Esa Medical Fail Letter Arrived Today.

[ni132]

I received my report today telling me i failed the medical and got 6 points. I half knew in my head with reading online reports that almost everyone fails it. I'm just so confused as what to do now, they said my payments stopped as of 12/06/12. It took them almost 3months to get back to me on my medical and it had kind of slipped my mind until the letter today. I understand i can appeal, do i write them a letter and if so what exactly can i write? Is there a form online i can just print off and fill out or do i need to have something from social security? I'm in a real slump at the minute after getting the letter , any help as what i can do from now on out would be much appreciated guys.

 

If you need any more info on myself or the letter i got just ask. thanks again

[RaeUK]

Hi ni132. Give your BDC a ring and let them know you wish to appeal and ask for form GL24 (I think you can also download it online somewhere). It's a simple form. Complete and send back with supporting evidence - but don't fret too much about that as you can send further evidence to the Tribunal at a later date. You only have 1 month to do this so do it asap. You will need to keep sending (un)fit notes throughout this period - which can take between 6 and 12 months but you'll still receive the assessment rate ...

[freakyleaky]

This may help

 

http://www.direct.gov.uk/en/diol1/doitonline/dg_4017514

[kmp]

I have the same problem. I realised my benefit was not paid into my bank this morning so i called JCP and they told me my payment had been stopped as of the 2 june. That they had reached the decision on Wednesday that i had failed my assessment back in April. An hour later my letter arrived.

 

I was diagnosed with PTSD, with severe panic attacks, depression and insomnia. During the assessment i told the doctor? what i was doing and want to do to try and get better because i want to work. I am still signed off sick and now because i'm trying i'm not entitled to ESA.

 

I've heard about an appeal but how do you tell a medical proffessional that they're wrong? I don't know what to do.

[Slatted]

You have to remember that you are not alone and that all that happened at "Work Capability Assessment" was input into a computer and that the "medical professional" could be anyone...and a lot of people are appealing the decisions being made at the moment. You only have to look at many of the threads on this forum to see what is going on....

 

If you appeal you should be entitled to ESA at the assessment rate until the outcome is known and this could be many months given how things are at the moment...during that time you can take the time to get better and still look for work, without the pressure of JSA forcing the issue before you are ready...

 

In my opinion there is nothing to be lost by appealing....so good luck if you do....

 

there are stickys on this forum, I believe, or I have found the Benefits and Work website invaluable as they have a guide to appeals and this includes developments from this month as they are so up to date with monitoring how things are going.

[kmp]

During the assessment they asked how i spend my day so i told her i keep busy as it helps. So because i can do house work and cook and because i keep trying to get outside even if its walking the dog with my dad, this is why i am fit to work. I dont know how i can appeal against that because it is true. The fact that i can't get out of the car at the supermarket, or walk to the corner shop without having a massive panic attack ( the kind where you lose complete control of your body) doesnt matter. It seems because i keep trying i must be fine. I dont know how i can argue against that.

[Slatted]

You can argue because what you seem to be describing is physical abilities against those issues of mental health that prevent you doing other things...

 

Again you are not alone in this regard.

 

It is good that you are trying to do what you can should be recognised as such but not used to penalise your claim for ESA.....the problem is that it sounds as if you, like so many others, tried to be positive and helpful at the "medical"....and did not understand that it is not a medical at all but a Work Capability Assessment.

VERY DIFFERENT.

 

If your own GP does not think you fit for work then I would say they know you better than a random medical professional (who could be a nurse or similar and certainly not a specialist in your own conditions). And clearly you do not feel fit for work either...

 

Have faith..

 

Arguing against things is an art form that you may want to take up! lol

[debt4get]

yes you must appeal, also ask them for the 'medical report' which they will send you....go through and find which descriptors apply to your condition..these are the ones you are going to appeal on.....it will also tell you who performed this so called 'medical', they are frequently economical with the truth....tell them on the gl24 appeal form that you wish to claim esa at assessment rate until you seen by tribunal....try not too stress' get as much information you can find to support your case which can be sent at a later date..as others have said you have to send in so called 'fit notes' keep a good eye on the dates they run out as likely as not dwp will not inform you that they are due and first thing you will know about it is your money has stopped...try not too worry there is plenty of help available on forum...good luck...

[kmp]

Thanks, I've downloaded the appeal form GL24 and am filling it out now but other than saying you got it wrong, i'm lost. I have pointed out that they made a mistake on my 'typical day' most of the points they argue were goals and challenges i set myself not actual daily activities. They used those as their reasoning and yet missed out other things. I really dont understand it at all. I would have thought the fact that i want to get back to work and am making the effort towards that, would be a good thing?

[debt4get]

oh it is, it give atos the chance to give you 0 points...they really take the biscuit....concentrate on how you would fit in to the descriptors, everyone understands that this takes some effort, but you will need to show why you feel you cannot work at the moment....

[Slatted]

Do you have anyone who might be able to help you be more objective as I know it is sometimes hard to see how what you are suffering from and experiencing can fit into the "lovely" descriptors? You might find CAB helpful?

 

Also, you can add information and reports whilst the appeal is still being awaited so the GL24 form just needs to lodge your intent to appeal and buy you time to get the information and, possibly, get well enough to feel ready to work. After all the tribunals are taking a while to come through from what I can tell.

[kmp]

Thank you for all the help. Yeah was told to put in a physical description of the panic attacks aswell as everything else. Those discriptors are rediculous. I thought these things were there to help people who can't work and support them when they try to get back to being able. It said in the letter "We recognise you have a disability or health condition but...". What is that supposed to mean?

 

I tried CAB but no answer so will try again monday. GL24 has been posted in time for 5pm pick up. Any idea how long this could take? It's just i have bills to pay and money stopped today without warning.

[Slatted]

I think the failed WCA letter was what they call "warning"!

 

I think you should ring them about the stopped money and tell them you have sent in an appeal request so believe ESA will be resumed at the assessment rate in the circumstances....otherwise they will have expected you to clain Jobseekers immediately.

 

I would also ring them to check the GL24 arrived okay, give it a few days, otherwise it might have "got lost"........

 

The appeal process can take many months to go through but you are, apparently, entitled to ESA assessment payment in the meantime as long as you keep providing GP certificates so make sure sick notes are up to date....

 

You may find CAB very busy but at least

[kmp]

Thanks I'll call them monday and will make an appointment to see my doctor for the sick note. I was signed off altogether a while ago and was told i didnt need to send notes anymore so will have to get it sorted out. I keep rereading the decision makers reasons and what the HCP noted and i still can't get my head round it. Some of it is just twisted words, others are pure fabrication and then there are major points missing.

[debt4get]

they are usually some sort of work of fiction....dont take it personally they are doing it to nearly everyone...you literally have to be a corpse to get anything...and even then people are failing

[debt4get]

Thank you for all the help. Yeah was told to put in a physical description of the panic attacks aswell as everything else. Those discriptors are rediculous. I thought these things were there to help people who can't work and support them when they try to get back to being able. It said in the letter "We recognise you have a disability or health condition but...". What is that supposed to mean?

 

.

and here in lies one of the problems....the govt have made the great british public believe no one is to sick to work...in the words of one conservative MP 'even a paraplegic can work' they then went out of their way to demonize the sick, ill and disabled telling everyone (and you would be surprised how many people believe it) that we are nothing more than 'benefit scroungers'.... until someone becomes ill, sick, disabled they have no idea of how difficult it is.....

[Guest amianne]

I think you should ring them about the stopped money and tell them you have sent in an appeal request so believe ESA will be resumed at the assessment rate in the circumstances....otherwise they will have expected you to clain Jobseekers immediately.

 

That is exactly what dad did when he failed his last ESA re-assessment. He made a JSA telephone claim and went to the JCP a few days later. There was some problem with the ESA claim still being live, but that was sorted by the JCP for him. After about 30 mins he came away with a pile of papers and was told to come back the following week to sign on.

 

He duly did, and was called over when he asked about signing on. He was told that they had made a decision that he would not be able to work and certainly not look for a job of 30 hours a week or more. They told him his JSA claim was being closed down and that he should re-claim ESA.

 

Well that was a job and a half - they refused his claim for ESA!!

 

Eventually it was sorted out and they accepted a late appeal against the previous ESA decision.

 

No one ever tells you anything, and I would agree that they do expect you to claim JSA. Everytime he asked someone a question he received a totally different answer!

 

The DWP would very much prefer that you did claim JSA instead.

 

He was put back into the Support Group 11 months later, a week before it was to be heard by the Tribunal.

[debt4get]

they keep harping on about how much the sick is costing, yet when you do get kicked off by atos, attempt to claim jsa your told your too sick to work claim esa....all this money going to atos and they cannot or will not get it correct.....and its costing the country millions...no private company should ever ever have a say in who is entitled to any benefit....

[Slatted]

Strange how no one seems to do the sums to show how much the appeals etc are costing.....

[kmp]

It's horrible you can't help taking it personally. How is a so called HCP going to know if you're fit in less than 20 mins even if they did listen to what you say. Why bother with an assessment if they don't pay any attention to the facts and have already made their own mind up anyway?

[Slatted]

They get paid for doing assessments I believe......

[debt4get]

as i have posted before and will continue to shout from the rooftops..no private company should be involved in any form with how or who is elegible for welfare payments......they have to much of a vested interest in failing people no matter what the consequences

[RaeUK]

It's horrible you can't help taking it personally. How is a so called HCP going to know if you're fit in less than 20 mins even if they did listen to what you say. Why bother with an assessment if they don't pay any attention to the facts and have already made their own mind up anyway?

 

It's nothing personal, kmp. And they're not looking to see 'if you're fit'. It's a Work Capability Assessment not a medical of any kind. That's why they can ignore anything your GP or Consultant might say. They are only looking to see what they think you are able to do not what you can't. And to that point, they have the computer programme to aid them. The software is devised from an American Insurance program that is geared to look for failure. Nobody has made their mind up at all. But, my goodness, aren't the odds stacked against us! ...

[Slatted]

I don't know about anybody else but I would really like to find some of those fortunate few who have been put straight into the support group and find out what their secret is. I know they exist....but I suppose they are not going to be likely to post on a forum like this as they don't have anything to gripe about (until their next WCA changes their mind perhaps?).

[house3]

hi ni132,i also recieved a letter this week ,ive also had 6 points given,am so stressed and upset,not good for the health,just making us worses,ive got back knee right arm pains,depression and irratible bowels..feel like screaming because am so angry we these people the way we are treated because we are unwell,my payments stopped straightaway,like the 11th june,i got the letter the 14th june..yet my sick note dont finish till the 7th july,i just sent um a letter on the same day to say am appealing ,this time i will get proper help from welfare rights ,because i thought i detailed all my illneses and mental problems in the medical questionaire..and also thought i got my point across to the woman i seen at atos for the medical..my arm is killing me at mo,so leave it foor now,good luck to every one else in the same position...