× Members

ESA Medical cause for concern

  • RichT
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #87981 by RichT
ESA Medical cause for concern was created by RichT
Hi I am off for a medical with the dreaded atos next month and would like the benefit of your advice if possible, now the medical doesn't really over bother me to be honest it simply annoys me that I HAVE to prove I am ill.. I suppose the biggest worry I have is that I receive DLA (Indefinite) I am worried sick I will lose my car especially after reading so many horror stories where genuine people get ignored by these so called professionals who appear to have an agenda to abide by.
Last edit: 11 years 9 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago #87986 by Gordon
Replied by Gordon on topic Re:ESA Medical cause for concern
Rich

If this is a new claim for ESA, then the burden of proof lies with you, if this is a re-assessment, whilst the burden of proof then lies with the DWP to show you no longer qualify for ESA, however, claimants would be well advised to treat it as a new claim!

Whilst ESA medical reports are used to triger DLA re-assessments, this actually happens quite rarely and does not mean that you will not retain your existing award.

The following FAQ explains more about the ESA medical.

ESA Medical – What to expect

Good luck

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • RichT
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #87988 by RichT
Replied by RichT on topic Re:ESA Medical cause for concern
Thanks Gordon ;) My wife says I am worrying too much and keeps reminding me that it was the medical facts that got me the DLA award in the 1st place even though I was still working full time, now I have lost my job due to the slow but sure deterioration of my health with little chance of getting another job at 50 in my state of health. My GP and rumy nurse have both suggested ill health retirement recently in a bid to preserve some sort of quality of life instead of always pushing on through pride.. It will be the stress that gets me in the end :lol:
Last edit: 11 years 9 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 9 months ago #88005 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA Medical cause for concern
RichT wrote:

Hi I am off for a medical with the dreaded atos next month and would like the benefit of your advice if possible, now the medical doesn't really over bother me to be honest it simply annoys me that I HAVE to prove I am ill.. I suppose the biggest worry I have is that I receive DLA (Indefinite) I am worried sick I will lose my car especially after reading so many horror stories where genuine people get ignored by these so called professionals who appear to have an agenda to abide by.


As you are to attend a medical assessment for ESA you are likely to have been awarded ESA either at the assessment rate on a new claim, or the WRAG or support group rate on a continuing claim.

Except in the very rare exceptional circumstances whereby their is no ESA award prior to a medical assessment, the burden of proof will always rest with the DWP unless you are claiming to meet either Regulation 29(2)(b) or 35(2)(a)(b) of the ESA Regs.

In the latter case the burden of proof lies with the claimant to show that they are entitled to ESA beyond the assessment phase.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • RichT
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #88021 by RichT
Replied by RichT on topic Re:ESA Medical cause for concern
I was put on ESA after my SSP ran out from work in February so I would say it is the end of the assessment phase, I have now had to take voluntary redundancy due to losing my HGV licence on medical grounds. I am signed off on the sick till august at the moment, I would gladly take on part time work if something suitable was available but due to OP/AS etc I can't walk very far (even with crutches) and can't stand or sit for very long without severe pain and my legs and neck go numb. I am not trying to avoid work simply trying to survive ;)
Last edit: 11 years 9 months ago by slugsta.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.