ESA disaster.. Please help..

[Silvermyst]

Hi All

I have not been on here for a while but was hoping for a little advice from those of you that have been through the process of appealing your ESA decision please.

I am aghast that with all of the conditions that I have I was considered to be fit to return to work, scoring 0 out of 15 points in my assessment. I had a phone call last Wednesday to tell me this and that my ESA was stopping with immediate effect. The lady said that I would have to make a claim for JSA and that this should not have too much of an impact on how much we get, that I should have received a payment on Monday and that there would be a 1 day arrears payment.

I rang JSA to apply and have an appointment on Tuesday morning to see them. But again was even more upset to find that the last payment on Monday never arrived so we are now officially broke and will be getting into debt as a result of this. Can they even do this??? Cancel your payments before even telling you that you were unsuccessful??

I also got the report back from the assessment and a lot of what I told the lady had been conveniently missed out. Yes I can lift an arm above my head BUT it is extremely painful and I avoid doing so because of that... Yes I can wash a few dishes, for a couple of mins, then I am in pain and have to sit down or even rest afterwards. Yes I can drive my car for very short periods, BUT I find this extremely stressful and exhausting... No mention of that anywhere...

I am now struggling to cope physically and emotionally, I intend to request a mandatory reconsideration, am going to see my MP, Welfare Rights, ask my physio for a report and my gp. I am going to ring them tomorrow and find out how they can stop payments without telling you, but I don't know who to ring... I take it would be JSA? I am horrified to find that as a result of this we are going to be £250 a month worse off, we cannot afford this, also will no longer qualify for dental care etc. So all that I was told was bull... Lies designed to pacify me and get me off the phone. I intend to request a postscript of this call by the way...

I would really appreciate any help anyone could offer. At this time I feel like running away. I just can't cope with it all.

Thanks

Sam x

[tired18]

Hi, if you are able to, their is a website called Benefits and Work. Their material is excellent, it will guide you through the appeals process.

Their is also a site you can try through Facebook, I think it's called Fight Back, I've never used this one but have heard good reviews.

Your local CAB , should help you as well

It's terrible the way these medical assessments are done with so many inaccuracies. If you ask for a copy of the report, and the full name of the assessor. Pointing out that you intend to report the individual if you consider the report to be falsified and totally inaccurate

Good luck

[Silvermyst in reply to tired18]

Thank you so much for your reply. I guess people are tired of hearing about these things, but when you are actually going through it is a nightmare. I will request the name of the assessor as I really do not feel that her assessment was a true reflection of the appointment. She even said that I showed no evidence of mental health problems as I did not cry!!!! Unbelievable. I have contacted Fightback and had some information from them, don't feel quite so alone now. Really appreciate your response. Thank you x

[clarelicastri]

Hi you need to appeal

[georgie63]

Hi,

For your appeal try to gather as much medical evidence as you can from your gp and any consultant letters from hospitals, even appointment letters so it proves as much as possible.

Like the comment said above, try to go to benefitsandwork website and there are guides on there for help with appealing, failing that go to your citizens advice bureau.

But also write a letter and tell them everything you can't do. Not what you can. Imagine your worst day of pain and describe that as your every day to them telling them how difficult it is holding your arm up, you can't wash up as it wears you out etc and write down that all of this is stress you don't need on top of your condition you have.

Writing all that down you've got a good chunk ready to send of as your appeal. Don't forget to include all the copies of your medical letters too.

I truly hope this helps and good luck.

Xxx

[Christof]

Echo Georgia's comments. Get as much evidence from specialists/gp's to support your appeal. Also review the report - it should reflect your capabilities on your worst days, not on the one good day you might have once in a blue moon. Get your local cab to support. They have experience in framing letters for appeals and know the system. Finslly, get your MP on the case, we complain about them,but they do fight your corner in cases like this.