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ESA and dla

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12 years 3 months ago - 12 years 3 months ago #95070 by Dianne5
ESA and dla was created by Dianne5
Hi could do with some help I claimed ib which I was working and got long term permitted work then transferred over to ESA and went to medical which was a complete farce as nothing I said was actually in the medical report and she didn't even list the right medication suffice to say I failed medical. I then appealed and went to the tribunal which I also lost. I supplied loads of medical evidence on my condition which I could have major surgery (double spinal fusion and decompression) but is very risky and I have two disabled children to look after so can't entertain it at the moment but it might not help anyway. I am taking very strong pain patches and other medication and am absolutely go smacked at how I have been treated especially with all the mistakes that the dwp have made with me. I have now just received my renewal documents for the dla which I get hrm and mrc and I am absolutely petrified that this will be refused as the ESA inform dla of the outcome of their decision. Has anyone else been in this situation that could offer me some advice or hope please. This is so very very stressful I have reduced my hours at work to 8 a few years ago as this is all I can manage and even then I am in pain I want to work but can't manage anymore and I have been told I have to give up my job in December if I want to still claim and they will help me find a job total bonkers. Please advise many thanks :ohmy:
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #95072 by Gordon
Replied by Gordon on topic Re:ESA and dla
Deedee

Unfortunately, the DWP will often use the report from a failed ESA medical as evidence in relation to a DLA re-assessment.

As you failed to overturn the ESA Decision at appeal, it unlikely that you can de-value the report now, I am assuming that you never lodged a complaint to ATOS regarding the content.

Positive things to think about, this is now an old report, your DLA re-assessment should refelct your condition as it is now, which from your post, has declined in the interim.

You have an oppportunity to present up to date medial evidence of your own.

If the report is used, you still have an opportunity to disagree with its content and your condition(s) as they are now.

I am afraid I don't understand your reference to "I have been told I have to give up my job in December if I want to still claim", have you made a new claim for ESA?

Gordon

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12 years 3 months ago - 12 years 3 months ago #95127 by Dianne5
Replied by Dianne5 on topic Re:ESA and dla
I did lodge a complain with atos but they just sent a letter saying that basically their examiner was within the guidelines even tho everything in the report was wrong. The ESA rang me and said that I either carry on with my 8hr job and get no benefit or resign from my job and they will carry on with the ESA claim or just earn £20. I am in the process of renewing my dla and I am so worried that it isn't going to go through because of the ESA medical which was completely wrong. Many thanks dianne
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #95138 by Gordon
Replied by Gordon on topic Re:ESA and dla
Deedee wrote:

I did lodge a complain with atos but they just sent a letter saying that basically their examiner was within the guidelines even tho everything in the report was wrong. The ESA rang me and said that I either carry on with my 8hr job and get no benefit or resign from my job and they will carry on with the ESA claim or just earn £20. I am in the process of renewing my dla and I am so worried that it isn't going to go through because of the ESA medical which was completely wrong. Many thanks dianne

Forgive me but I am still confused about your ESA, in your original post you say your transfer from IB to ESA failed, and that this was confirmed at a Tribunal.

Have you made a new claim for ESA?

If so, was this successful or are you still waiting for a Decision?

Whilst substantially the same, the rules for Permitted Work on ESA are different from those that applied to IB.

Gordon

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12 years 3 months ago - 12 years 3 months ago #95146 by Dianne5
Replied by Dianne5 on topic Re:ESA and dla
Hi sorry to be confusing yes tribunal was denied then I made a new claim in July of this year which still hasn't been sorted out yet no decision made I have taken first tribunal to upper tribunal. I am waiting to hear what group if any they put me in this time. I am really worried about this and how it's all going to end up this time my condition will never get better as consultant has said so if they say I can work full time then don't know what to do as cant physically do it I try my hardest now with 8 hrs which I can only just handle with a lot of support from my employer. Thanks
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #95148 by Gordon
Replied by Gordon on topic Re:ESA and dla
Deedee wrote:

Hi sorry to be confusing yes tribunal was denied then I made a new claim in July of this year which still hasn't been sorted out yet no decision made I have taken first tribunal to upper tribunal. I am waiting to hear what group if any they put me in this time. I am really worried about this and how it's all going to end up this time my condition will never get better as consultant has said so if they say I can work full time then don't know what to do as cant physically do it I try my hardest now with 8 hrs which I can only just handle with a lot of support from my employer. Thanks

Have you had a medical on this this new claim for ESA? If so, then this should supercede the previous negative report.

Gordon

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