Failed ESA

Can not believe it i get the dreaded phone call from the assessment bearing in mind I'm in constant pain I can't drive my car anymore because it is a manual and I have to rely on people to get me to my appointments. They say they think I am capable to go to work , it's totally ridiculous. I have asked for a copy of the assessment to be sent . My ESA payments have been stopped so I will be appealing. I was told to apply for jobs seekers allowance while my appeal is going through.

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  • Bstards

    x

  • That's one way of saying it lmao.

  • I'm sorry to hear that they have stopped your benefits, they give a flying @@@@!!!!! About pains that people suffer 24/7 with most of us.

    Have you phoned to ask them to look at it again? And once you do that it will open the door through to the appeal system. Maybe go see C.A.B. and they will help through the rest of it.

    Best of look.

    Philip

  • Yes I've told told them I don't agree with their decision they are sending me info and what to do from here .

  • The ESA assessment may be right. You are capable to go to work. However, are you capable of meeting the demands of an employer and remain in employment? Are you safe in a work environment?

    You need to find an volunteer agency who specialise in benefit law. You need to find out what the current case law is and how that fits your situation.

    Law is complex. You have to present your case according to what the law says.

  • Try and get some evidence and write out how your issues make you unable to work i.e. Unsafe in the work place. Good luck x

  • if you cant drive how on earth are you supposed to get to work?

    the entire assesment situation is crazy its been designed to force people to file appeals all so it saves gov a few months of paying you benefits

  • u are so right about their strategy and what makes it so much worse is that many of us paid out a small fortune in National Insurance contributions when we were working which probably totally exceed any benefit payments so we've already paid into the "system" and its not as if we had any choice about stopping work is it?!!

  • think I chatted to your before,and unfortunately I sympathize with your outlook,I to am waiting a for a response from atos/Dwp,and I know I will have the same response,I've already got my head in the right place to lodge an appeal,and that's now where you need to be,this becomes more personal and your own private battle and focus on getting the right help within your local welfare unit,try and find out who's good at getting a decision overturned,as then the law also comes into the decision at the appeals process,yes a bloody nightmare situation,my health issues haven't disappeared and now sweating on something else that's growing on my adrenal glands,don't really know much what they do,along with long term peripheral neuropathy and cluster headaches I to don't really need this on my plate,so be strong and don't get to fed up,with the right help hopefully in a few weeks things might not seem so desperate and don't give up,regardless.

  • benefit applications are total nightmare these days as they giving less and less time for people to get their "evidence" together, let alone the stress of an appeal, altho to cheer u up hopefully but cant predict anything, at least the appeal is an "independent body" of three people, one of who has to be a non dwp doctor!!. mine went to appeal, altho DLA and was awarded to me without even having to put a case and they actually apologised for having to drag me in there. Whats so wrong is its hard enough just surviving all the different illnesses u obviously have to, and no one in "their right mind" would even put in a claim if they had any other choice.

    My heart goes out to u and hope that if theres any justice in this world u dont get any more grief.

  • Very sorry to hear you've been turned down for ESA. Definitely ask them to send you a copy of the medical report they used to inform their decision. It may be worth while making a Dr appointment and asking your doctor to write you a supporting letter (some doctors will charge as this is not a standard NHS letter). Making an appointment will allow you to tell your doctor some of the challenges you are facing and (in your own words) how work is currently impossible for you. If you have a copy of your ESA application, you could give a copy to your doctor and they'll add it to your notes and will see if when they write a supporting letter or when the DWP contact them.

  • I did receive a copy of the report and can not believe that thevery answers I gave wasn't on the report. How can they do that I mean what is the point of going through all that and they don't listen it is so wrong. I'm really angry about it x

  • unfortunately not only do they not listen or read what u have probably exhausted yourself trying to write and get together but there are those from the welfare rights organisations in my area who are cynical but experienced in applications who say that unlike DLA where u did get some fair consideration some of those applying for PIP especially for the first time are getting caught up in unofficial government financial planning to try and keep the number of awards down and also at as low a rate as possible

    ironically nearly everyone i know worked fulltime and paid full National Insurance Contributions when doing so and only stopped work cos they were either too physically ill to continue or had too many sick days off for their employers to be able to keep them on.

    Sadly theres no real rhyme of reason to their decision making either but altho lots of extra paperwork if u can get someone from the CAB or similar organisation to help u with it its also worth appealing any unfair decision and often u will get it reversed on appeal altho it can take months to be heard

  • Thank you I am appealing and will be going to cab for help .

  • Good luck and hope it goes well, but its so frustrating when we all know we're more than entitled to it and i bet like me u worked til u too exhausted continue so paid loads of National Insurance contributions which would more than cover our ESA payout

  • pigs.

  • Sorry to hear this. I'm on my 15th week of ssp and worried my symptoms won't allow me to return back to work. Hearing things like this makes it worrying. Hope you get something sorted. I would also recommend your local cab office. Good luck xx

  • All I can say Littlemole43 is a much worse word than Patons Wichita was "Bastards".

    We have no choice but to advocate for ourselves. We have a choice not to be treated with the cruel disrespect and indignities that some "White Coat Assholes" treat us. Yes they are Doctors. THE DESERVE RESPECT ONLY WHEN WE RECEIVE RESPECT. RESPECT IS A TWO WAY STREET, EVERYONE COIN HAS TWO SIDES. WE'RE ALL HUMAN AND NO "WHITE COAT" DESERVES ANTHING IF KIND AND RESPECTFUL PATIENT/DOCTOR RELATIONSHIPS ARE

    UNEQUAL.

  • Hi Iv been through exactly the same thing recently all the stress raise my pain levels I was so ill my stomach was constantly hurting ended up in A n E twice and they wanted to admit me to control my pain. This went on for 12 horrific weeks in between that I had one visit too the jobcentre where I nearly passed out it was just so unrealistic what they wanted from me job wise. I put in a sicknote immediately while I appealed there decision on my benefits unfortunately and stupidly you can't but a sicknote in with the health conditions you suffer from it must be a new one but as I was so ill I was under investigation with the hospital about my stomach. I sat an wrote a very long letter of my day and how I manage to get through it I won't bore you all with that as I can imagine we all on here has similar days living with pain. Anyway end of story I won my appeal I am currently recovering from my recent decompression surgery on my spine. Which iv been told won't improve my back pain an maybe my leg an mobility. My life won't change drastically in any way. But I will be reviewed in a year again to see if I can keep my benefits why do they not understand when you tell them this is your life now there is no quick fix too your health conditions an pain we go through daily. But I suppose to them it's all just numbesr and all there intreasted in is getting people back too work. Good luck to you sorting yours fingers crossed it goes well.x

  • Hello Littlemole43..I'm so sorry you find yourself in this horrible situation..really feel for you. I've been through this myself but was a few years ago now.. and it's just awful. I won't go into it all, as still now, it sets off dreadful anxiety!! I had help from my local Welfare Rights office who were fantastic and attended my appeal hearing with me. Would highly recommend getting in touch with them. There's also a site called Benefits and Work that I've come across but not actually used, they seem to be able to give advice..not sure if it's free or not..? By the way..I remained on ESA whilst waiting over a year for my appeal hearing...my doctor kept signing me off as unfit for work.. I had to send in copies of my sick note to the DSS..and had to go in to the job centre every so often..don't know if that's helpful or relevant..like I say, was a few years ago for me now. Take care of yourself and try to keep your chin up and carry on with life..because it is still carrying on. I remember feeling like I was in a bubble and that situation was all I could focus on..meanwhile life was passing by and my anxiety got worse and worse. Keeping your mind occupied, even if you can't do much physically really does help. Sending hugs and wishing you well..x

  • Thank you Boohoobearbearkins you are very kind thank you for sharing this with me . X

  • Pain on it's own is not a reason to be off work, you have to have a reason for that pain, car accident, fall at work, or injuries or illness . Remember if you can drive a car for more then 9 minutes they will state you are mobile .

    How many points did they give you, in this game points are so important, I was rejected after getting 40 points , but I won my reconsideration due to the points I had won, considering you only need twelve .

    What will happen now is that because you have appealed it will now go to a reconsideration by the DWP then if they think you have a good chance at winning you will be told it's over turned, if not they will send it to appeal .

    But if your going to appeal you need to take advice from the CAB they will tell you what evidence you will need to win this, but pain alone is highly unlikely to be taken as a reason to be off work what is causing it, and if you h take power pain killers they will state that is fine then your in control. Remember all the appeal will do is look at the evidence they will not over turn this report without you showing them why it should be

  • I can hardly walk due to 2 operations on my hip and leg I can't drive my car anymore I have to rely on family to take me to appointments I'm on morphine there for can't operate any machinery I fall asleep because of all the medication. They have put down things that I can do when I told them I can't they have not put down what I told them

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