be faxed when I sign on because I asked for something before to be done and they did not bother and I want this to get done so I can get Appeal going. Anyway that's all for now but if anyone has some guidance for me that would be nice. Also anyone out there who is in a fix like me just have some comfort in knowing that I am going through this and I will have a bit of a unpleasant time signing on JSA and not being able to walk much because of Emphysema and Anjina so Heart out to all who are Suffering by me. Bye for now. Johnyhasgone.

18 Replies
oldestnewest

Hi do phone up for mandory consideration to get ball rolling.and then confirm it in writing that way they cannot say you never done it it .we always recommend phoneing and confirm in writing if nesscerserly.mr is 80 % failure the now .do not give them any new evidence or support letters if you can get those keep them for and at appeal where they will get read before you go in at APPEAL .phone also and register a complaint today about assesor try do this .finally as they are busy and there is cutbacks start and try to get an appointment with citizens advice soon or wellfair rights they are good as well to get them to represent you at appeal there is a high percentage success with help .good luck

1 like
Reply

Thanks for reply, the problem is I don't have Citizens Advice in my town so in past I was told I can't get much from them if I go to another neighboring town Citizens Advice. That's what they said. Can I do Mandatory Reconsideration on phone because yesterday I was told only to write. DWP told me this.All for now. Johnyhasgone.

1 like
Reply

Hi they are wrong another tactic with them phone again today and make this 2 complaints You can 100% do this over the phone .You can write and it is recommended to people write and recommended at cab at our hub we do opposite phone and get confirmed and write to only confirm if nessaccerrly you can do either .but we have seen cases where they say no letter received not a lot but does happen we recommend phone and write to only confirm.have you tryed the council for wellfair rights they are and sometimes better than cab .if not phone cab and ask wot you are meant to do to get someone..

1 like
Reply

Hi also anything you send please do recorded delivery

1 like
Reply

Hi there, any welfare rights office will help you with your application, are there any disability rights office near you, or local council/ housing offices may have welfare rights officers too. All the best

Reply

Hi there johnyhasgone

I'm waiting now for the answer to my reconsideration I ask them for over the phone.

I to was in the support group now they have put me in the work related group I had to go for an interview with a lady called Anne who was very nice when I got to the job center there was nobody signing on just me and two other women anyway the lady called me over I sat down and just started crying I can't stop I felt so soft and like a baby but the lady was very nice she seem to understand she told me that after reading my report she really didn't think I was going to turn up but was glad that I did.

She started tell me about the work focus group and what I had to do to stay in the group, about the meetings I'd have to attend to stay in the group, I just sat there looking at her I could hear what she was saying but it just wouldn't stay in my head in fact after the interview my daughter asked me what was said and I really for the life of me remember what was said.

That was the end of November I've not had to go to the work focus groups in fact I've had a text yesterday saying they would let me know there decision by the 29 jan.

I will let you know what happens I hope I've wrote this so you could understand it I'm not very good with words. Don't worry there's nothing you can do till you've had a mandortary reconsideration then tame it from there best wishes Janeanne.

3 likes
Reply

Morning Johnnie it makes for sad reading every time someone tells their story and they come up against this sort of problem, really sorry that you had to go through this as having fibro emphysema/angina is enough to deal with. I can see Ajay has been helpful in replying today . I will post this link to see if this helps you there is a helpline to ring . take care of yourself yasmintina xx healthunlocked.com/fibromya... also if you would like to lock your posts here's the link also as members normally respond more if it's only open to our community xx healthunlocked.com/fibromya...

1 like
Reply

Hi sorry to hear that you are going through a tough time the assessor at my medical lied on the report I was fuming I put in for a mr and got turned down for that as well and now im appealing I also sign on at the job centre I actually went today and because I can't get into see a dr until the week after next and I need some sort of income so until I get my sick note I have to stay on j.s.a and it sucks big time I only live literally two minutes away from the job centre and it has left me in so much pain after hobbling down there and today my work advisor told me that I have to do work experience starting in February for 24, hours a week or have my money sanctioned for three months hopefully by the time I have to sign on again I should have my sick note I really do feel for you its stressing me out so much keep going though my lovely don't give up that's what the d.w.p want you to do good luck 😊 x

2 likes
Reply

Thanks Angiexx I suppose it will take a month or so to get reply to Mandatory Recon or should I say decision. I'm going to phone to get it done by phone, as I posted Mandatory in writing this morning. Yesterday on the phone they said I could only do it in writing. Anyway when I call them in 10 minutes or so I will also ask for Assessors Medical Report and Statement of Decision. Anyway good wishes and you should get back on Appeal ESA very soon. And hopefully I will follow in a month or so. Bye for now. Johnyhasgone.

3 likes
Reply

Hi

You need to go over report in detail

Make notes and number them of any inconsistence's

State what's on report and what actually happened

Gather medical evidence

I know previously you had a letter from GP to say you where not fit to work but unfortunately that carries no weight for ESA .

Can take a long time to go to appeal

good luck

3 likes
Reply

i found while my doctors will issue me with a sick note for 3 months at a time on going they will not get involved with the dwp. as we are the ones who have to prove how unwell we are it is very difficult when gps and mental health services all shy away from getting involved. it all makes you seriously ill . it broke my sprit

Reply

So sorry to read your post. I would always write in so they can't say you didn't request one. Unfortunately, you will probably end up having to go to a tribunal but hope you don't. Highlight all the inconsistences on their report. It is always best to ask for it to be recorded as it tends to keep them more honest. Hope you have a successful outcome.x

2 likes
Reply

Thanks for reply. I was told by DWP that while I'm on JSA I can go on Extended Period of Sickness for maximum of 13 weeks but it seems a bit of a tricky one I can go on to it after my first JSA payment. While I'm waiting for Mandatory Reconsideration but if on this I can't go on ESA Appeal mode, unless I think you wait till the 13 weeks sick note has finished then go back to ESA Appeal mode. I'm not sure and thinking may be I'm best to wait till Appeal get in touch with me to say there recognizing my App for Appeal then go on ESA appeal mode like I have done before. Rather than the Extended Period of Sickness and gain a little by being sick a little sooner but not knowing if I could get caught out in some technical thing. Anyway I have a week or so to decide and I have made complaint about the HC worker who done my Assessment not that its going to get anything done about him or to save me being stitched up because now he made those statements about me I have to convince the Appeal Court but at the end of the day I say there more than lightly going to believe him being of that official type. Anyway enough for now, if you know about the Extended Period of Sickness please let me know. Thanks again Rose wine.

1 like
Reply

Sorry can't help with the extended period of sickness as when I helped OH with is ESA appeals things were different. We did actually have an apology from the Appeal Judge at tribunal who changed my OHs score from zero to 18. Unfortunately as his ESA was contribution based and he had been on it for over 12 months he won his appeal but the government changed the rule whereby in contribution based you could only be on for 12 months he was mad as a box of frogs after all that angst but did at least get the back pay.

I know these assessor's are out under pressure to fail a percentage of applicant's and it means perfectly genuine and innocent people like yourself get the wrong decision. To have said he had done a physical exam and he didn't is really naughty. I know with mine the assessor asked me to get in a table which was pushed against walls in two sides with no step to get up and it was on high kegs and I would have had to get off in a side I was in excruiting pain with. I told her I would have a go but would probably need help with getting off it. She told me not to bother and then said I had refused to get on so you have my utmost sympathy.

Let us know how you get on fingers crossed for you.x

1 like
Reply

There is a wonderful site on Facebook : ESA/DLA/PIP advice and support - sorry if I am telling you something you already know about. I submitted a Mandatory Reconsideration after being turned down initially and I got my MP involved. However, I was only awarded standard living and didn't want to run the risk of losing my back pay. What was really unbelievable was scoring ZERO in the mobility section even though I use a stick at all times. My Local Authority awarded me a blue badge without having to attend a medical - the original F2F assessment was carried out by an inept Occupational Therapist who unbelievably disagreed with my Consultant Neurologist (tremor).

1 like
Reply

I was in the support group for years, I had an assessment, was awarded zero points as a result of a dishonest, fabricated report that ignored all past and current medical evidence, and shoved me into the work group on regulation 29. (Ive not long been to tribunal for PIP and won with points for standard and mobility, yet ESA claim I have no functional or mobility issues).

As soon as I said I was going to MR appeal the ESA decision I was told I did not need to attend the job centre interviews until the MR decision is made. Please ask about this for your case.

I think you should be wary of JSA as won't this mean you lose the £30 a week that the support group afforded until the rules changed (if you were in receipt of it before the rules changed)?

It is worth getting your MP involved regarding complaints, but they are not allowed to be involved in the appeal and decision process.

Please ask for a copy of the assessors medical report and the 'statement of decision'.

Reply

Because of the lies on my pip assessment for my appeal I've asked DIAL to come with me I'm not sure what area your in but CAB would put you in touch with a disability worker advisor /rep and you could ask if they could support you. Good luck and I even got them to admit they had lied and I'm still waiting to go to appeal grrrrrrr hope they record there calls.

Reply

I don't have much hope about getting the lies straightened out but there are cameras in the examination rooms. Well definitely in the room I was in, but even if the info is still on storage they will not show and admit because that will stain there supposed trust as a government. I have made complaint and asked about the camera. Anyway Thanks for ur message and help. Johnny.

Reply

You may also like...