Long term IC to Zero Points after medical

Ok, so now I am one of the many too ! Have had one prior medical some years ago and was put on IC - then kept on IC after completing Q'aire some years later with guidance from BaW - I take 11 meds per day for cardio-related stuff, warfarin, betablockers, etc. t2 diabetes, depression, masses of painkillers for osteoarthritis to both hips and require replacement knee for last 3 yrs (was former carer to amputee parents without hoists for 10 yrs) - I rarely sleep more than 15/20 mins in a row due to the pain and having to support the leg and rotate body to support knee and hip - op not preferred due to warning of probable post-op complications due to large BMI of circa. 50 (24 stone).

Have had steroid injections to ease knee pain - last time the knee joint was so compacted with osteoarthritis that needle could not penetrate joint and after several attempts had to be injected from back of knee - once 'in' the steroid could not be released as there was no cavity, needle had to be 'worked' to create opening - X-rays over several years show pure bone on bone for last four years, with bone damaging itself (copy letters from me to GP confirming as much, dated years ago, attached to Atos Q'aire). In the past my consultant orthopaedic surgeon expressed his amazement as to how I made it to his clinic - he said said he had last seen such legs on Red Rum - I replied that he was dead - "My point exactly" he said with a wry smile !
I was advised to postpone any op until such time as the knee bone disintegrated altogether so any replacement knee more or less had a lifetime equal to that of my own expiry date - and in the hope there would be breakthroughs in surgery.
I am where I am - such is life.

Completed recent Atos Q'aire as per directions - went for medical (a farce) - no inspection whatsoever of hips or leg/knee which is the main problem area due to the constant pain / movement factor (sitting/standing/rising/lying down is permanently painful... and traps nerves at times for which I O/D on Co-drydamol and which appears on my records - the 80%+ O/D of the daily dose was a personally calculated O/D due to volume of pain I was in, having fallen down a short flight of stairs a year ago when my knee collapsed as it does from time to time - Atos 'physical' took 25/30 secs. approx - with request to put my hands together in praying position, to comment of "Fantastic"... and"Perfect" when I could then turn my hands facing upward, and lower them to my waistline.

Requested a copy of the report before I left - this was refused - I got the guy to endorse written request as to why not - and it reads " cannot access report at centre. Has to be completed and sent to DWP".

Have now received a letter from DWP saying I am not entitled to ESA, as I am capable of work. I scored 0 points using the information from
X the questionnaire you filled in recently
X the report of the medical assessment you had on XYZ
X medical information from your doctor

Having experienced the farcical medical I am not surprised. The 'man' needs investigating - and how a DM could make their '0 point' assessment based on the information contained within my Q'aire I have no idea.

Obviously I intend to appeal.

Howsoever should I request the info of the report etc. from the DM/DWP first, or simply bang in an all embracing GL24 as set out on theBaW website ?

Any comments much appreciated.

Thanks... and 'good luck' everyone !

Hi TV,

Sorry to hear that you were not awarded ESA.

As it seems that you are new to the Forum, you may wish to read this :

Welcome to Benefits and Work

For information on which ESA Forms to request see here :

ESA Forms

It may also help if you read the "ESA" and "Appeals" section of our FAQ's, here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70444

You can download and print off a GL24 appeals form from there also.

To access our ESA Guides, including appeals, directly. see here :

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

If you appeal the "fit for work" decision using GL24, you will have to provide "fit notes" also from your G.P., these should cover you from the date of your "fit for work" decision.

You should then receive "assessment rate" of ESA.

After reading the information provided above, please come back to the forum, if you have any general questions.

bro58

Many thanks 'bro58' .... I had already read through the links you kindly gave - but was still unsure whether I should get the 'Atos report' prior to submitting the GL24 ?

Is the 'Assessment rate of ESA' the same as the IC minus 20% ?

The original question I posted ... albeit after some background info..was...

"Howsoever should I request the info of the report etc. from the DM/DWP first, or simply bang in an all embracing GL24 as set out on theBaW website ?"

Would I be right in assuming the the GL24 with the caveat advisable in the first instance ?

Thanks and all the best
Tricky....

Hi TV,

With respect to your question here :

"Howsoever should I request the info of the report etc. from the DM/DWP first, or simply bang in an all embracing GL24 as set out on theBaW website ?"

You can request your ESA Forms as listed on the link that I provided, straight away.

As you will see from said list, there should be an ESA85, and ESA85S (PSS) as you had a face to face, there should also be an ESA65 "written statement of reasons", as you have been found "fit for work"

If you look at page 13 of the :

Employment and Support Allowance appeals New November 2011
35 page guide to revisions and appeals for ESA.

It gives you a template on how to cover all bases with regards to requesting ESA Forms.

Accessible from this link :

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

You can phone up to request the ESA Forms, but it would be advisable to back up the verbal request in writing.

It would be advisable to submit your appeal ASAP, to ensure that you receive the assessment rate of ESA whilst appealing.

There is further information regarding this in the ESA Appeals guide that I have provided the link to.

bro58

trickyvicky wrote:

Many thanks 'bro58' .... I had already read through the links you kindly gave - but was still unsure whether I should get the 'Atos report' prior to submitting the GL24 ?

Is the 'Assessment rate of ESA' the same as the IC minus 20% ?

The original question I posted ... albeit after some background info..was...

"Howsoever should I request the info of the report etc. from the DM/DWP first, or simply bang in an all embracing GL24 as set out on theBaW website ?"

Would I be right in assuming the the GL24 with the caveat advisable in the first instance ?

Thanks and all the best
Tricky....

Hi TV,

With respect to current rates of ESA, see here :

www.benefitsandwork.co.uk/forum?func=view&catid=13&id=39796

e.g. Current assessment rate of ESA for a single adult over 25 is £67.50.

If you also receive HB and CTB you would have to inform them also.

If you are unsure as to how much benefits that you are entitled to, you should seek advice from The CAB or similar advice agency, see here :
Where to get advice?

I think that I may have answered your other questions in my previous post to this.

bro58

'Again' ...'many thanks indeed' .... although I have read much of the site already, I guess I am in some element of a state of shock in getting 'zero points' for all the documented ailments/prescribed meds, and the day to day suffering that one endures.

All the best,
Tricky