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Reassessment after winning appeal for esa at tribu
- krazykat
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5 years 8 months ago #236840 by krazykat
Reassessment after winning appeal for esa at tribu was created by krazykat
I have filled in many esa 50s over the years but this time I followed your wonderful guide to the letter. I consider myself intelligent and literate. I used to work for a University supporting students with disabilities. I have a teaching qualification and a counselling qualification but finally had to give up work after an occupational medical stated that I was not fit.
I never had any problems in previous assessments and was placed in the support group. My condition is degenerative and severely affects my mobility as well as causing me chronic and sometimes agonising pain. I also have nerve damage.
Then the last time that I was assessed, 3 and half years ago, I recieved zero points. This was a huge shock and knocked my confidence immensely.
It was suggested by the dwp that I use a wheelchair and that my GP "adjust" the pain meds which my pain specialist had put me on. My GP was horrified when I told her and stated that, it was not her's or anyone elses place to do any such thing after a specialist had specifically put me on these meds. My specialist himself was furious, as this suggestion implied that he did not know his job. It was the only time I ever heard him swear. Both doctors were enormously supportive and also dismissed the idea of a wheelchair as ludicrous, as the action of propelling it would in fact worsen my condition.
At my tribunal both adjudicators (one of whom was a Specialist in my condition ) were incredibly sympathetic and angered by the attitude of the dwp. I was awarded my points and placed back in the support group without any challenge from the dwp.
But now I am in the process of reassessment again and fearful of the worst, hence my use of your fantastic guides.
I do have evidence that my condition has deteriorated since my last assessment and the winning of my appeal at tribunal. I wish that I could believe that this would be enough to maintain me in the support group but I'm finding it hard to stay positive.
I was wondering if anyone could tell me how you think the dwp are likely to handle this ?
At your suggestion I mentioned in my esa 50, that I had won a tribunal 3 years ago and since then have deteriorated. I enclosed all of the medical evidence given at my successful tribunal plus the latest evidence of my deterioration.
I also respectfully suggested to the dwp that logically, in light of all this evidence, my degenerative condition could not possibly have improved since winning my tribunal and as such I am not fit for work.
Is it the likely that they will call me in for a capability for work medical, or do you think they will just accept the evidence and award me my points so that I can continue in the support group ?
Is not the winning of my appeal and tribunal last time round enough for them to back off ?
I am also now 60 years old so not exactly employable with my health issues.
Any thoughts on this matter would be most welcome.
Thank you.
I never had any problems in previous assessments and was placed in the support group. My condition is degenerative and severely affects my mobility as well as causing me chronic and sometimes agonising pain. I also have nerve damage.
Then the last time that I was assessed, 3 and half years ago, I recieved zero points. This was a huge shock and knocked my confidence immensely.
It was suggested by the dwp that I use a wheelchair and that my GP "adjust" the pain meds which my pain specialist had put me on. My GP was horrified when I told her and stated that, it was not her's or anyone elses place to do any such thing after a specialist had specifically put me on these meds. My specialist himself was furious, as this suggestion implied that he did not know his job. It was the only time I ever heard him swear. Both doctors were enormously supportive and also dismissed the idea of a wheelchair as ludicrous, as the action of propelling it would in fact worsen my condition.
At my tribunal both adjudicators (one of whom was a Specialist in my condition ) were incredibly sympathetic and angered by the attitude of the dwp. I was awarded my points and placed back in the support group without any challenge from the dwp.
But now I am in the process of reassessment again and fearful of the worst, hence my use of your fantastic guides.
I do have evidence that my condition has deteriorated since my last assessment and the winning of my appeal at tribunal. I wish that I could believe that this would be enough to maintain me in the support group but I'm finding it hard to stay positive.
I was wondering if anyone could tell me how you think the dwp are likely to handle this ?
At your suggestion I mentioned in my esa 50, that I had won a tribunal 3 years ago and since then have deteriorated. I enclosed all of the medical evidence given at my successful tribunal plus the latest evidence of my deterioration.
I also respectfully suggested to the dwp that logically, in light of all this evidence, my degenerative condition could not possibly have improved since winning my tribunal and as such I am not fit for work.
Is it the likely that they will call me in for a capability for work medical, or do you think they will just accept the evidence and award me my points so that I can continue in the support group ?
Is not the winning of my appeal and tribunal last time round enough for them to back off ?
I am also now 60 years old so not exactly employable with my health issues.
Any thoughts on this matter would be most welcome.
Thank you.
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- BIS
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5 years 8 months ago #236850 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Reassessment after winning appeal for esa at tribu
Hi Foxy
It would be wrong of us to give you false hope. As you already know the DWP are a law unto themselves. All I can say reading through your thread is that you have done everything you can to provide them with a clear picture of your current health conditions. I hope that they will not feel the need to assess you, but the fact is a lot of people who hope they will get paper-based assessments are still being called in. I think it is unlikely you will be moved out of the Support Group, but there seems no logical reason for doing so last time. Let's hope winning the tribunal is enough for them to see sense. Wishing you the best of luck with it. Sorry, I can't give you a more positive view than that.
BIS
It would be wrong of us to give you false hope. As you already know the DWP are a law unto themselves. All I can say reading through your thread is that you have done everything you can to provide them with a clear picture of your current health conditions. I hope that they will not feel the need to assess you, but the fact is a lot of people who hope they will get paper-based assessments are still being called in. I think it is unlikely you will be moved out of the Support Group, but there seems no logical reason for doing so last time. Let's hope winning the tribunal is enough for them to see sense. Wishing you the best of luck with it. Sorry, I can't give you a more positive view than that.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: alisp, krazykat
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- krazykat
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5 years 8 months ago #236883 by krazykat
Replied by krazykat on topic Reassessment after winning appeal for esa at tribu
Thank you Bis. I shall keep my fingers and everything else crossed.
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- Sammylou40
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5 years 7 months ago #237147 by Sammylou40
Replied by Sammylou40 on topic Reassessment after winning appeal for esa at tribu
I understand exactly where you are coming from.
Been through the same myself
The dwp are a law unto themselves however and I have attended and won 5 tribunals
Yes. 5!!!!!
They don’t seem to learn. It’s now almost a battle of wills. Who’ll give up first!!!
I have always found the tribunals to be fair and not as bad as expected so keep on fighting. Good luck
Been through the same myself
The dwp are a law unto themselves however and I have attended and won 5 tribunals
Yes. 5!!!!!
They don’t seem to learn. It’s now almost a battle of wills. Who’ll give up first!!!
I have always found the tribunals to be fair and not as bad as expected so keep on fighting. Good luck
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- joachimk
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5 years 7 months ago #237154 by joachimk
Replied by joachimk on topic Reassessment after winning appeal for esa at tribu
i am in the exact same position as you. i had an assessment in 2016 and scored 0 points. went to tribunal and was put back in the support group. i also did a complaint and got an apology and 300 pound consolatory payment from Maximus. I again got another ESA 50 to fill in some weeks ago. the esa 50 had to be back by the 15th august, i posted it for sign for delivery and it was received 2 days before deadline date. 5 days later i received a letter and was called for a face to face assessment for the 28th of august. i telephoned the assessment center, and the person i spoke to said my esa 50 and all the medical evidence plus the tribunal letter had not even been looked at. he said i will push back your assessment date to the 10th of September. So in my case i was called for assessment without the even looking at what i sent on to them. Assessment today lasted about 20 minutes and i had no physical examination
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- alisp
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5 years 7 months ago #237163 by alisp
Carer for a long-term ME/CFS sufferer
Replied by alisp on topic Reassessment after winning appeal for esa at tribu
The only thing I can think of to add is to ask did you quote that nice little bit about "there would be a substantial risk to your physical/mental health if you were found not to have a limited capability for work-related activity"?
I hope you don't have to go through anything else, but as others have said, the DWP *can* be highly unpredictable and illogical.
I hope you don't have to go through anything else, but as others have said, the DWP *can* be highly unpredictable and illogical.
Carer for a long-term ME/CFS sufferer
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