ESA Refusal

I am writing with DISGUST at being found fit for work for ESA.

Last June 2013 i received an ESA50 to fill in.I was being migrated from IB to ESA.I had been on Invalidity Benefit and Incapacity Benefit since 1991.

I had a F2F assessment on 3/12/2013.It lasted almost 1 hour 20 minutes.


In 1990 I had an accident at work and was retired on medical grounds from the Royal Mail for the incapacitating injuries I sustained when I was hit in the back by a moving train door. I now have a severe back injury and sciatica problems for almost 24 years.I even won damages at the High Court.I am in constant pain and everyday life is a struggle...I can only walk less than 20 mtrs , sitting and standing for less than 15 minutes at a time, needing to move around regular to ease discomfort. and I never go anywhere unaccompanied.I faint easy and is in severe discomfort and pain at all times.My Mum does all household tasks and chores for me and daily activities are a strain....

All this was listed on my ESA50 form

In 1996 a top specialist in Harley Street London said the back injury ( prolapsed discs ) was incapacitating and would never heal naturally and surgery was the only answer but I declined because the success guarantee wasn't high enough.I have been in and out of hospitals and have strong daily medication,had epidural injections too.




On 28/1/2014 I was found fit for work with NIL points. I asked for a Mandatory Reconsideration and said that I qualified for the support Group and sent 23 years of medical evidence & a letter from my MP. for my severe back injury I sustained at work back in 1990..The ATOS report was in some parts total lies ,I had to ask myself if the claimant was actually myself.....

This week 4/3/2014 I was again informed by letter that there was no change... i am no longer receiving Incapacity Benefit payments.

I am now Appealing with the help of a representative from the Law Centre and have asked for an oral hearing.I hope to get my ESA assessment rate reinstated when my appeal is lodged.I am not claiming for JSA as I AM NOT FIT FOR WORK !! by claiming it you are telling the DWP that you are fit for work..

...Not sure how long that will take ? I now have to send in sick notes, a thing I havent had to do for almost 20 years..



Only last month an MRI scan showed the back had worsened,I saw a neurosurgeon and he said I needed back surgery but there were risks , so I opted for nerve block injections. I am on the waiting list now.

I feel so depressed ...and have no confidence.

Can anyone give me some sort of idea how long the appeal hearing might take ?

What I would like to know is what sort of job could I do if one was available ? I cant sit,stand, walk far , doesnt go anywhere alone, faints easy due to low pain threshold. the list is endless...

Debbie

If you have supporting evidence that states that you cannot walk more than 20m this may help you to get into the Support Group. You could also argue that you would be at risk from work and work related activity due to your regular fainting fits. You would need medical evidence of this also of course.

Your situation is not unusual and many people are successfull at appeal. Atos medical reports are often full of inaccuracies or 'lies' as you say. You should focus on any inaccuracies that contradict your entitlement and ignore any irrelevant ones.

You are very lucky to have secured representation from a law centre. Hopefully they will have legal training and if so will be in a perfect position to represent you.

If you send in a sick note then once your appeal is lodged you should indeed receive the assessment rate of ESA. Claiming JSA is not supposed to prejudice your claim but I can understand your reluctance to do so.

I am afraid it will most likely take at least six months for your tribunal date.

In my opinion and I believe many others the ESA assessment is not a realistic test of capacity for work.

Hi Debbie
I would like to give you some hope, I also was given nil points and succesfully appealed and was put in the support group
There have been numerous people on this forum with similiar stories you have got to keep fighting and dont give up

First of all can I ask the question are DWP decision makers medically trained.?

I have just received my Mandatory Reconsideration Notice for ESA no change Nil points.

I submitted all of my medical history and medical reports since 1990 accident where I was hit in the back by a moving train..causing long term back injury and disc problems.sciatica and hip problems.mobility,sitting and standing are very limited too.severe discomfort and pain at all times.

I went to see a neurosurgeon who advised me surgery was one option and nerve block injections is another option. At the time I was not in receipt of his medical report.

Do you think going to Appeal, having a law centre representative and asking for an oral hearing could change and be in my favour this time. My GP says I am clearly NOT FIT FOR WORK and I have a sick note .I will have the consultants report to submit .and i will contact my local MP for support.I have been medically retired for my back problems for 24 years.
I have clearly been affected by this outcome and I suffer from anxiety and mild depression. Things are getting worse for me.? although my gp supports me.



I look forward to hearing anyones views on this matter.

Thanks

also. where do I send my sick note ? to appeals /tribunal with supporting evidence or local DWP office dealing with my claim..?

I am afraid DWP decision maker are not required to be medically trained.

I am sorry about your negative decision but the DWP rarely change their own decisions. On a positive note you are statistically much more likely to be successfull at appeal.

You should go through your medical evidence and highlight the parts that show your entitlement. You will first of all want to decide where you point score which you can do by looking at the descriptors in the guides. You should pay more attention to the most recent evidence.

You will want to lodge an appeal straight away and directly with the tribunal service not the DWP. You should send them a copy of the mandatory reconsideration decision notice and a completed SSCS1 form.

www.justice.gov.uk/downloads/forms/tribunals/sscs/sscs1.pdf

You should send your sick note to the jobcentre that deals with your claim.

Hi D,

The following information may help further :

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

MOJ Video of ESA Appeals Process and Tribunal

There is also an ESA MR/Appeals Guide here :

ESA Claims Guides

Once your appeal has been accepted by The TS, and you have sent your fit note in to The DWP (keep a copy)

Sending Documents to the DWP or ATOS

You should be entitled to Assessment Rate ESA.

The fact that you have representation, and have opted for an oral hearing does increase your chances of success.

Remember to qualify for The SG, you must fulfill at least one of the qualifying descriptors :

SG (LCWRA)Schedule 3 Descriptors

Or, if none of them, under :

ESA Reg 35 for entry to The SG (LCWRA)

See also :

Qualifying for the Support Group

Being classed as "Unfit for Work" only places you into The WRAG (Limited Capability for Work ) (LCW) :

Qualifying for the WRAG

To be placed into The SG, you must also be assessed as being unfit for work related activity. (Limited Capability for Work Related Activity) (LCWRA)

You rep should be able to clarify this for you.

bro58