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TOPIC: advice on esa medical which is 26th october 2016

advice on esa medical which is 26th october 2016 1 month 2 weeks ago #171229

hello everyone,

I am currently in support group after a tribunal decision in 2012 and got my invite to another wca which is due next wednesday 26th october.

I have allergies which were diagnosed back in 1996 and are the reason I have been on IB/ESA is that they are uncontrolled and uncontrollable.
My allergies are to Balsam of Peru and Perfumes, products that are everywhere and to which I exhibit an extraordinary sensitivity to and reactions have got much worse since October 2014.
I cannot get out of my house very far before the severity of the symptoms forces me back home, my analogy to help explain is I start out sober, successive contacts with perfumes etc are like consuming alcohol and eventually I am drunk. Or, and this type of reaction happens more and more these days, is I start out sober and then instantly go paralytic drunk. It does involve some momentary loss of consciousness (but I haven't hit the floor yet), I am then flooded with adrenalin, extremely confused and anxious to get home, where I sleep to recover. I then suffer some sort of hangover which can last for days.

I have been refused a home assessment,I cannot travel on public transport, so I have arranged for a lift from a friend to the wca.

What happens if I have a severe reaction whilst at the assessment?

As my illness is highly variable yet uncontrollable ,how do I convince the assessor of my illness' severity if I do not react whilst there. The most I got last wca was a headache and nausea.?

m
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advice on esa medical which is 26th october 2016 1 month 2 weeks ago #171252

  • Gordon
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M

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Would a home assessment be easier?

If it would then you need your GP to write to Maximus explaining why you cannot attend at their offices.

If you are happy to go or you cannot get a home assessment then I would recommend writing to Maximus explaining your problems and asking for a separate waiting room so you are not affected by other claimants and any other adjustments that would help you to make it through the interview, for example; that the assessor does not wear perfume or after shave. It is certainly worth your emphasising the effects that your allergy has on you, there may be Health and Safety issues that would make a home assessment more likely.

You can also contact your MP to help you get a home assessment.

Contacting your MP

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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advice on esa medical which is 26th october 2016 1 month 2 weeks ago #171290

thanks gordon, I have tried my doctors but they didn't provide adequate evidence, a consistent problem I have had throughout, I will write to them as you suggest and send a copy to my MP.
m
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advice on esa medical which is 26th october 2016 1 month 2 weeks ago #171353

good morning,
I decided to telephone them instead of writing and after a few calls managed to get a 9.10am appointment 17th november, so 4 weeks today, which should give me time to get better evidence.
From my experience with my GP over the years it's all in the terminology and how you view disease. I see one cause with many symptoms, he sees many diseases and tries to treat each accordingly, which sometimes has given me terrible side effects which are very often worse than what I suffer already and may have contributed to my condition deteriorating, who knows?
I will compose a sample letter for my GP outlining the way I think it should read and hope for the best.

thank you
m
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advice on esa medical which is 26th october 2016 1 week 6 days ago #174698

hello everyone,

I have just had my decision letter after attending the WCA last week and it is exactly as I suspected...my .ESA has been stopped from 21st November.

I have just spoken to the DWP and have been asked to write in with extra evidence towards a mandatory reconsideration, which I will do. I am not sure about signing on for JSA as if I have to attend Job Centre on a regular basis my health will deteriorate (as it did the last time I had to do this which was 2012).

If that fails then I will appeal.....again.( I have been in receipt of sickness benefit for 20 years only by virtue of the appeal tribunals, I have never passed a form or medical yet )

I remain pragmatic and philosophical about it all .

Any advice on how to proceed from now will be gratefully received

many thanks in advance
m
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advice on esa medical which is 26th october 2016 1 week 6 days ago #174724

  • Gordon
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marywarner

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum 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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