Brother has learning difficulties and has been transferred from IB to contributions based ESA with out medical and prognosis of 24mnths. Is it worth appealing

Hi I`m new to this forum and a novice with computers in general. My problem is I failed my atos medical and I am not sure what to do next. In January I had to cope with some difficult problems which left me very stressed and anxious and eventually feeling depressed. It took several visits to my doctor to get some help from counceling. I have had 4 cbt sessions so far and don`t know if this self help thing is working for me. I received 0 points for my medical, the whole experience was very stressful and on hind sight I felt like she put words in my mouth and prompted me to agree with what she was saying, hence the 0 points. When I got the result this morning I have not stopped crying, I can`t imagine having to go the job centre never mind actually working at the moment. I get very stressed and anxious just thinking about going to my cbt sessions. Should I appeal this decision and how do you go about it. I would appreciate any advice from anyone as I don`t have anyone I can talk to.

We've had a new young flatmate for the last two months. She spends the whole day sitting in the common room (tv room + kitchen) dry-coughing and spreading potential germs around, not to mention the annoyance of somebody coughing in your face. She doesn't appear to work or study and is not getting any better. She's from the old Europe block and is not registered to a GP and no medical insurance. In other words she can't be bothered with seeking assistance and clearly not in a condition to take care of herself. As she is not registered and she doesn't want to, we have volunteered to escort her to one of these GP-led walk-in centres where she can be visited by a proper doctor. She is not refusing in principle but she's been making all sort of excuses. We've spoken to the landlord but he has only come out with empty promises and no action. He doesn't live with us so he can't be bothered. I am not sure if calling the NHS Direct would make any sense. My personal experience with NHS Direct has often revealed to be a waste of time. I wonder if we have any legal route that we can follow. Thank you for your time.

Hi, I was informed on Monday that I had failed my Atos medical which was no big surprise considering all they were interested in was if I could use my arms! My symptoms are: M.E. (Chronic Fatigue Syndrome) Arthritis of the spine Sciatica Chronic back pain Depression (caused by my conditions) Deaf - in both ears with a loss of over 50% hearing. I kept working until May 2012 but eventually it all become to much and I had to stop work, all I get is £71 per week with a family of 4 to feed and a mortgage to pay, so I would sooner be working as I cannot afford to be on benefit but I have been looking for work but just cannot find anything suitable with all my conditions. The person on the telephone wanted to pass me onto someone to claim JSA but as stated before what can I do work wise so I told him I want to appeal and I am still waiting for the documents to arrive. Can anyone point me in the right direction of what I should read before filling in the appeal forms? Thank you for reading this.

Hi,new to this site,got esa medical in 2 weeks time,,need advise regarding asking for a recorded medical,I am 59 ,male ex miner,have been unable to work since 1992 due to accident in the mines.have been on invalidity,incapacity since then,I have been accessed at 50% industrial disability,back problems,miner beat knee & Pneumoconiosis, by DWP for life, just had right hip replaced .any advise would be appreciated

Hi, I have been on incapacity benefit since 2005, never was called to a medical as the notes from my doctor was enough. I was called in 2 weeks ago after filling out a form for an ESA medical, which i failed 0 points. I will be appealing against this, as i am not fit for work, several health problems, graves disease, broke my back a few years back, and just before the medical i was diagnosed with diabetes, which at the moment is untreated until the hospital determine which type i am, in the meantime, i am livivng with the symtoms which include feeling sick fuzzy head, blurred vision, as well as the problems that my other health problems cause me day to day. As i stated at the start i have claimed incapacity since 2005, which i got £150 a week this was also money for my husband as it was a joint claim that i had Incapacity/income support. On phoning ESA, for an appeal form they told me i would get the basic rate of £71.00 a week until the appeal is heard, however am i not entitled to the rate for a couple?, i did try an get the info from the person i spoke to, however she just reapeated that i would get £71.00 as i was the claiment and not my husband. I really think this government is trying its best to take what little people like me do have, as i also got a letter from the council today telling me because i have 2 spare rooms i will now have to pay £80. out of my own pocket per month. Can anyone please advise me if i am entitled to the couples rate.

hi i need some advice: ive had parkinsons for 13 years now and have been on a 3 year renewal on my driving licence.Last july i sent off my renewal as usual and heard nothing but 3 letters over the next 8 months saying they were dealing with and i could continue driving.Then last week i got a letter saying they had revoked my licence on medical grounds. I rang the dvla and they say it was revoked because of a report they received from my consultant,i asked for a copy and they said i have t write in (ive done this).I also made an appointment to see my consultant who hasnt seen me for ten years!! its allways a nurse specialist i see. when i turned up for the appointment he wasnt there:-x and i saw one of his minons who couldnt find a copy of his report and tried to fob me off when i demanded a copy. my parkinsons has never affected my driving and i ha ve 9 years no claims how can the consultant recommend i dont drive when he hasnt seen me for 10 yrs. ive had a look at the dvla medical requirements and as a far as im concerned i meet them. i live in a very rural area the nearest shop is 6 miles and theres no public transport.without my dl i would have to move house. i dont know what to do next. sar sent to nhs and dvla

I have council tax arrears, amount is in dispute as some of them relate to a time when I was made redundant and had claimed council tax benefit for a few months. I now have a job however I have been harrassed by Jacobs bailiffs, one pulled up in van outside my home at 6:30 left the engine running for ages and then posted a letter through my door. Last week I had a frantic call from my son while I was at work -they had put a letter with the amount I owe in large red writing, with no envelope. I have written and complained and asked that they send the debt back to the council, I have quoted their responsibility towards vulnerable clients- I have heart valve problems. I have had a letter from them saying that they want to see a note from my doctor confirming my medical details. Are these clowns entitled to see such sensitive information about my medical history? I feel very anxious and depressed and to be honest I am finding it difficult to concentrate at work, as I am worrying about them being at my house. Can anyone help or suggest a template letter? Thanks you

I am very unhappy with the way I've been treated by DVLA. I had an incident in September 2012 where I fainted whilst driving on the job (bus) due to lack of food intake and overworked hours. No police citation was given, and no one was hurt. I was immediately taken to hospital and seen by a physician but by that time all signs were back to normal. It was explained that I had suffered a hypoglycaemic episode, also called a vasovagal collapse. I had not eaten that day and had been working excessive hours, and it was determined that this was the cause of the blackout. After taking some time off work SSP, then getting a medical clearance from my GP and from our company OHS doctor, I went back to work and drove for 3 months without incident. Then in January I received a letter from DVLA advising me to surrender my car license for 6 months and bus license for 12 months because of information received from my GP that the blackout was "unexplained". Apparently she had not mentioned anything in her correspondence about the lack of food intake and overworked hours. So I made some phone calls and sent letters from the hospital physician and my OHS doctor which contained clear details about the diagnosis and cause. Long story short, about a thousand phone calls later, and after two unsuccessful appeals DVLA will not budge. They continue to use the terms HISTORY and MEDICAL CONDITION regardless of it being a one off incident. They have ignored all supporting letters and information I have provided because they will not admit that they acted impulsively. When I phone, I am not allowed to speak with any members of the medical team who make the decisions. I have thoroughly read DVLA regulations on their web site and do not find anything about my particular circumstance that would warrant taking this action. There are only guidelines for reporting known medical conditions but no reference to a one off incident such as this. Why does DVLA continue to treat this as a HISTORY or MEDICAL CONDITION when it is not? I have been driving for over 25 years and never had an incident such as this. I am a non-smoker, non-drinker and never take drugs of any sort. I have spoken with my solicitor but I don't believe he has the courage to take on DVLA or NHS. He uses the excuse that taking the case to court would take much longer than waiting for the year to pass to reapply for my bus driving license. I am broke and unemployed with a family to feed, which is unfortunate as I am fully fit to be working. I admit fault that my own neglect of my diet caused the blackout, but I do not feel it is fair to apply such a penalty as to lose a whole year's wages. If anyone has any ideas I would really appreciate it. I plan on seeing CAB Monday as I am out of resources. I honestly believe that both DVLA and the NHS are equally responsible for mis-managing this case.

Hi Peeps, Hope someone can help me and give me some sound answers. In first week of February 13, I received a letter telling me my ESA had been stopped due to failing an ATOS medical (second one in two years) back in the first week October 12. I was told I could appeal, which I did immediately, and had to wait for nearly a month with no money. Few weeks later after the mad dash to get the docs certificate and appeal in(GL24) so as not to lose out on my possibly now reduced benefit. I had got the docs they wanted in but it took well over a week to get on their system. Meanwhile, no money for me and told if your desperate go get a crisis loan! Great! I then get a letter stating they are looking decision that you have appealed against and if appropriate we will revise in your favour, if not we will send your appeal letter and papers to Her Majesty's courts. I then get another letter stating that £557.86 being held due to possible over payment from the 4 months it took for them to tell me this significant information of failure at the medical. I waited to hear back from them regards to this and when I would get next payment reduced or not and they actually rang me back and left me a message stating that they would be putting a payment at the reduced rate the next day. Which they did £142. At this point and a week later as directed by their letter in regards to overpayment they don't tell me over the phone categorically that my appeal has been accepted or whether they are still making a decision in my favour or not. Yet, they have now paid me, and so I ring to ask and they tell me oh you don't have to pay this back, you appeal has been accepted. Right...why didn't you write and tell me this...they tell me they wouldn't have done. So, I am supposedly now on appeal. My money has been dropped to a figure that is almost impossible to live on per month. I was in a work related group and I still have to attend this regardless. Yesterday, I receive a tax bill and housing benefit letter for the up coming April. HB appears to still cover my rent. (by the way) was homeless (at family) last year and at the time of the ATOS medical where I didn't even get a physical because he could see I was in discomfort and distress after literally being made homeless 4 days before. Regardless...I am not presented with a bill of £210 to pay, £20 a month now to find, and when I ring to question this, I am told that I am not entitled to any discounts like before because I don't have the additional component. I then state well that's because I am appealing but I still have to attend. I am then by the council man, that they have had word from the DWP that my son is now living with me? Where the hell did they pluck that one out from. He lives 50 miles from me and has not lived with me since July, which is one of the reasons I was made homeless for so long because they couldn't find a property 1 bed suitable for my medical needs... I am then told if I don't write in to confirm this, I will be suspended! WHAT!!! I was questioning whether I was entitled to full Housing Tax due to my little income and I get landed with this. So, I know there is a lot there but that's the kind of background. Anybody got any pointers for me on how to proceed? Would truly appreciate it.

Hi, Hope someone can provide any advice. On the 11th May 2012 I requested a grievance hearing meeting concerning my Area Director on how he was managing my long term sickness plus when I requested my staff file I found two outcome letters, both written by the same person, dated the same, with outcome upheld but different actions. The one I received was lodged in my staff file and the other one in my line managers filing but HR had been advised it was partially upheld and told the actions on the line managers copy. Due to the fact I had been off work with work related stress, occupational health (AXA PPP) then requested that I attended an independent medical assessment on the 28 May 2012 to gain a better understanding of the clinical reasons for the ongoing sickness absence. As a result of this, a medical report was sent to OH and they forwarded this on to Human Resources on the 31st May. HR then emailed a copy of this to my Area Director on the 7 June 2012 and at the same time sent a copy of the report to me. My grievance was heard on the 11 June 2012. Due to circumstances I had to request my staff file again and have since found evidence that when my report was emailed from HR to my Area Director on the 7 June he then forwarded this email to his assistance and my grievance hearing manager on the same day. The email clearly states that the attachment was only intended for the recipient of the email and under no circumstances should any of this info be disclosed to any other third party not entitled to receive it under the DPA 1998. It was also password protected sent via a separate email. I understand that under DPA this is classed as sensitive data and permission should be sought from the data subject first before disclosing to someone else. As my grievance was in no way connected to the independent medical assessment as this was carried out after I had lodged my grievance I believe that my AD should not have forwarded the contents of the report. I have spoken to my ex-employers Data Protection Team who advised me that if the grievance was about the assessment then he could forward it on, as soon as I mentioned that there was no connection they clammed up. Please can anyone advise me as to whether my understanding is correct and if so should I complain to the ICO. I have already reported them for not releasing my file after 5 separate requests, they were given a warning and given a chance to correct it. I wait in anticipation..... Many thanks

Hi guys, looking for a little feedback if possible and most appreciated in advance Basically, my wife has been claiming Incapacity Benefit and Income Support for around 3 years now, and since that time I have been her full time carer due to a catalogue of health problems, the main of which include Fibromyalgia, Osteopenia, Chronic Fatigue Syndrome and severe depression. She also suffers from Arthritis to make matters even worse. In short, for anyone who is unfamiliar with these illnesses, fibromyalgia is a degenerative muscular problem which causes chronic pain to my wife constantly to the point where she is sore and in pain 24/7 no matter what she does - she is prescribed a controlled drug called Matrifen which is an extremely strong pain killer - not only does this add to her condition of confusion but it also affects her balance, walking and general day to day life. Without the drug she is in too much pain, with it she has to sacrifice her ability to function normally. Osteopenia affects the bones and is basically the onset of Osteoporosis which, in short, is a thinning of the bone and means fractures are extremely easy, especially if the person falls or is prone to bumping into things. Chronic Fatigue is where you feel you have been on the go for days and days, yet you may have only just got out of bed or all of a sudden and without warning you have to lie down and close your eyes, although doing this doesn't necessarily mean you will rest sufficiently and gain any benefit from it, and in my wife's case it rarely helps her "recover" in any way, it's just that she has to lie down and close her eyes, normally she can still be aware of what's going on around her, it's just that she can't open her eyes or bring herself back into full conciousness any time soon. Finally, her severe depression is a result of all the health issue's she has had over the past 3-4 years and the stress and strain out relationship has had as a result - luckily, our relationship has survived and I've became to understand her health issues a lot better than I used to, but I digress, onto the matter at hand ... She received an ESA form to fill in, which I did on her behalf and completed it to the best of our ability. They then sent a letter requesting my wife attend a medical, to which I intimated would be a problem due to both my wife's physical and mental abilities, she becomes very self concious about her condition when in public and has taken severe panic attacks in the past when asked to attend medicals. A prior request for a DLA medical to be performed at home was granted, and her DLA claim was approved so I considered it a fair request to ask the same of ESA. They refused point blank and told us my wife would be required to request a letter from her Dr excusing her from attending such a medical. We did, and the Dr had no hesitation in providing such a letter. It was some 3 weeks later (just a few weeks ago) that my wife was sent a letter explaining she was successful in her claim for ESA and everything would be transferred over (i.e. from IB and IS to ESA). However, as I read further down the letter I noticed she had been placed in the "Work Related Activity Group" which basically means she has to attend a "back to work" interview, presumably on a regular basis too, which to my mind put's her more or less in the same boat as anyone wishing to claim JSA?. Apparently, some "health care" person will look at my wife's abilities and "needs" in the hope of returning her to work!. My wife cannot dress herself in the morning, I have to help her because of the level of discomfort and pain she experiences on a constant level - I have to be with her when she goes to and from the toilet because she has fell down the three stairs we have in our upper cottage flat (4 in a block) previously. She suffers mental blocks, and "fog" as it's known in the Fibromyalgia network which means she forgets things at the drop of a hat and cannot focus or concentrate for any length of time. She has been suicidal in the past and had attempted to end her life before I became her full time carer and I am now responsible for administering her medication. All of this was on the ESA form, and they have basically chosen to ignore all of those details and the request from her Dr that she is not able to attend a medical but would agree to one at home, and without so much as even physically seeing my wife, they have placed her into the Work-Related Activity Group. My first question I guess is, can they actually make a decision such as this based on the fact they haven't actually performed any medical?. If so, would I be correct to assume their case would be extremely weakened by the fact my wife does experience such problems on a constant basis and they have chosen to ignore those details?. Basically, in a nutshell, there is a better chance of hell freezing over rather than my wife being able to even attend a "back to work" interview, let alone be considered by a "health professional" for which work she may be suitable for. Any advice or opinions on the matter would be greatly appreciated. Thanks in advance Mark

I attended a medical last year and got a call to tell me I had not enough points to continue getting sickness benefits on ESA. I have in my possesion the Dr's report, most of the statements inside bear no resemblance to reality, most of the things the doctor wrote are total fabrication, the medical lacked him checking me and making up answers for his report, which my own GP was shocked at, when shown the report. If I can find the help I would like to use the report I have to show the way people like me are being stiched-up....

Hi, I have recently received a written offer of employment with a start date of 04/03/13, i am already in employment and would need to hand in my notice asap, but the company offering me the new position has also arranged a medical on the 13/02/2013 for me to take, i believe the medical is a general medical looking at skin complaints, drugs, alcohol etc....so my question is can they retract the offer if i fail the medical? Please advise.

Hi my self neel, unfortunately i had accidental injury during holiday to my wrist .i provided them medical certificate i requested to gym to cancel my membership but they reply as follows:- "Unfortunately, we have spoken to the centre manager and cannot accept this as termination of your contract. The medical note states only a short term period of 21days for you not to use your wrist. As you are signed on an 18month contract this far outweighs the time length given on your doctor’s note for you to get better.If you are worried about re-injury, I suggest you speak with your doctor and allow him to advise you on exercises you may be able to do to strengthen your wrist. We can also offer you a personal session with our gym manager who will assess your situation and advise you on suitable exercises." I dont want to take risk of injuring my wrist again. but still they took money out of my bank account . now i have cancelled direct debit they handed over to debt collection group . i signed contract with lesiure group for 18 month membership . contract form only had annual or 2 years membership But sales person handwritten on form as 18 month contract . there is no term and condition for 18 month membership on that form ....can i fight for this

Today i received a letter from ESA saying that my Medical Certificate was about to expire on December 19th (See the mistake) and that i had to send them a doctors letter by the 20th of December (second mistake). I only sent my ESA request on the 11th of January. I hadn't even sent them a form of Medical Certificate yet. Their letter is dated January 28th. To me this seems like a huge mistake on their part. Any help is appreciated. Thanks.

...in february. We filled out his form a couple of months ago. What is the procedure please? He has kinda accepted that he will be put on JSA. But what is the timescale of things happening. And what happens IF & WHEN he finds a job & they sack him because he isn't mentally capable of holding down a job at the moment? Will he find himself with no benefits or can he go back on JSA straight away?

Hello everyone, I don't want to bother people with explaining why I am on ESA but I'm in a support group and go once a month there ..I went for a medical in December ..the Practitioner (or whatever they are) seemed fair ..she listened to me and took everything into consideration and ended with telling me that she didn't see why I should be put through more stress and to "go home and not worry cos everything is going to be fine) .. a week later I received a letter saying that my benefits where going up (due to being put into the "support group") stating "we have looked at your claim again following a recent change" What I want to know is .. is this a pass or will I need to wait longer to see if I failed?

Hi all - I have a question really. Whats the general consensus when declaring past depression on a mandatory medical questionnaire after getting a job? I have acquired a little part time job at my university calling up alumni and fundraising whilst being at uni as I needed some extra cash. Its a minor job sitting down on the phone and calling people up, nothing more. Our contracts were being prepped by HR in December, but they said we could all do some shifts, I racked up only 18 hours and I have two shifts booked for next week. Recently we have been handed our contract packs and on the front page of the contract it says my employment is subject to "occupational health clearance" and included is a Medi-Gold medical questionnaire which has to be sent off. On this questionnaire is a little thing for you to sign saying your happy to have your medical records accessed along with your happy to have a physical examination. In the past I was treated for depression by the NHS and I know it is as a result on my record, however I left the service myself and i've been good mentally for a year and a bit so far. I was speaking to friend recently about it who also had a mental illness at one stage in their life and they said not to declare it as they didn't do so in the past and are still within their job now, I spoke to my parents who both told me not to declare it as and I quote "people don't understand these problems nowadays. I won't be able to get paid until I sign the contracts and do the medical questionnaire. Thing is I want to declare it as I don't want any repercussions later down the line, but i'm guessing i'm going to lose my job now as a result? Its not my first job, I have another job in retail and I didn't have to do this questionnaire so that's why i'm just generally unaware what would happen as a result of declaring it? Thanks for reading.

Hello After winning my First Tear Tribunal Court Case for Social Entitlement last October, i am unsure whether i have to still submit my regular Medical Certificates. The Decision Notice received from the Judge does not state anything about 'not having to still submit my certificates', but my Decision Notice does state that the DWP should not assess me for two years. Does this still mean that i will have to submit my medical certificates for the Two Year period i won...? Cheers, Klantee

got a letter to say someone will phone from dwp about ib to esa i dont ans phone what will happen

Hi all.Found this site whilst searching threads on appeals so thought i'd ask here.I went to my medical in September this year and got a failed letter(like most people) scoring zero points.This is despite the fact i have been sick now for 17 years with Crohn's disease(main illness) and since getting this illness this has contributed to others like osteoporosis of the hips and spine which causes me pain in my back now and again,galbladder problems which though at the moment isn't a problem i've been told i'll neeed to have this taken out sooner rather than later and most recently hyperthrodism.This latest one isn't being sorted at all as i've only seen the specialist once since May even though i've had it for a year now(though i will see another one in 2 weeks time) and it's this one that causes me the main concern at the moment.I am constantly tired which really gets me down.My crohn's even though wasn't too bad at the time of the medical comes and go's and they have put in the assesment that it's not too bad and under control which anyone that has crohn's knows is never the case.They carried out a silly test on me which totalled me laying on the couch and the nurse asking if i could push my leg against her arm/hand(i suppose to test how strong they are?) and that was about it.They never showed the slightest bit of interest really in my conditions just if i could drive a car,go shopping etc etc. On the letter they sent it also says under certain sections like abdominal problem:No current specialist input.Does that mean they haven't even asked my consultant at the hospital that i see anything? It says the same for my overactive thyroid no current specialist input. Finally there is another part.behaviour observed during assesment:The client walked 15 metres normally to the examination couch.The room i had this in(and the examination was miminal) was tiny and the couch was infact only less than 5 metres away.Does that make any difference? I've sent off an apeal and got a letter today to send back to HM courts and tribunal service.What happens about having a representative? I don't know anyone that could help it's not like i could ask my consultant to come along. Sorry for the long-winded thread:!: Thankyou for reading this

Hi Folks, Had my dreaded ATOS medical on the 4th of December (been on long term incapacity for 21 years) and had my Jobcentre Plus phone call this morning. I have apparantly been put into WRAG starting on the 10th of January which kind of surprised me a little as one of the illnesses i have is worth 15 points alone but after trawling the internet i appear to be one of the lucky ones. Anyway, i also have underlying entitlement to Carers Allowance for my son so if anyone out there can tell me what happens with this please let me know. A friend told me that i shouldnt have to attend these work focused interviews because of the carer aspect but i just want to make 100% sure and how does Carers Allowance affect the amount of benefit i would be entitled to. Delilah PS. I received a questionnaire about the Atos medical and the way i was treated at the medical. The questionnaire didnt contain my name or personal details so i filled it in and told them straight that i was made to feel like a liar and that the assessor i got was a waste of space. Has anyone else had a questionnaire after attending their medical

hi was wondering if anyone can help me..i had my daughter in 2009 and was very long hard labour after a while i had to have forceps delivery where they caught her just at the corner of her eye and made a cut...i was told by my health visitor it would probably fade with age. shes now 3 and a half and its a very noticable scar lot of people ask me if its a birthmark..its brown colour about 1 cm and i think she has a slight lazy eye bit its not been checked and im not sure if thats with the forceps or not....does anyone know if i have a case to claim compensation? thanks

A family member is in need of the above but i have no idea how i would go about finding one. Ive been warned away from any no win no fee outfits. Many thanks for any help offered.