ESA assesmet

I had a medical assessment in March, I received a reply today saying I only scored 9 points and they feel I am fit for work.
The notes I have been sent with the form bear no resemblance to the medical, the doctors has not included all my problems and even when he made the comment on how swollen my leg and ankles were have not been included in the report.
He as also not included that I cannot walk up stairs and cannot get in or out of the bath, I live on my own. Does anyone have any ides what I can do as they said they ate going to stiop my payments

Hi, I am sorry that you did not get the result you believe was right.

If you feel that this decision was wrong, you can appeal. This has to be done within 4 weeks of the decision and you can find some help about this here

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


You need to be aware that there is a risk of losing of losing your current award, so you do need to consider this carefully. You might like to get help from someone like CAB

Where to get help

j9epc wrote:

I had a medical assessment in March, I received a reply today saying I only scored 9 points and they feel I am fit for work.
The notes I have been sent with the form bear no resemblance to the medical, the doctors has not included all my problems and even when he made the comment on how swollen my leg and ankles were have not been included in the report.
He as also not included that I cannot walk up stairs and cannot get in or out of the bath, I live on my own. Does anyone have any ides what I can do as they said they ate going to stiop my payments

Hi j9,

Sorry to hear of your "fit for work" decision, as a result of your face to face assessment.

If you feel that you should have qualified for ESA in either the WRAG or Support Group you can appeal the decision.

You have 1 month to do this from the date of the "fit for work" decision letter.

You can do this by downloading and filling in the GL24 from the link on this page :

How to submit an appeal

You will also need to obtain a fit note/sick note from your G.P. to cover you from the effective date of the "fit for work" decision.

Once you have sent in your GL24, and "fit note" ( by recorded delivery, keeping copies), you will then be entitled to the assessment rate of ESA either until the decision is changed at the automatic reconsideration stage, or if not then, until the appeals tribunal comes to a decision on your appeal.


With respect to the medical report that you speak of, which I assume is an ESA85, if there are errors in this, you can complain to ATOS, as a seperate issue to your appeal, see :

Complaining to ATOS Healthcare

You may also like to highlight these errors in your appeal to the DWP.

There is a template to appeal here :

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

Acccessible from this link :

ESA Guides

You should also read our Appeals FAQ's :

Appeals FAQ’s

In particular have a look at :

Qualifying for the WRAG

&

Qualifying for the Support Group

It may also help to review :


ESA Guides

&

ESA FAQ’s

Hope this is of help.

bro58

Hi Bro58
Thank you for your qucil reply and the infomation you have given me. The Doctor spent more time looking at his PC and typing away than he did examining me
He spent less thank 5 mins exanining me.
There is no mention of the operations I have had and the one I am due in the next momth, which if I was at work would mean I would be of work for 4 months minimum

Thank you for your reply, I will try the CAB