ESA Assessment failed, now have to apply for JSA

[letsgetitsorted]

After an accident I had in 89 i was left with real bad problems with head and legs, i was able to get on and do some work but have had many operations since then. in 2006 i managed to get a job with local council but then got transferred under TUPE.

my Legs hips and depression started to get worse and in July last year i was made redundant.

 

on 3rd July last year I put a claim in for ESA, since the claim started i have had some 50+ medical appointments, and last December I had an operation to repair a muscle on left hip, this operation has failed and i am unable to walk any distance and i have restricted mobility from waist down, i have to rely on my other half to help me et dressed, i cannot have a shower as i cant stand up in the bath and i need a hand in and out of the bath, i have at least 5 falls a day, this is where knees give way.

 

on 20th October i had my ESA assessment and on Tuesday this week as i was waiting to go i for an MRI scan I had a phone call from DWP to make an appointment for an adviser to ring me to go over my ESA claim.

this adviser rang yesterday and the first thing she asked was "has my condition changed since i saw the Dr for the assessment"

of which i replied no as there where no changes. i am then told that My ESA would be stopped with immediate effect. i asked why and was told that i am fit enough for work, as i watch telly i can use a remote so i can use one hand, even though my right hand has problems, because i can take a pair of glasses off, i can use my hands of which means i have to work and sign on to JSA.

 

whilst i was talking to this person i was getting distressed and and my other half ended up taking to her..i ended up in a right state and was hyperventilating

 

i have numerous appointments coming up one of which will more than likely be another operation.

 

my main problems are mobility, depression (according to dwp adviser i cant have depression as i am able to drive)

memory and speech.

 

any ideas of where or what i can do now.

i will be making a formal complaint against the adviser and i will be getting a copy of all telephone calls

 

many thanks

Lets

[Sparks_]

You need to put in for a mandatory reconsideration to the DWP, better in writing, if as they usually do say no change then you need to ask for it to go to tribunal.....when that is accepted then you go back on the assessment rate of ESA

[tommy456]

From what you have described you may also be able to claim PIP for both mobility and care assistance and your wife if could be able to get carers allowance It sounds like Maximus are just as bad as ATOS when carrying out IDS's evil plans

 

I would get some written medical evidence to support your medical conditions send copies to the DWP with your MR mandatory reconsideration , it may influence their decision and save the waiting for a tribunal date and also attending it, I would also contact your local CAB or councils welfare rights office, one of which should be able to advise you further, the CAB do have sometimes case workers who can visit you at home

[letsgetitsorted]

You need to put in for a mandatory reconsideration to the DWP, better in writing, if as they usually do say no change then you need to ask for it to go to tribunal.....when that is accepted then you go back on the assessment rate of ESA

I have been trying to do the first step over the phone but so far all of the promised call backs have not materialised.

From what you have described you may also be able to claim PIP for both mobility and care assistance and your wife if could be able to get carers allowance It sounds like Maximus are just as bad as ATOS when carrying out IDS's evil plans

Atos decided last year I was only suitable for standard mobility and enhanced care, other half also claims carers too.

will see what happens, after the promised calls today, I never knew there was a welfare rights officer with the council so will look at that too.

 

thank you both for your input.

[SabreSheep]

DO everything in writing

 

Keep a papertrail

 

Send by recorded delivery

 

Keep proof of postage and delivery

 

Stay within DEADLINES

 

Stay OFF THE PHONE

[letsgetitsorted]

thank you all for the feedback.

 

I received their letter today explaining why and how i scored zero points on each section.

i read through the first 3 and was bale to contradict each of those points, so i will be writting a letter of appeal over the weekend.

having seen Dr today i have been signed off for yet another 3 months, when i told him what DWP said he couldnt believe it.

one point that the lady from DWP said yesterday on phone was, i cant fall 5 to 6 times a day as there is no evidence of this and there is no evidence from hospital about the falls, so now when i have a fall i need to either contact my Dr or get an ambulance crew out to pick me up ...

[letsgetitsorted]

What would be the best way to gather all the evidence i need to support my claim, any ideas.

 

many thanks

Lets

[honeybee13]

Hello there.

 

You would normally send copies of assessments on you by any specialists you've seen for your condition, plus supporting letters from your GP/support worker, etc if they will write one.

 

I wouldn't send originals; keep those for your records.

 

HB

[jason2723637]

I would think but wait for other with more experience to reply but get medical history in form of maybe a letter or documentation from your GP and maybe other hospitals that treated you

[letsgetitsorted]

going to see if I can get all the information regarding conditions

 

many thanks

for the response

 

cheers

Lets