AIBU to think that I am never going to get anywhere with DWP re ESA?

[DWPNightmare]

So, after mandatory reconsideration on my ESA claim, it's been declined again.

I am undergoing tests for my ailments. The main one being I am incontinent. I provided a letter from my doctor to this effect.

I have managed to speak to the decision maker (through sheer persistence). The reason they've declined it again is due to the term my doctor used, being weak. I.e. The letter says, I have stated my symptoms and I am undergoing tests.

So, his on earth can you claim ESA before you have a diagnosis? I'm supposed to go to work, whilst I wet myself throughout the day, am in considerable pain, suffer panic attacks and feel stressed and anxious if someone so much as asks me if I want a cup of tea. All because I have only stayed my symptoms to my doctor??

What on earth do they want from me? This has actually reduced me to tears. It's taken since November due to their incompetence and I still have no income.

What on earth do I do now?

Sorry for spelling mistakes. I'm on my phone and a bit shaky.

Although it's been turned doün by mandatory reconsideration you still have the right to take it to an appeal.

Thanks Aww, I know I have the tribunal, but how long is that going to take? Also, the stress of it might send me over the edge.

I'm just trying to grasp how, despite having the letter from my gp, they still think I can go to work?

I'm afraid to take it to tribunal, as the areas it will cause will undoubtedly make me ill, and it might not even change anything.

*stress not areas

When did you see your GP and when have you been referred for tests?

I've been seeing my GP for a long time. She is ruling out illnesses, I think. I had a scan just before Christmas, so I'm waiting the results on that. I have another appointment later this week.

I think the reason why they consider the letter weak is because your GP can only say what you've told him, but without test to confirm the diagnostics of incontinence and more importantly how bad it is (ie. bad enough that indeed the impact affects your ability to work), it's difficult to assess whether the issue is preventing you from working and for how long (ie. would exercise/surgery help etc...)

Have you been given an indication as to when you might be seen for these tests?

Thanks swing. Surely that's the same for anyone suffering without a diagnosis? So, does that mean that you can't claim ESA unless you have a diagnosis? A diagnosis can take years?!

I'll know more at the next appointment.

Hi OP. First, sympathies. Been there with ESA and DWP.

Don't be put off from appeal and tribunal. Over 60% of appeals succeed at tribunal. At mine they awarded triple the points the WCA had given me.

Someone in here told me you can claim to continue to receive payments whilst waiting for tribunal wheels to turn so look into that.

Meanwhile, google points criteria descriptions for ESA and figure out where you should have points.

Contest any you were not awarded a tag WCA in your appeal, and be very specific, using the same phrases they use and saying what points you should qualify for.

Ask your GP and consultant to write a letter using the exact phrases the criteria require. This removes the wriggle room the decision makers depend on to refuse points.

You can also involve your MP - most constituency offices will be supportive. They also need to know how unfit for purpose those WCA are.

You need to appeal - many cases that go to appeal are successful.

You also need to let your GP know that your are proposing to appeal, stressing how the need to do this coupled with the pain you are experiencing, your incontinence issues and the uncertainty about what’s causing them are all affecting your mental health. It may be that she will be willing to provide further information in support of your appeal.

You haven’t said what your job is, but this may have had some bearing on the DWP’s refusal to pay ESA. I may be doing them a dis-service but I can’t believe that it views incontinence on its own very sympathetically in that you can use pads etc, so in your appeal documentation you need to relate it to the particular job you do (not forgetting travelling there and back) and spell out in words of one syllable what you will have to do to keep yourself clean and comfortable, and how difficult /impossible this will be. Don’t spare them any details about this or about your anxiety, panic attacks and pain.

I’m certainly not saying you should make things sound worse than they are, but you do need to emphasise all the difficulties - unless you tell them they can’t be expected to know.

I am incontinent too and get both PIP and ESA. I think it's not the incontinence that gets you the 'points' as it were but your ability to clean yourself up and change your clothes.
That's what I assumed from my recent esa assessment questions anyway.
Good luck with it op xx

Once you appeal you'll get the assessment rate. You used to get that during the MR period, but that changed - so get your appeal in asap. It's the same as JSA levels.

Thanks everyone. Just so exasperated with the whole family hung. Ready to give up altogether. I just can't take the stress.

Maybe when I've recovered from this knock back, I'll look to appeal.

I was a finance and administration manager in the construction industry. I couldn't even possibly undertake this job in my present health.

Don't even know what family hung was even supposed to mean!