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IN ESA SUPPORT GROUP SINCE 10/09. WHAT IS NEXT?

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13 years 7 months ago #25592 by Deb Long
Hello to all Forum Users.
I am new to this site, but have read much of the info on the pages and forums yesterday and today.
I wonder if anyone can help me please?

I struggled thru' an ESA tribunal last October...and was placed in the support group. I have bad CFS/ME..after the tribunal, I miraculously received 15 points. What a farce it was.
I received a fresh IB50 form exactly 12 months after my ORIGINAL was received, instructing I needed to go to yet another medical...this only 6 months after winning a tough appeal.
I sought help from my excellent welfare benefits contact...who 'appealed', and won me a stay of execution for 6 months.
This time period is nearly up...and I was hoping someone else who has been in this position could tell me 'what happens next'.
Do we REALLY have to go through the torment of yet another stupid medical etc., and run the (very probable) risk of another hateful tribunal or 'does something else' materialise? I really do not know...the fear and anxiety is really exacerbating my symptoms.I am loathe to contact Job Centre Plus..just in case.
Any help or advice would be appreciated.

Deb

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  • originaldave
13 years 7 months ago #25596 by originaldave
Replied by originaldave on topic Re: IN ESA SUPPORT GROUP SINCE 10/09. WHAT IS NEXT?
medicals are not going to go away and it matters not who is in power they are going to be run badly with many mistakes from that starting point you have behind you the fact you have done it once and have a good idea whats going to happen this time


what happens next is you make sure you give them all the info you have with all the evidance you can get

also talk to your doctor and give him a statement of fact as you see it get him to put it on your medical records

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  • Barkthedog
13 years 7 months ago #25606 by Barkthedog
Hello Deb

I'm no expert but do have a burning question/observation.

If your illness is a progressive one with virtually no chance of any improvement, then I can see little to gain from subjecting you to the medical yet again. It just seems plain stupid and a waste of everyone's time and money.

On the other hand... should a/your condition be one that could potentially improve - with an appropriate level of time and treatment, then I would actually think the system is right to carry out another medical.

Please, I'm not asking you to say what your condition is; I'm really just thinking out loud and maybe outside of the box.

BTD

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  • Sherby
13 years 7 months ago #25996 by Sherby
Hi Deb Sorry you have to jump through the hoops. You brought up a good point. i have been wondering whether
I'm on my own when i comes down to losing my benefits every year due to ATOS medicals.

I've been kept on the lower level of ESA benefit about £64 per week for the last 4 years.

This is the process.
1- apply for benefit then within 6 months fail DWP medical Lose all benefits.
2- Re-apply for benefits and wait about 6 months for appeal. Lose all benefits.
3- Re-apply for benefit, lose benefits within 6 months after another medical.

Basically all I'm saying is that there "fair system" means that i never reach the higher band. Apart for the odd week.

Is this normal, are there other people having the same thing happen to them.

I known that they think CFS is all in our heads. Hopefully when XMRV is confirmed in September we will get better treatment.

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  • gorchard
13 years 6 months ago #26066 by gorchard
I have a friend who is going through this at the moment. He attended an ATOS assessment last year and was placed on the support group, he attended another assessment recently and has just been told that he is not entitled to ESA at all, even though his GP and consultant neurologist both say he is unfit for work.

He has appealed against the decision but when he asked if our local disabled support group could help him, and represent him at the appeal he was told that the County Council had withdrawn their funding and that they were unable to represent anybody. Even though he has appealed, he has received neither ESA or JSA for three weeks, his housing benefit has also stopped.

What I can't understand is how someone who works for ATOS can consider that their medical opinion is more valid than a hospital consultant, and how someone with a degenerative neurological disease can be unfit for work and placed in the support group one year, and the following year be miraculously recovered (according to ATOS) and be fit for work, even though they are displaying the same symptoms.

Does anyone know how long it takes before he will receive some kind of payment, and how long it will be before his appeal hearing. He is beside himself with worry and is hardly eating or sleeping.

Shame on any government or organisation for putting people who are genuinely ill through this.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago #26069 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:IN ESA SUPPORT GROUP SINCE 10/09. WHAT IS NEXT?
Deb Long wrote:

Hello to all Forum Users.
I am new to this site, but have read much of the info on the pages and forums yesterday and today.
I wonder if anyone can help me please?

I struggled thru' an ESA tribunal last October...and was placed in the support group. I have bad CFS/ME..after the tribunal, I miraculously received 15 points. What a farce it was.
I received a fresh IB50 form exactly 12 months after my ORIGINAL was received, instructing I needed to go to yet another medical...this only 6 months after winning a tough appeal.
I sought help from my excellent welfare benefits contact...who 'appealed', and won me a stay of execution for 6 months.
This time period is nearly up...and I was hoping someone else who has been in this position could tell me 'what happens next'.
Do we REALLY have to go through the torment of yet another stupid medical etc., and run the (very probable) risk of another hateful tribunal or 'does something else' materialise? I really do not know...the fear and anxiety is really exacerbating my symptoms.I am loathe to contact Job Centre Plus..just in case.
Any help or advice would be appreciated.

Deb


Hi Deb,

You can keep up to date on ESA by following this link on ESA Migration

Plus, our guides are updated regularly and members exchange information of their experiences

Regretfully, my knowledge of ESA is limited as I'm now retired, and I concentrate on benefits I know about which are IB, DLA/AA, Carers Allowance and Appeals in general, although my expertise is DLA as I was a DLA Tribunal Member for 10 years.

Although we don't officially deal with Industrial Injuries Disablement Benefit, I am sometimes able to advise on this benefit also.

Hope you enjoy the site :)

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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