× Members

ESA: Could ATOS/DWP think I’m cheating?

More
10 years 7 months ago - 10 years 7 months ago #110745 by MariW
My primary medical condition is quite rare and not fully understood. There are multiple forms of the condition with further different forms added as research progresses. My own form is progressive, often leading to 100% incapacity. It is much less common in the UK that in North America and some parts of Europe. In speaking with medical personnel about my condition I often receive a blank look of total ignorance or a sudden “Ah yes! My partner’s stepfather has a cousin twice removed who works with a guy with that!”

Over many years since diagnosis I have set out to become my own “expert” so as to explain my symptoms and limitations when seeing a GP or making a benefit claim. Explanations of the condition on DWP and NHS websites simplistic and wildly over-optimistic in discussing treatment options including some high-risk procedures. These sites were updated just before the introduction of PIP!

Anyway, last night I read through a couple of my draft ESA 50 with a family member. I stated my diagnosis and prognosis and how my current level of disability affects and limits me with reference to the ESA 50 descriptors. My family member’s reaction was that ATOS/DWP might think I had searched the Internet for information and simply applied it to my own case. He added that I sound determined not to work.

It has never occurred to me that a claimant who shows some knowledge of his/her condition and can describe its multiple disabling effects in clear clinical terms would risk a suggestion of cheating but I’m desperately worried now. What do you think?
Last edit: 10 years 7 months ago by . Reason: Tick.

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

More
10 years 7 months ago #110749 by Gordon
Replied by Gordon on topic ESA: Could ATOS/DWP think I’m cheating?
Mari

Not having seen your ESA50 it is a little difficult to comment, however, if you trust this family members judgement then maybe you should have another look at the ESA50 with an eye to revising the comments, perhaps they explain in more detail those areas that they were concerned about.

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.

More
10 years 7 months ago #110754 by MariW
Replied by MariW on topic ESA: Could ATOS/DWP think I’m cheating?
Thanks for your reply, Gordon.

The family member has a basic knowledge of my diagnosis and is aware of the majority of the limitations the condition imposes in my daily life though not their full extent, which doesn’t make pretty reading. Some of it has never been discussed before.

The family member has no experience of disabling illness or any form of disability-related benefit. Certainly, he has not accessed this site and read the ESA guides and experiences of claimants. I’ve spoken with him in the half hour after posting my message and explained that what isn’t included in an ESA 50 cannot be considered by ATOS and the DWP. If it’s all down there and the result is not what I hope for then I have good grounds for appeal.

In short, I’m going to trust my own judgement.

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.