Meniers sufferer

jclassic1 wrote:

I will try and make it clearer.After my tribunal hearing in Feb which I failed it was suggested to me by the panel that I could submit a new claim for ESA.I started a new claim and was given an assesment date of 10th June.I attended this assesment with my wife as I have trouble hearing and understanding people.During this assesment I produced all my medication.I had the chance to explain in detail all my problems and thought that this time I should have scored well enough to at least go on to the next stage.I was shocked to find I had scored 0 points in the letter they sent me which arrived a month after my benefit was stopped.I immediately downloaded the appeal form and filled it in with my reasons for contesting the decision.On the 28th July I received a letter from the Derby Benefit Centre stating that my appeal was being looked at.Since then I have had no contact from them and have received no benefit since June.They did send me a letter saying that they may have overpaid me by £54-00 but have heard no more.My doctors says it is not his decision but he has been blocked by the benefit people but no reason given.
I hope I have made it clear enough and people understand what I mean.I do appreciate all the replies and am very pleased for the support this site gives.

John

makes a bit more sense now....

Based on your original post my thoughts re and I am no mod or expert on your problem there are 2 possible reasons why you keep getting nocked back

1 is simple based on the evidance supplied and what you said at tribunal they dont think your sick

2 and this is the one i think could be right you have failed to give them the right evidance to supprt your claim.. the smoking gun is missing
so have you this problem in bothe ears ? if so have you made it clear to them and by clear I mean dumbed down wrote the word BOTH EARS in big letters

do you get vertigo ? and is it
vertigo which can be severe, incapacitating, and unpredictable

because imo they are the smoking guns

find a support group or forum on line and see what other who have got dla see what there problems are many wont get DLA or esa some will

each person is different but you might be able to tell from my post the owns who might get esa and the ones who wont

jclassic1 wrote:

I will try and make it clearer.After my tribunal hearing in Feb which I failed it was suggested to me by the panel that I could submit a new claim for ESA.I started a new claim and was given an assesment date of 10th June.I attended this assesment with my wife as I have trouble hearing and understanding people.During this assesment I produced all my medication.I had the chance to explain in detail all my problems and thought that this time I should have scored well enough to at least go on to the next stage.I was shocked to find I had scored 0 points in the letter they sent me which arrived a month after my benefit was stopped.I immediately downloaded the appeal form and filled it in with my reasons for contesting the decision.On the 28th July I received a letter from the Derby Benefit Centre stating that my appeal was being looked at.Since then I have had no contact from them and have received no benefit since June.They did send me a letter saying that they may have overpaid me by £54-00 but have heard no more.My doctors says it is not his decision but he has been blocked by the benefit people but no reason given.
I hope I have made it clear enough and people understand what I mean.I do appreciate all the replies and am very pleased for the support this site gives.

John

O.K. John, things seem clearer now.

So at your Tribunal Hearing in Feb 2011, your appeal failed.

You then say that the panel advised you to make a fresh claim.

A fresh claim can be made, if it is six months or more after the original adverse ESA decision, or before that period, if your condition has changed or worsened.

So was it six months or more after the initial adverse decision? ( Don't forget it's 6 months from the original decision, which may have been many months before, not from the date of the Tribunal Hearing)

You then made a fresh claim for ESA, and have again been assessed, and did not get an ESA award, so you have again appealed the decision, from what you say you have appealed using a GL24, and the Benefits Office have informed you that they are looking at your case again, this should be a Reconsideration, which is done automatically on appealing, if there is no change at this stage, your case should go forward to the Appeals Tribunal.

Reconsideration can take up to 12 weeks.

If that is the case, then your G.P. can issue you with a Med Cert, which is confirmed on the DWP doc on the link that I posted.

Also if you look on the thread on the Rightnet link they say that at the bottom of the letter telling your G.P. that he should not issue Med Certs, it states that he may if you are appealing.

So you really need to make your G.P. aware of this, all though obviously you can not compel the G.P. to issue a Med Cert.

Show him any confirmation also from DWP, that you are appealing.

Also it would help if you ring the DWP, as Gordon advises.

I hope we're on the same wavelength now.

cheers

bro58

I have found only on one occasion that a GP would not issue a fit note for a Heart condition. I was informed that the DWP would not accept that and he had to put another condition on the fit note as well as the heart condition.
I thought that the GP may have it wrong as I know him personally did not argue.
Is this right.

Towser wrote:

I have found only on one occasion that a GP would not issue a fit note for a Heart condition. I was informed that the DWP would not accept that and he had to put another condition on the fit note as well as the heart condition.
I thought that the GP may have it wrong as I know him personally did not argue.
Is this right.

Hi T,

Can't really comment on your querie, as not medically qualified, and couldn't possibly voice an opinion on an individual situation such as this.

Hope you understand, can only advise on benefit queries.

cheers

bro58

bro58
Totally understand, so annoyed had to say it.

bro58,you got it bang on.
I have made an appointment to see my doctor on Monday at 4pm and see if he is willing to carry on giving me certificates whilst I am appealing.Going to ring the DWP today and try and find out what is happening.
My condition affects my right ear but my left seems to be going also.My hearing is getting worse almost daily and find it very difficult to understand conversation.

Great support on here--thanks to everyone.

John