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13 years 1 month ago #47314 by anoushka
esa was created by anoushka
Hi this is my first post but I have been following off and on for over a year. Having other people in similar situations has been a lifeline.

I have been told by dwp that I should not have been sent an ESA50 because of "my history", I dont know what this means but it sounds ominous. I dont know if they have had anything from my doctors recently but I have phoned them in desparation several times . She said "put the form in the bin and just go to the medical" I have had help from citizens advice with what to put in the form, but filling it in myself has been difficult / impossible mentally . It is almost finished but I am ashamed of it! I phoned them after extreme panic about it again.
Now ... I am worried that they wont know anything about my deterioration and I will get 0 points again. I got 21 in my tribunal in June.
It has been a horrific experience all round adversly affecting my mental health. I have rheumatoid arthritis + associated problems
I can not put all that work in the bin.
Do you have any guidance for me?
Thanks

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13 years 1 month ago #47343 by evaness
Replied by evaness on topic Re:esa
Hi Anoushka,

I am so sorry to hear you are having such a terrible time. We are all scared stiff, so don't feel you are the only one not coping well with this.

I think you are right that all your work should not be thrown in the bin. I think the advice from the DWP is both inaccurate and deliberately misleading.

The first step to any claim is to fill in the ESA form and return it. It doesn't matter how bad you think it is, so long as it includes as much information as you can give about your condition. If it is untidy or badly written, don't worry. This can only help show that you are having problems.

I would also try and get any supporting evidence you can from your GP and/or any other health professionals you have contact with. If you cannot get that, then you can ask to see your GP records and get a photocopy of any letters from Consultants or anyone else that supports your case.

A medical is not a foregone conclusion, so the advice to just go to that is wrong. If you can prove you have sufficient problems, just on the ESA form, it is a possibility that you may not need to have a medical at all.

Unfortunately, the chances are that most people will be asked to attend a medical as well though.

Just try to do a little bit at a time and scribble down any thoughts you have inbetween on a piece of paper, so you don't forget to include anything that might help.

I know they don't particularly ask for evidence but it can help if you send some anyway.

Good Luck.

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13 years 1 month ago #47350 by Gordon
Replied by Gordon on topic Re:esa
anoushka wrote:

I have been told by dwp that I should not have been sent an ESA50 because of "my history

I don't know of any circumstances where you would attend an ESA medical (WCA), without having first filled out and returned an ESA50 form.

You should certainly reference the Tribunal decision to give 21 points, you should have been told where you scored the points. Do not limit your response to just these area, if there are others that you believe you should score points for, Tribunals often stop their deliberations once the claimant has passed the 15 points for the WRAG.

If you believe you have deteriorated since the previous decision, not the Tribunal, then you should hi-light this in your submission, obviously try and get your GP and/or consultants to right letters supporting this.

Please come back to the forums if you have more questions.

Gordon

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

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13 years 1 month ago #47451 by anoushka
Replied by anoushka on topic Re:esa
thank-you evaness for your advice and support

Tomorrow I will look at the esa50 again and get in touch with GP. I have tried asking for my medical records before but felt such a nuisance that I didnt. My self confidence is wrecked. Thanks again.


Gordon - thank-you for your reply
After my initial relief at not having to complete the form , doubts set in for me too. It did not make sense.
I will reference the tribunal results, had not thought of that.
I am very wary of asking my doctor, They dont seem to understand the process of esa. She thinks stating that I have these problems is enough. I dont know if this is my insecurity and low self esteem , I just know that i feel awful asking her.

I will let you know what happens . My medical is next tuesday.

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13 years 1 month ago #47453 by evaness
Replied by evaness on topic Re:esa
Hi Anoushka,

Too worried to sleep? I know the feeling. (Mind you haven't even had my dinner yet!)

If you can't face asking your GP about your records, try just ringing the surgery and ask to speak to the Practice Manager.

Just say you would like to see your records to prepare for a medical. I don't know where you are, but here, they have been very helpful and have them waiting for you when you arrive and give you a room to sit in to read them.

I hope the Mods can advise betteron this than me, but I think if your medical is booked for Tuesday, there is a problem. How can you be called for a medical without completing and them receiving the ESA form first?

Some people can avoid a medical altogether if there ESA is enough to prove they are unfit to work.

Maybe a call to the DWP to postpone the medical until you have sent in the form.

Please wait and see if the mods advise different, I am no expert.

Hope you get some sleep!

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13 years 1 month ago #47455 by Gordon
Replied by Gordon on topic Re:esa
anoushka

You say you jave not yet returned the ESA50 and yet your medical is on Tuesday,

They should not be carrying out a medical without your ESA50 being available, you should contact ATOS and ask to have the medical deferred until after the ESA50 return date.

Gordon

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

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