i failed the medical assesment for esa, i was on income support, ive got my appeal hearing next month and was wondering what happen's at the hearing as im a bit worried about it all.....the reason im appealing is because im unable to work after suffering a tbi in 2008
is there anyone else on here failed the medical fo... - Headway
have youasked for help from the welfare rights at social work dept or from cab. If not and they ask what grounds you are appealing on, then the one most people use is unable to carry out tasks safetly repeatedly and reliably. You would need to say how your head injury affects you in short term memory, long term memory etc. The esa test asks if you can set an alarm clock, well i can but i would not remember to turn the alarm on, i use a timer for cooking but i still burn food because i dont always relate the buzzer going off to anything im supposed to be doing. My tiredness affects my concentration and i have outbursts of temper that i have little to no control over.
I was put into WRAG on swapping over from Incap benefit. It was contribution based tho so i only got it paid for 365 days.
the medicals are a game and a complete waste of time but one has to go or the stop all your benefits i was advised to act up and force the questions e.g one important question that wasnt asked in my first 3 medicals is how tired to you get or hown much pain are you in my case i get very tired and in a lot all the time at the medical i did what i was advised saying i was unable to do various things despite my requests for a chair with arms i got stuck and had to be helped out as for the appeal seek advice if its a form filling exercise but make out your situation far worse if still no joy then see your mp or go to the press ho with all the crap atos getting recently another story of incompetence will be received good luck neil
and this is what i hate about our benefits system
I am not good at lying luckily i have a physical disability as well as my brain injury (i know its a bit odd describing it as lucky lol)
but i sailed through my claim from incap to esa no medical or anything,
why should we have to lie or exaggerate, surely the professionals assessing us should be trained enough to know that there are good times and bad times
I've just been refused Esa because my working tax credit hadn't stopped I didn't know I had to stop it as every time I tried to get help from th more on filling the form or answering a question they kept telling me the couldn't help me over the phone! It was a nightmare u can't even go to the job Centre for help! Have u applied for dla? Ur entitled to that aswell as Esa
look it is a system designed and implimented to catch out the fraudsters judging by the press it not doing the job well today's daily mail mum of 11 purpose built 6 bed house and stable for horse all paid for exhasperating as it is no use getting angry any threats and violence will end up with 2 things the cops and stop of benefits play the system bite ones lip fill in the forms attend the medicals tick the boxes
Hi Pawlin82 how did you get on with your ESA assment? i have just come back from appointment with lovley lady who is going to help me sort out all my ESA appeal.... I NEVER HAD A MEDICAL even though they say i attended one and even gave me the date I Attended And am now fit to work! BUT they dont know i keep a journal since my accident to help my memory problems! and that day was thick snow every where and nobody went anywhere!!! .GOTCHA!!! I also have a lovely O.T. who is getting a Consultants letter for me to help with appeal. and she might even photocopy my journal Hope it all worked out for you
If you appealed you should still be getting the ESA, I had a medical and they awarded me no points as I said I get up and try to do the hovering they judged that as I can walk from one room to the other I can therefore walk 200 metres and be employed. I appealed against it, and asked people from the brain injury clinic that I attended to send a report to them, did the same with my pain consultant, which they did do. Appeal came back and I had won it, I was awarded 15 points 9 for mobility, as I have to use a stick and can only walk 30 yards before I have to stop, and I use my partner for balance and six as I cant sit in a chair straight and have to keep moving etc. through a back injury sustained at work since the head injury. Although what the 15 points mean I don't know. I would recommend you go and see any physio`s who know your case history or doctors, and either get them to send you a letter describing what is wrong with you, or one containing their professional opinion as to what the likely outcome of you working would be , i.e. further damage etc.
The staff who make these decisions are not medically trained nor do they have medical advice when making them, so if you said you can walk ten yards etc. they will not see that you can only walk ten yards then have to stop due to fatigue, most if not all head injury patients suffer fatigue as the brain tries to repair, you may not, but it is well known that head injuries are associated with fatigue. you need to sit and think and write down what problems you have, cognitive as well as physical. returning to work is not just about going in and clocking in, you have to have a mental awareness about health and safety and an awareness where you don't put yourself or work colleagues in danger.
I failed my medical when I was unwell in 2009, my hearing was 4 days after I was discharged from hospital following an operation to remove a brain tumour. I sat before an independent G.P. and a barrister, neither was involved with the DWP apart from being asked to sit on the board. Needless to say I won my case and benefits where re-instated at the full rate.
I recently have had to go through it all again, again I scored 0 points out of 15, the difference is now, the DWP do not pay an interim payment of benefit whilst your awaiting a Mandatory reconsideration. So I'm at my wit's end.
The Appeal itself is nothing to worry about, your allowed someone to come in with you, write everything down prior to the meeting if you struggle to remember things. They ask very simple questions which do warrant one word answer's, but don't feel you have to, tell them everything no matter how insignificant.