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General health

So how many people are actually aware of the details of the new ESA?

131 replies

CrapBag · 15/04/2013 20:47

I have been on Incapacity benefit for a number of years now, for having M.E./CFS and not being able to work. I have just been assessed for the new ESA and have received a letter telling me that I have been placed in the work related activity group and I am expected to attend interviews etc with them looking at getting me back to work. I wrote to tell them I disagree with the decison, they haven't changed it so I need to formally appeal.

I phoned the DWP today to ask them why they have put me in the WRAG as I am not fit for work. She then told me that they have found me unfit for work based on my form and they agreed that I could not work. Confused The letter doesn't actually state this.

The bit that really got me was when she said that they could come up with a cure in 2 years time so you can only get ESA in the WRAG for 365 days. Only people with terminal illness go into the support group (according to her). Yes there could be a cure, it could be 10 years away but you can only claim this benefit for 1 year, even though they agree that I am unfit for work. In 1 year my money will stop. She said I may be able to get the income related ESA but I said we don't qualify as my DH has a full time job. She said the government say that you don't need any more money after this. I actually laughed and said that my DHs wages don't cover our outgoings as its not a great paid job (not minimum wage, but by no means a good income). She didn't care obviously.

She said they have passed a new law that means you can only claim ESA for 1 year. But they do agree I am unfit for work, but I still have to attend interviews with a view to looking at returning to work!!!

So for everyone who thinks the government are doing the right thing. No they are bloody not!! A blind person isn't terminally ill, so do they not qualify? People with things like Parkinsons, MS are not terminally ill. Do they only qualify for 1 year as well?

I am so angry right now. Angry Angry

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ItsYoniYappy · 23/04/2013 12:13

I seen someone from Welfare Rights again today.

It's so difficult thinking back to what my health was like in Aug/Sep. I filled in the EA50 in February medical in June my medication has been changed about 6 times since then,I got lost in the DWP system Confused

Anyway for anyone doing this alone, we went through the points sheet to see where I had lost points or not had any where I should. I meet with a Lawyer and a Doctor next Thursday. I have to get 9 points. I have 6.

I'm not holding out tbh. I find it difficult to tell others face to face

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piratecat · 23/04/2013 13:23

hi yonniyappy. it must have been so hard to go through it all, i am pleased you have got it done now.

what day is your tribunal?

Crapbag, how are you today. Do you think you could get this thread moved to health/mental health so it doesn't get lost?

x

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trulywasted · 23/04/2013 13:39

YoniYappy you can make a request to see your medical records, if you ask your surgery. There's a sample letter here. They can charge up to £50 for photocopying, but if it's anything like my bundle that will be worth it, as there's often valuable evidence lurking in there, plus there will be records of all the meds you've been on. (My records were so thick that the cost for photocopying went over £50 but legally that's the max they can charge). I also found some letters written from consultants to my GP which I'd never been copied into Angry but they served as useful proof about my condition (and it was easier to get hold of them than trying to ask for a specific letter from my consultant).

Will the welfare rights person be able to attend the tribunal with you?

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JackieOHHH · 23/04/2013 13:46

Trulywasted speaks a lot of sense, you'd be surprised what's lurking within your medical records!!

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RowanMumsnet · 23/04/2013 13:52

Hello

We've moved this to General Health now at the OP's request.

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ItsYoniYappy · 23/04/2013 14:21

Sorry I haven't made it clear, the Doctor and Lawyer are who will be attending my tribunal on behalf of ATOS so it's next Thursday afternoon.

They really do go into what you do in a day, it's difficult describing literally 'nothing'.

She also advised I may be asked if I have had a family party or any type of 'gathering' last year which, I couldn't/didn't attend, I did I had 3 things, I managed one out of the 3, so she asked me about the other 2 things I hadn't attended.

Last year I was sleeping away days, when the DC were at school, this year I cannot sleep unless I take a sleeping pill. She asked about 'change' how I would cope if tribunal time/date were changed etc.

Asked how I would react if they had a job for me on Monday. I was truthful I would be delighted, then reality would kick in and I couldn't do it.

She asked if I had any accidents around the home (I dont - I live in away where I wont)

She told me that the area I live in the GPs have now completely stopped giving out letter for these medicals.

I was reading over (with her)my EA50/medical papers and the person who gave me that medical was talking nonsense. Over a lot of things, she had just made them up. One being I talk daily with my mum on a mobile, then another hour on the house phone, another I sleep until 11am each day, I love watching the soaps every evening Confused

I still have to work out how to get there next week and look over the form again

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ItsYoniYappy · 23/04/2013 14:24

Thank you Rowan.

I may be a bit late with my GP records now, someone from welfare rights will meets me at the place next week 15 mins before. I think I have a letter from mine, I just need to collect it but if they don't believe his sick lines?

My psychologist letter isn't great apparently as it goes into detail about my illness and counselling and CBT but doesn't say I am unfit for work.

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CrapBag · 23/04/2013 22:50

Yoni they won't say you are unfit for work, its not their place to. I saw my GP yesterday about a supporting letter for my appeal and she said she can give factual based stuff on my actual condition and how it affects me but she can't give an opinion on whether or not I can work as she doesn't understand the benefits system. I imagine thats the case for medical professionals in general.

She is however, going to state that attending work related activity will make my fatigue and depression worse. I think that is enough tbh.

Jackye do you think it is worth getting a copy of your medical records anyway? I'm not sure I want to pay out £50 unnecessarily as I can't really afford it, plus I am paying £25 for the letter from my GP as well.

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JackieOHHH · 24/04/2013 08:04

Crapbag my experience of getting my medical records proved well worth it, but it's up to you, to ME it was a case of spending money to gain evidence and get my benefits...

FYI benefits and work website currently have an offer on, which expires tomorrow at midnight, for 20% off annual membership. Type in code 68452 when paying. It brings the cost down to £15.56.
There is a story on there of a claiming with ms who sued atos and won....
Some very inspiring stories.
Re: medical records, you may be surprised what's in there, letters you've never been copied into, consultant notes, X-rays, medicine lists, EVERYTHING you've seen anyone about will be in there.
I got mine from my GP and from the hospital....I got a copy of my ct scan too, all quite expensive but by very worth it.

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gallifrey · 24/04/2013 21:15

I got a copy of my MRI scans and all the reports for £20 from the hospital.

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piratecat · 25/04/2013 07:46

just to say my doctor is referring me to a psychiatrist to have something more concrete.
she was really helpful and when i asked her did she know what's wrong with me the last few weeks she said its Conversion Disorder.
Had not heard of it before but my slurred speech extreme tiredness and disconnected brain feeling match this. its caused by stress. thanks DWP and Atos.
on

On top of depression its no wonder i have had this breakdown.
i have finally written out the descriptors that apply to me and with a friends help gone through what was not right in the decision makers report. that is out the way thank god. Will send it all off.
x
how is everyone

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ItsYoniYappy · 25/04/2013 09:03

That's good news about the psychiatrist Piratecat, I'm sorry you are so unwell just now. I have the GP again today (I will be asking about psychiatrist has my psychologist has done what she can) I cannot see my GP until 17th May so don't hold out much hope until I see him, I am living much the same as you, they call mine dissociating/disassociation disorder and even my sleeping pills are only working for 3-4 hours just now. I call it obsessing over ESA appeal and stressed out to the maximum.

I read the Consumer Action Forum during the night and read some positive outcomes but some equally negative ones.

I still need to work out how to get there, I might have to ask my Dad,he detest me being on benefits and thinks PTSD is some made up illness for sick lines. How are you supposed to get there if you have 6 points for 'not going out' ? Confused

If I was ready to work, I would be working, I had a fantastic job when things went bad with my X, the plan was to separate from him, get counselling, get better, not get counselling then PTSD.

Hope everyone is well.

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CrapBag · 25/04/2013 09:49

My doctor is referring me for GET, there is a new thing in the place where I live that deals with M.E./CFS so she is referring me to see if they can do any good. I haven't said much about my mental health but I did tell her that I am on the brink. I already have an appointment with a mental health team next week anyway to assess what treatment I may need. I think that is psychologists as well. I'll be interested to see what they say. I am on my 5th bout of depression now and am trying this as oppose to going back on the medication although I am not ruling it out later on as it does help.

Yes, thanks again ATOS and the Coalition for making these changes for all us 'scroungers'. Hmm

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SodaStreamy · 25/04/2013 09:55

Hope everyone is doing as well as can be and was wondering if this has happened to anyone?

i asked for a copy of the report the person completed for my DLA (and was awarded) and received a copy of an ESA Medical report form dated May 2012 however I never saw a person to get examined so it seems to have been completed without ever having seen me

I have mobility problems and advised ATOS of this and that I could not make it to the centre on my own so could someone come to the house.

i never heard back from them so this seems to have been completed without even seeing me Confused

This may be of interest to some www.aboutaccess.co.uk/article.php?id=413&item=Atos+pays+out+to+man+left+in+pain+and+distress+by+assessment

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CrapBag · 25/04/2013 10:00

Wow soda cannot believe they filled one in without actually seeing you!! Shock They just get worse.

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CrapBag · 25/04/2013 10:05

Just read your link Soda, that is shocking that a company that deals with disabled people don't make adjustments for them attending medicals.

Another document I have saved in case I ever need to reference it in the future!

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ItsYoniYappy · 25/04/2013 11:04

I seen a GP and as I thought she wants me to wait until my appointment 17th May to ask head of GP practice (only GP who knows how to treat PTSD) to see a psychiatrist, she agrees seeing the psychologist/mental health nurse is not enough.

I have some pills which I swore I would never take again, anti-psychotics (zombie pills) but if they drug me enough to get from today to the tribunal I will take them.Tbh my tribunal is in the afternoon, I am thinking of taking no medication from Wednesday night,let them see me at my worse!

I can drive but just not to where it's being held.

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MadameOvary · 25/04/2013 12:33

Hi all, not read all of thread so sorry if this has already been covered but am a member of B&W site and would be happy to check it out for you. Just PM me.

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gallifrey · 25/04/2013 14:10

When I had my medical I was using an electric wheelchair and had told them that it would be difficult to get to the ATOS building which was in the centre of Hastings. I asked to rearrange one appointment as I didn't have anyone to accompany me and they then helpfully sent me a map and the walking directions from the train station!

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2old2beamum · 25/04/2013 18:04

DD2 Downs pacemaker asthma 27 yrs was summoned to ATOS centre 28 miles away @ 09.15
First catch 4 buses! Of course i took her.
She was placed in the WRAG We appealed and she is now in support group.
DD3 also Downs heart problems 24 yrs sent forms I duly filled them in sent evidence letter back in 2 weeks put straight in the support group
Confused
Good luck

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piratecat · 25/04/2013 19:16

disgraceful. Angry

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WhoWhatWhereWhen · 25/04/2013 19:20

Contribution based ESA is only paid for 12 months if you're in the work related activity group, you then have to claim Income based ESA.

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CrapBag · 25/04/2013 22:36

I know Who but I won't qualify for Income based because my DH works more than 24 hours a week. Even though his income doesn't cover our outgoings (we don't smoke, drink, have Sky tv, go out for meals or anything like that but we need my money) it doesn't matter, I will be entitled to nothing else after a year unless I get in the support group on appeal. I don't think I would even be allowed to claim job seekers as they have agreed I am not fit for work and even after my money stops they will still pay my NI contributions, so I will not be actively seeking work. I would basically be in limbo and as my GP put it "what they just leave you high and dry!?"

I have someone coming around tomorrow from a charity that deals with disabled people. He said in the emails that he can help me so fingers crossed. I have just typed out as much information as I can think of to send with my appeal form, trying to explain exactly why work related activity will make me worse, what my full time job was and how I tried reducing it before being off sick permanently, when I went back to college and retrained and tried work again after a few years off sick but it didn't work out. I also gave a basic account of my general day to day life when DS is at school, what I do and what times, when I rest etc etc. I also kept a diary during the easter holidays (although I only done it for 6 days, keeping writing all the time was really hurting my hand). Time when I was exhausted because I wasn't getting to sleep in the day. I hope they can get an accurate picture from it. With that and my GPs letter, I hope it is enough. She told me basically what she is going to write and it does support what I am saying well, without her being allowed to comment on my capability or not of work.

Does anyone know if a supporting letter from a spouse is any use? DH is the person that knows me best and he can tell more than me sometimes when I am worse. But then the tribunal may think that they would say that anyway.

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piratecat · 25/04/2013 23:32

i don't think it would do any harm. a friend has written a letter for me.
As we don't have any idea what they take notice of and it seems it varies then a letter from your dh it is.
i have no specialist letters. my records for when i last visited a gp for my illness and when i first got incapacity ben are over ten years ago.
i am not sure they would mean anything.
god its a bloody minefieldSad Angry

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CrapBag · 26/04/2013 10:22

I'll ask DH to write something then I'll forward it with my GPs letter then.

I don't know how much notice they will take of the £25 letter anyway! According to people they don't listen to your GP (what the medical professional who knows you far better than the person you see once does Hmm) but after her telling me what she was going to write, it completely backs up what I am saying so I think it may be worth it.

I don't have a specialist though, never have done but I am now being referred for GET, so we'll see what thats like. By the time the appeal comes up then I may well be seeing someone else anyway.

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