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Appealing

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11 years 8 months ago - 11 years 8 months ago #88601 by MJ
Appealing was created by MJ
Hiya,

I did not complete my ESA questionnaire on time so they just sent me to a medical exam back in March, where the nurse who saw me seemed very nice..

I was trying to present her with evidence and I tried showing and telling her how my condition affects me. (Anxiety and depression).

She told me, "Oh its ok you don't have to tell me, I can already see you are very depressed and anxious" Or something along those lines.. and then told me that I shouldn't go back to work yet because she can see I am genuinely unfit for work.

Anyway.. after some questions that hardly had anything to do with my condition and only a 35 minute assessment. I was told it was over.

Then in mid June I was called up and told I had failed the exam, and I will have to sign on or appeal. So I requested the appeal forms and also the medical examiners report.

Long story short.. I failed with zero points, and the questions on the report were not asked in my assessment, nor did I make any form of indication to answer them.

Its like she has just taken what the government WANTS to hear from what I said and answered the questions that way while ignoring the actual facts.

I just don't understand how she told me to basically shut up and stop stating my case because she knows I am unfit for work and then writes a report like that.

[phrase removed]

Their logic seems to be.. "oh he can walk, and talk, and he doesn't fall over every 30 seconds, so he can work." ZERO POINTS.

I have a testosterone deficiency, which causes all kinds of problems, directly and indirectly leading to depression and anxiety.

I told her this, and she seemed to empathise with me but none of it was on the report.

Half of the report was about sitting, standing, etc.. while my problem has nothing to do with physical pain.

I am sorry if my post is confusing to people.. but I struggle to remember things and concentrate, especially when I am anxious and upset.. which I am right now, because I feel totally screwed and I don't know what to do.

I went to the doctor yesterday, and I told her my condition has gone a lot worse lately, especially since all this worry and panic over the ESA nonsense.

She now has me on 2 anti-depressants.

Which might also be why I am not concentrating very well today.

Anyway.. do they want me to kill myself before they believe me?? I want to be better one day, I was considering doing charity work recently to try get myself back to work.. but this has completely destroyed any confidence or morale I had built up over this last few years.

I am not ready, I know I am not, and it took me 3 weeks just to build up the motivation to post here for help.

I wish I could take in the information from your FAQ's, but I can't.. I lose track and forget what I have read.. and my mind doesn't absorb the information.

So if anyone can just tell me what I should do.. I would really appreciate it.

I know my post is all scattered and I am sorry. I hope you don't think i'm an idiot.

Warm Regards,

Michael
Last edit: 11 years 8 months ago by Gordon. Reason: removed potentially libelous statements

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11 years 8 months ago - 11 years 8 months ago #88606 by chrissy v
Replied by chrissy v on topic Re: Appealing
Hi Michael, i feel for you i really do, i,m going through the appeal process now, as i failed the medical, but i still have not received the paperwork from DWP with the reasons why i failed it, i wish you good luck with all, fingers crossed for both of us.

Chrissy V
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #88607 by Gordon
Replied by Gordon on topic Re:Appealing
Michael

It's important to realise that the ESA assessment is not a medical in the traditional sense, it is an assessment of whether you meet a variety of specific physical and mental tests, the ESA descriptors, it is not even a test of whether you can work or not!

The "doctor" folllows a standard script, which skirts around the questions on the ESA50 form, and then infer from your answers, how effected you are, so when they ask about you watching TV for example, it allows them to consider your concentration and whether you can sit for long periods.

You say that you have requested the appeal form, but have you returned it yet?

If you are a full member, have a look at our ESA Appeal guide, it explains what you need to consider, you might also want to have a look at our ESA claim guides, they can help you re-present your case.

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

You might also want to look at getting help with your appeal.

Where to get advice?

Whilst we can't be specific about an individual case, a high percentage of claimants in your position overturn the Decision at appeal.

Gordon

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

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11 years 8 months ago #88622 by Crazydiamond
Replied by Crazydiamond on topic Re:Appealing
Michael Halsall wrote:

I went to the doctor yesterday, and I told her my condition has gone a lot worse lately, especially since all this worry and panic over the ESA nonsense.

As you have indicated that your medical condition has become a lot worse, you should reclaim ESA immediately. This can be done in addition to an appeal if you should decide on this option?

The question as to whether your condition has "significantly" worsened to the point that you may qualify for ESA again, is a matter for the approved disability analyst (ADA) to decide, and as such you may need to attend another medical assessment.

You should not delay in submitting a fresh claim to protect your benefit position, as any appeal will only be considered down to the date of the adverse decision and not beyond that point in time.

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

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  • Karlo
11 years 8 months ago - 11 years 8 months ago #88628 by Karlo
Replied by Karlo on topic Re:Appealing
Is it the decision maker that decides the points scored from the report or does the medical assessor decide the points?
Last edit: 11 years 8 months ago by .

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11 years 8 months ago #88629 by Crazydiamond
Replied by Crazydiamond on topic Re:Appealing
It is the ESA decision maker who allocates points for each of the WCA descriptors.

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