hI, I have failed my esa assessment and asked for... - LUPUS UK

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hI, I have failed my esa assessment and asked for a reconsiderstion.

maryjanet profile image
18 Replies

I had support letters from my GP and my specialist and they have still failed me and are sending my case to tribunal. I am very worried about this and have suffered from Lupus for over 30 years now!

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maryjanet profile image
maryjanet
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18 Replies
pattismith profile image
pattismith

Did they tell you how many points you scored . Get onto the CAB, they will help you with your appeal, do you get Disability Allowance? What reasons did you state for being unable to work, you have to tell them of your worst days, not the ones when your not as bad. Whens your appeal date ?

maryjanet profile image
maryjanet in reply topattismith

Hi Patti,

I went to the cab but they weren't much help! I sorted all my forms out myself and sent off letters of support from my GP an specialist. I was told on Friday that the decision would not be overturned and that they would send my appeal to tribunal!

I scored 0 points (that was due to the assessment nurse who lied and twisted my words on the day, I have since complained about the assessment and the nurse to Atos)

pattismith profile image
pattismith

I had a wonderful gentleman from the CAB come and visit me at the house, perhaps try again and insist you need their help from somebody at CAB that specializes with appeals , l was lucky maybe, my nurse understood all about my medical condition and all my medication , you really need to insist you get help hun.

maryjanet profile image
maryjanet in reply topattismith

As I said the cab were not much help and she told me that they could not assist me if i were sent to tribunal. I have emailed the local welfare people and i think i will give them a call tomorrow and ask if they can help me! I feel so down over this ordeal. I am a very private person and have never asked friends or relatives to help me, My husband, bless him, is the only person I rely on. I hope that I don't have to face this tribunal alone!

pattismith profile image
pattismith

You shouldn't have to do it on your own, l wouldn't of known what to do without help, its a minefield and we have to know how to give the right answers, its wrong that one branch of the CAB can go out of there way to help, but the one near you seem a little incompetent , be strong don't give up , you need to get what your entitled to if you are unfit for work due to an illness, Lupus UK gave me a package of information about Lupus and a letter off them to take with me for my assessment.

Lupo30 profile image
Lupo30

Hi

Even if you get ESA, depending on what your husband earns you may only get it for 12 months. This system is terrible and unfortunately the sick are suffering. The media has been highlighting this on the news this morning with regards to disability living allowance. A few people have managed to get into the support group for ESA, which means that it is not means tested and you are unlikely to make a recovery and be able to go to work, but they are very few. I am also going to a tribunal but the waiting list is very long. You are not alone and please don't give up. I am having to do this on my own also. I've written to my local MP and have got nowhere. Unfortunately, the government has to make cuts and the sick are suffering. If only they realised that if we were able to work, we would gladly go out to work and most of us have worked for years before getting ill. What have we paid into this system for? Don't give up.

maryjanet profile image
maryjanet in reply toLupo30

I received my correspondence back from the dwp today and they are still siding with what the atos nurse said ( and it was lies and I have put in a complaint about her) I guess I will have to go through all the paper work again and send it off to tribunal!

maryjanet profile image
maryjanet in reply toLupo30

I totally agree with all you say, I worked for years before my specialist said if I wanted to live a longer life I had to stop working and look after me! The sad thing is that with Lupus there is no cure and we will only get worse, therefore we will not make a recovery and be able to get back to work! I am trying hard but it is so depressing when you are made to feel like a scrounger!!!!!

sandwiches profile image
sandwiches

when you appeal you must remember, if you are on benefits ,your money will be cut off. You have to go to your GP to get sick notes whilst you are appealing. I am still waiting for my decision from DWP. meanwhile i am getting into debt because i am trying to live on £71 per week, and also have to pay the bedroom tax. This government is the worst ever. They are targeting the wrong people. I Hope you have some luck with your appeal.

maryjanet profile image
maryjanet in reply tosandwiches

Hi

thank you for your support, I am lucky in a way I have my husband who works and supports me and although he doesn't have a good wage I do not claim any other benefit. I do have full support from my GP but even that was not enough for these clerical workers.

sandwiches profile image
sandwiches

I don't think you are a scrounger. Some people have to rely on benefits. We haven't all got a Husband or family member to look after us. I haven't got a family or husband to look after me. If it wasn't for the benefits i would of had it. I spent 10 years going in and out hospital because of having lupus. It's entitlement not scrounging. No one knows what is going to happen to us in the future. Be thankful for small mercies.

maryjanet profile image
maryjanet in reply tosandwiches

I totally agree but as my GP keeps telling me lupus is on the inside and when people look at me they see a normal person and I think that is what the Atos nurse saw when she deemed me fit for work even though my GP an specialist gave me their support!

Maureenpearl profile image
Maureenpearl

You should ask your local welfare officer to help and support you. You should ring your Civic center or (Council) and they will give you the number for the Welfare Rights officer also some social services have their own Welfare Rights Officer.

maryjanet profile image
maryjanet in reply toMaureenpearl

I was considering ringing the local council welfare office tomorrow now that I have received my correspondence back from the dwp. I am just reading all the report from the assessment and can't believe how everything I said was twisted and not reported as i said it!

Lupo30 profile image
Lupo30

Hi

Keep fighting! I just really would like to know, how a NURSE can overrule what a GP and specialist say, it's ridiculous! Yes, these nurses are occupationally trained (whatever use that is, as they don't seem to be helping anyone), but on their paperwork I'm sure they don't give out a list of jobs and employers that would be willing to employ people who are so ill. They are just doing their best to make their figures look good. Let us all know how you get on.

Lupo30

maryjanet profile image
maryjanet in reply toLupo30

I will let you know> I have been reading the letters from the dwp and I am astonished at what they say and are able to get away with! They have decided to put me in the WRAG under sec 29 of the guide lines, that is my health and mind would be at great risk if I was deemed fit for work!!!!!!! I am not the brightest spark but I would have thought that because of this reason they should have placed me in the support group!!!! but my opinion along with my GP and specialist have no preference over a NURSE and a group of CIVIL SERVANTS!!!!!!!!!!!

kittykat68 profile image
kittykat68

HI maryjanet, it has taken me 3 years and 3 tribuanals all of which i did WITHOUT CAB, if you email paul from lupus uk hes brill he will send you all the information and letters , i hhad 3 drs visit me at home (all atos) the first one was more converned with the size of my tv than my health, and i can understand when you say about civil servants, however i was one for 2 years many moons ago(lol) and we never made the rules its the government, if our government was more like say australia with regards to immigrants then this country wouldnt be in so much debt, i have seen with my own eyes the food vouchers that these ppl are given yes i feel for them , but hello i was born here and have worked full time for 28 years and in various periods of my working life have juggled 2 or 3 jobs when i wanted things in life , i have paid my nino and my tax for that period , when i was a civil servant you claimed benefit as you were claiming from you ni paid in the 2 years previous, if the goverment had controlled that purse strings a bit tighter we sufferers would not be put through this, also i did write to the dr in question (big tv)and asked for a copy of his report, i also have a copy of the DLA form that my dr at the time filled in and was disgusted and asked for a meeting with my dr as she answered unknown to walking abilities and various other questions, the practice manager was also in this meeting and i voiced my concerned and all she could say to that was we dont write notes on our computer system of ALL your visit to the gp, needless to say i insulted the pair of them and i changed drs, the next dr was great but i could never see him or if i specifically wanted to see him then i would have 2 sit in the surgery (with all sorts of germs/infections) for up to 2 hours and if i made the reception away of my autoimmune disease they moved me into what i can only call a broom cupboard on my own for 2 hours and then said they had forgot i was there so it was time for dr number 3 and my god its 3rd time lucky shes german and bloody fantastic sooo knowlegeable of lupus, i do really feel for you , at my drs surgery there is help im sorry i cant remember her title but shes like an occupational therapist she comes to you and completes the forms and even gets you the disability equiptment fitted in your home ie hand rails and perch chairs, i really hope i didnt go on 2 much and i hope i havent offended anyone but it really gets me when its ok for atos to say one lupie can have esa/dla but not another lupie x

maryjanet profile image
maryjanet in reply tokittykat68

I too was a civil servant for my sins, worked over 20 years before Lupus. I did get letters from my GP and Specialist at the Hospital but to no avail! They keep asking for evidence! HELLO!!!! What other evidence is there? Well I have sent off my submission to tribunal and I did get a lovely letter of support from Lupus UK and some leaflets about the illness but I got to be honest I am really, really worried about this!

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