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"Failed" medical

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7 years 6 months ago #168295 by CentralLancsME/CFSsupport
"Failed" medical was created by CentralLancsME/CFSsupport
Hi everyone... and thank you to all involved with this website for all you do to help the sick and vulnerable. I have been reading the advice guides, but there’s nothing I could find similar to my own case.
I’ll try to do an “in a nutshell” summary, but it’s complicated. (I’m happy to expand on anything... just ask).

Firstly, about me, I'm a formerly professional person who never claimed a penny... before suffering with M.E., chronic IBS and severe back pain, for which I have to use morphine-based patches (due to suffering severe reactions to oral pain killers). Trying to balance pain, against the falling asleep caused by the morphine is still proving difficult.

I have been receiving ESA for about 5 years and have been trying to reinvent myself by doing a part time degree course, in the hope of working when able. I also do voluntary work. I was “teacher’s pet” with my local JSA adviser, who was surprisingly nice to be honest, as she could see I was trying to do what I could to reinvent myself, but sadly, she recently retired.

She had been saying for a while that I should apply for carer’s allowance as I (along with my sister) care for my mum and that if I was granted this, I would no longer need to attend work focussed interviews. I previously never did this as a)... because I didn’t see myself as a carer, she’s my mum... and b)... because I figured JCP could easily say if I can care for 35 hours... then I wasn’t entitled to ESA. Anyway, I finally did apply for and now receive Carer’s Allowance, which was a few extra £s per week on top of my ESA, but not long after (it may be coincidence), I was recently told to attend a 9am Saturday morning medical, which I “failed with NO points”.

They can’t force me to work, as I’m a carer, so they probably want me “off the figures” and think I’m unlikely to appeal, but on principal I may do so, as I’m disgusted by their misrepresentations of what took place. The letter, which arrived yesterday, is almost entirely misrepresented, untrue (including some blatant lies in fact)... or important things that I said were not included. Also, I made the fatal mistake of thinking they would take into account, previous forms I’d completed, which they not only ignored, but used information discussed at the medical against me, that I had covered in previous IB/ESA50s (again, I’m happy to expand).

So here’s where I’d really appreciate any input you can offer (I know it’s ultimately my decision, but all this is basically covered by this question... thanks for bearing with me!). Would it be a fools errand to contest their decision? I’m not sure if I’m also able to claim Income Support with my carers allowance (the person who initially phoned, said this might be so, as I have no savings worth speaking of), which might leave me not much worse off. More importantly, I’d be able to try and work a few hours if/when my health allows, whereas if I’m officially “off sick”, I may need a GP’s fitnote etc.

However, I'm tempted to fight on principle... for me... and the many they bully... and because deep down, I know that it's wrong to have paid tens of thousands into "the system" during my life... yet be made to feel so bad, that I could actually end up making myself even more ill.

Finally, (I know this was “wrong”), but I recorded the medical without telling the Maximus assessor. It disproves many of their alleged claims as lies, or at the least “serious errors/incompetence” and whilst it couldn’t be used as evidence, I’m sure one of the newspapers would love to hear it (I don’t expect you to comment, for obvious reasons!).

Thanks as always for your help... and I’ll keep you updated.

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7 years 6 months ago #168300 by Gordon
Replied by Gordon on topic "Failed" medical
Central...

I would get face to face advice from a trained advisor or at the very least put your information into one of the online benefit calculators.

www.gov.uk/benefits-calculators

There is an option for you to claim Income Support as a Carer, depending on what your previous award for ESA was the IS option may offer you more money and although you will be asked to attend the occasional Work Focussed Interview (maybe one every two or three years), the DWP will not trouble you.

As to challenging the ESA Decision, I would see what your options are with IS before you make a Decision. I know it can be tempting to fight the DWP just because they took away your award but do you really want all the hassle to receive maybe only a few pounds more than you would get on ESA?

If you do want to contest the ESA, then you need to understand why you failed, you should have the Decision Maker's Statement of Reasons and you can request the assessment report by contacting the DWP office that dealt with your claim and ask for the ESA85. There is no problem with your having recorded the assessment, it's perfectly legal for you to do this, I would recommend that you do not make the contents public, the law in this area is far from clear.

You'll only get your award reinstated by showing that you score the points for one so I would compare your ESA50 with the reports and our ESA Claim guides.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 6 months ago #168309 by CentralLancsME/CFSsupport
Replied by CentralLancsME/CFSsupport on topic "Failed" medical
Many, many thanks... and you are quite correct... sometimes you have to balance pride against common sense.

Yes, I have what I take to be the "statement of reasons"...ESA65 05/15 v02... and it is in all honesty... a disgrace. I won't bore you now, but there are many examples of misrepresentation and what I strongly believe to be blatant lies... and I guess that is why I'm so angry and want to fight... because whilst I may be OK via the carer's route, many could be "destroyed by their actions (including many of our charity's members).

Anyway, I will take time to reflect and do as you advise (ie... seek further advice, including using the link you posted).

I'll keep you updated, but thank you once again, on behalf of everyone who needs advice from time to time.

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7 years 6 months ago #168311 by Onedaysoon
Replied by Onedaysoon on topic "Failed" medical
I'm encouraged by Gordon's reply that it's perfectly legal to record the assessment, as we did this with my son, after the official recording we requested did not happen. As with the original poster, our undercover recording reveals many of their claims to be untrue. If we can now rely on our own recording as proof of what actually was said, I anticipate any appeal being considerably easier.

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7 years 6 months ago #168334 by slugsta
Replied by slugsta on topic "Failed" medical

Onedaysoon wrote: I'm encouraged by Gordon's reply that it's perfectly legal to record the assessment, as we did this with my son, after the official recording we requested did not happen. As with the original poster, our undercover recording reveals many of their claims to be untrue. If we can now rely on our own recording as proof of what actually was said, I anticipate any appeal being considerably easier.


It will be up to the tribunal to decide whether they will accept the recording as evidence. They might ask for a transcript - or they might feel that they want to hear from you as to how you are affected and disregard the assessment completely!

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

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7 years 5 months ago #169677 by CentralLancsME/CFSsupport
Replied by CentralLancsME/CFSsupport on topic "Failed" medical

Mrs Hurtyback wrote: It will be up to the tribunal to decide whether they will accept the recording as evidence. They might ask for a transcript - or they might feel that they want to hear from you as to how you are affected and disregard the assessment completely!


Hmmm... interesting point. Anyone would think they are trying to stack the deck in their favour! Not that I'm cynical or anything.

Anyway...an update. Following seeking advice, it at least appears that I am indeed entitled to Income Support. I would be a little worse off financially, but as Gordon suggested, I would only have to attend interviews every three years.

So... I have applied for I.S. (should hear within a couple of weeks)... BUT... I am so disgusted with the lies that the assessor/decision maker have used to base their decision on... I have put my appeal in for a mandatory reconsideration. I just feel they cant keep just getting away with their disgraceful actions... and at some point in the future, I'd be annoyed that I didn't fight these bullies. Whilst this is my own personal case/situation, far too many of the members of our charity (see user name) are facing similar situations.

I expect the usual thing will happen, of me being knocked back and having to go to tribunal and if so, I'll update this post.

I won't go into detail of any of the blatant lies told, for obvious reasons, but can I share one misrepresentation, that shocked me, but now actually makes me laugh? In the "picking things up and moving them" section. My understanding was that it's supposed to be the ability to "transfer at waist level, a light but bulky object, such as an empty cardboard box" (which infuriates me anyway, as what happens once something is in the box?!).

Anyway, the report describes me having "demonstrated he could carry several items in either hand". Technically true... but the item(s)... was an A4 envelope which contained my appointment letter and several other letters as evidence for the assessor. I promise you, I'm not making this up!

Finally.... again... many thanks for all the help/advice you provide on this website.
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