Mental Health.: Re appeal ESA. I have... - Fibromyalgia Acti...

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Mental Health.

Tupney profile image
8 Replies

Re appeal ESA. I have been told due to visit to my advisor last week that due to revised ESA50 forms. I do not fit the criteria for DLA and that neither did I fit the criteria on mental health grounds. In fact he then said The way the new forms have been worded " No one with a Mental Health Problem in this Country will ever be Employed again. I am now in the sad position of living with relatives short term, money in bank being spent fast on lodgings food and storage of belongings from three bedroom house, no support group to get back into work, no ESA or JSA as am signed off unfit.

Felt it important to let you all know, This will affect all of us in our community. I now have 9yrs before I reach my pension age and am appalled at the way my own Country has treated me.

(( Soft Hugs To All ))

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Tupney profile image
Tupney
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8 Replies
tettridge profile image
tettridge

Hi

Just a stupid question really but do you not have arthritis or any other problems that are associated with fibre and put these ailments down as the primary reasons for being off ill?

I have not actually been formally diagnosed with fibre and after reading the posts on here `I am glad that I only have - Osteoarthritis, Spinal Compression, Cervical sponndylosis etc. as they are more likely to be believed than people with Fibro as what I am reading of people with conditions who are in a really bad way and being denied any state help.

Sometimes I wonder what country I live in,, then I realise we are in the country that can give our immigrants loads but our own in dependence we give noting. So Sad

I had to give up a job I absolutely loved (Twice) due to the condition of this body not doing as it is being told to by me and to come off two jobs that pay in excess of £30,000.00 to go onto government benefits I suppose they think I have some secret plan that is going to bankrupt the country,

Anyway keep well and Kindest regards

Terry Ettridge

I know how you feel I have fibo and curve in my spine but I can not get a penny it is all very wrong hugs to all xxx

Allpainedout profile image
Allpainedout

Hi tettridge , your words are so true !!! I worked for 30 yrs then fibro struck ! I've also all the illnesses you mentioned ! I've had to struggle to get dla going through an appeal which made me feel terrible. I came away in tears and completely exhausted !! But I was the lucky one as the appeal panel understood my problems and told my husband to take me home and try to make me comfortable ,!! I cried all the way home yet I was happy because I was believed !!! Now the ESA suddenly don't !!!! And when I get to appeal I will be telling them that they are basicllly calling a panel of drs, social workers ,and someone from d.w.p liars !!! so how can they say that now I can be helped back into work ????????

I'm worse now then the original appeal !! I've carpel tunnel and my hands hurt so bad ! It's painfully to type my fingers are like balloons !!! But I feel so strongly about this !!!

Why don't they start by interviewing the people between age20 to40 that have NEVER WORKED IN THIER LIVES ,,, not people like ourselves that have given up good paying jobs to have apitence !!!! I can't claim anything for the house just for me so how am I ever going to get rich ?????? I use my money on help to clean and iron and my d.l.a. For a car that I can easily get in and out of !!! I wouldn't go out otherwise !!!!

They pick on the defensless to reduce the numbers claiming , when the scrongers have the energy to fight to keep THIER money !!!!!!!! I agree that if you can work you should! but I

don't understand how intelligent people in government can honestly think this new system is fair ???? I would do anything to be able to work that's not going to happen ever !! Lets hope a fair system will come from this disaster !! I think it's going to crash soon lets pray for that !!!!!!!!! Take care out there xxx

allyson2663 profile image
allyson2663

hi all i too have been told my esa will stop in 6 months and at my whits end dont know how im going to work,cant leave the house without someone to help me in continous pain this is so degrading

xx

Lima6MCT profile image
Lima6MCT in reply to allyson2663

Are you on Contributions based ESA at the moment? You may be able to apply for the means tested Income based ESA but it will depend on what finances are coming into your household. My husband was awarded ESA (I) but because he has a pension from the Royal Marines he get over £60 taken off it each week which is rather a blow to our finances each month.

Lima6MCT profile image
Lima6MCT

"Re appeal ESA. I have been told due to visit to my advisor last week that due to revised ESA50 forms. I do not fit the criteria for DLA and that neither did I fit the criteria on mental health grounds. In fact he then said The way the new forms have been worded " No one with a Mental Health Problem in this Country will ever be Employed again."

Not sure why your advisor would tell you that due to revised ESA50 forms you don't fit the criteria for DLA - the two are totally different benefits. I certainly don't understand his comment that no-one with MH problems will ever be employed again - especially when the WCA is specifically designed to get people off benefits by whatever means possible.

The change that's been made to ESA is that previously if you had both a physical illness or disability and a Mental Health problem they would both be assessed as a whole but now only one will be taken into account regardless of how one impacts on the other. If you are taking medication for a physical illness/disability that affects your cognitive function ie makes you sleepy, causes forgetfulness etc then those side effects wouldn't be taken into account.

I found this information:

"Changes that affect all claims decided on or after 28th January 2013 include changes relating to:

the rules about claimants receiving chemotherapy or radiotherapy treatment for cancer – it will now be easier for these claimants to get into the support group;

The substantial risk rules – any reasonable adjustments that could be made by employers to reduce the risk and the potentially helpful effects of any prescribed medication the claimant fails to take can now be considered;

The rules relating to aids and appliances – those that the claimant could reasonably be expected to use will be taken into account, not just ones that the claimant normally uses;

There is now a stipulation that only a claimant with a physical condition can satisfy the physical descriptors and only a claimant with a mental health condition can satisfy the mental descriptors, this also applies to the effects of medication."

Once again the DWP/ATOS are putting a lot of emphasis on assumptions and imagination. They are assuming that employers will be willing to make reasonable adjustments & assuming that the imaginary medication, aid or appliance is suitable for the claimant.

Check with Admin as I believe they have access to the Benefit and Works website which now has information about the changes to the assessments that have just come into and also to the appeals system which comes into force in April.

Tupney profile image
Tupney in reply to Lima6MCT

Hi All , Soz. Should have made it clear that I was referring to my ESA Appeal.

secretldy profile image
secretldy

i was lucky, my appeal was dealt with in december and i got the support section. the lady at the job centre helpped me so much. so if you are awaiting to hear about an appeal, try and get the job centre to help you

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