Options

ESA Medicals & Support group

13567145

Comments

  • Options
    TelevisionUserTelevisionUser Posts: 41,417
    Forum Member
    Thank you ever so much for the advice TelevisionUser :). I was originally a bit dubious on making the post on here about ATOS, due to some unpleasant anti-benefits posters on here, but am truly thankful of this support thread.

    Thanks again :).

    At your service, darkjedimaster. :)

    I've read some harrowing stuff such as this article here so I am only too happy to assist anyone and you can see what can happen below :eek::

    one young man, nervous and clearly not accustomed to addressing rallies, took the microphone to explain how his uncle, who had severe mental health problems, committed suicide after the test gave him zero points and found him fit to work. Dismayed to find his benefit claim rejected, he had appealed against the decision, and won at tribunal. But shortly after that decision, he was called in for another assessment, and for a second time scored zero points and was told he did not qualify for the benefit.

    He began appealing against the decision again, but a few days before another tribunal date was set, he hanged himself. His family did not want his name in the paper, but sent through a copy of the serious incident review carried out by the local jobcentre, which concluded: "We need to review the WCA and appeal process to take the needs of our vulnerable customers into account."


    That case is an appalling indictment of the current system and I hope that the government listens to Professor Malcolm Harrington who is trying to do his best to make the benefits system more responsive and humane but there is clearly still quite a lot to do.
  • Options
    TelevisionUserTelevisionUser Posts: 41,417
    Forum Member
    In case it helps anyone who wants to make a tribunal hearing appeal against a benefit decision, there is a video guide here that was produced by the Ministry of Justice: http://www.youtube.com/watch?v=tbWXG6Ho4i8

    Some of the advice is quite helpful including that the appellant is more likely to be successful if they appear in person rather than having a paper hearing (especially since the DWP tends not to normally send a representative to the hearing) and if they present additional evidence to the tribunal such as new or updated letters of support/medical statements from medical professionals like GPs and specialists consultants.

    It is also worth restating that getting additional experienced help with submitting an appeal from the likes of Citizens Advice Bureaus, community law centres, claimants' unions, etc. effectively doubles the appeal success rate.
  • Options
    OtherguyOtherguy Posts: 122
    Forum Member
    I was put into the Work Related Activity Group, and when I told them I was worried about losing my ESA after 12 months they told me this wasn't going to happen. But I read in this thread that after 12 months you do lose your ESA. Now I'm a bit worried :confused:
  • Options
    TelevisionUserTelevisionUser Posts: 41,417
    Forum Member
    Otherguy wrote: »
    I was put into the Work Related Activity Group, and when I told them I was worried about losing my ESA after 12 months they told me this wasn't going to happen. But I read in this thread that after 12 months you do lose your ESA. Now I'm a bit worried :confused:

    Well, otherguy, there are actually two variants of Employment and Support Allowance - income related and contributions based - and the differences are explained here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171891

    If you have already been told that your benefit is safe then it sounds like you are already in receipt of income related ESA and so do not have anything to worry about.
  • Options
    OtherguyOtherguy Posts: 122
    Forum Member
    Cheers TelevisionUser, I think I'll ring them in the morning to make sure.
  • Options
    TelevisionUserTelevisionUser Posts: 41,417
    Forum Member
    I have a minor update that's worth posting.

    The welfare advisors behind the Benefits and Work website are now selling their benefit application and appeal guides independently of subscriptions and the direct link is here: http://www.benefitsandwork.co.uk/buy-guides

    Some free material is also available too: http://www.benefitsandwork.co.uk/free-stuff
  • Options
    [Deleted User][Deleted User] Posts: 2,593
    Forum Member
    ✭✭✭
    Hi

    Can anyone hep with a question

    After filling out the Atos form,my sister had her ATOS medical way back on the 22nd October and has heard noting about the results , today,whilst she was at an hospital appointment they attempted to call her ,My Mum advised them where she was and they said they will ring her back on Friday between 1 and 3,is this normal,she was expecting a letter but not a phone call with the results

    Anyone help with what she should expect on Friday via the phone call and what the procedure is after a medical

    Thanks
  • Options
    SexbombSexbomb Posts: 20,005
    Forum Member
    ✭✭✭
    She will be told the outcome of the medical result whether she is fit for working not.
  • Options
    [Deleted User][Deleted User] Posts: 2,593
    Forum Member
    ✭✭✭
    Sexbomb wrote: »
    She will be told the outcome of the medical result whether she is fit for working not.

    So ALL medical results come via the phone and not via a letter ?

    It seems a long time since she took the medical on the 22nd October
  • Options
    TelevisionUserTelevisionUser Posts: 41,417
    Forum Member
    In case it's of help to anyone, there are some updated suggestion about dealing with ESA appeals below:
    1. Get help and advice from any one of the nearest Citizens Advice Bureau office (plug in the postcode here http://www.citizensadvice.org.uk/index/getadvice.htm), local council benefits advice unit or community law centre as appropriate. Getting help from organisations like that can effectively double appeal success rates.
    2. Request a copy of the decision maker's ruling and the ESA 85 medical report in writing so that you can rebut/correct any assertions as part of the appeal. When dealing with the DWP, I'd suggest sending any letters 1st class and signed for.
    3. The GL 24 appeal form can be downloaded from here https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDIQFjAB&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F191806%2FGL24_042013_WEB.PDF&ei=ncRyUrXmK-SU0AW08oH4AQ&usg=AFQjCNE-weC4fa2Qeobw_bP6iQQ95Js2yA&bvm=bv.55819444,d.d2k&cad=rja and any full or interim appeal has to be submitted one month after the date on the original DWP decision letter and not one month after date of receipt of the letter.
    4. In addition, getting an updated GP/consultant statement and providing a personal statement about how the condition restricts and adversely affects everyday life might help as well when submitted as part of the appeal.

    More links are provided below:

    https://www.gov.uk/appeal-benefit
    http://www.justice.gov.uk/downloads/tribunals/social-security-and-child-support/forms-and-how-to-appeal/tribunals_service_booklet_web.pdf
    http://www.youtube.com/watch?v=tbWXG6Ho4i8
    http://www.actionforme.org.uk/Resources/Action%20for%20ME/Documents/get-informed/esa-appeals-factsheet.pdf
    http://www.lampdirect.org.uk/sites/default/files/wr%20appealing%20ESA2012.pdf
    http://blacktrianglecampaign.org/2012/11/28/two-regulations-could-hold-the-key-to-winning-esa-appeals/
  • Options
    TardisSteveTardisSteve Posts: 8,077
    Forum Member
    good idea posting those links TelevisionUser :)
  • Options
    [Deleted User][Deleted User] Posts: 1,038
    Forum Member
    ✭✭✭
    kupo_nut wrote: »
    Oh, I feel your pain! I'm in the same situation, although I do manage to work 4 hours a week, but I've been cut off. I explained everything, and apparantley I'm ok :mad

    Just a well my meds have stopped working now, I have to reapply

    Just realised that this was posted before I got my diagnosis of MS, which meant I was able to reapply Since then I've had two medicals, both of which got in me into WRAG and the third time I was put directly into WRAG without a medical.

    I'm now waiting for news of what happens next as my ESA50 was sent in a month ago. I have a feeling this time I'm not going to be as lucky
  • Options
    LockesLockes Posts: 6,568
    Forum Member
    My daughter has just been placed in the support group for 3 years without a medical, I just filled in the form and sent it back
  • Options
    RichievillaRichievilla Posts: 6,179
    Forum Member
    This DWP document makes for interesting reading as it shows the large numbers being put into the Support Group and WRAG without a face to face assessment:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/223136/esa_wca_outcomes_paper_evidence.pdf

    I wonder if this is due to people being more aware of the need to send large amounts of supporting medical evidence with their claim form or due to the huge backlogs in the system.
  • Options
    SunnierSunnier Posts: 850
    Forum Member
    ✭✭
    My daughter has just been placed in the support group for 3 years without a medical, I just filled in the form and sent it back

    That is good news for you. :)

    With a General Election just 18 months away could there be a softening of approach ordered from number 10?

    The 'Help to Buy' housing scheme being another sweetener to,hopefully for them,accrue more votes?
  • Options
    LockesLockes Posts: 6,568
    Forum Member
    Sunnier wrote: »
    That is good news for you. :)

    With a General Election just 18 months away could there be a softening of approach ordered from number 10?

    The 'Help to Buy' housing scheme being another sweetener to,hopefully for them,accrue more votes?

    believe me they wont be getting any votes from this house :D, she has cerebral palsy so I think that may have a lot to do with it
  • Options
    jazzydrury3jazzydrury3 Posts: 27,074
    Forum Member
    ✭✭✭
    Hi i have just been given this link after being depressed all day.

    I got a letter on Saturday, saying that my benefits were changing, and that in the next 2 weeks I would get a phone call.

    I have Cerbral Palsy, and havent really been out of the house for 5 years, bar going down to my doctors surgery, as I get ulcers quickly plus depression.

    I have looked at the form inline, and where I can do mist of the stuff stated, mentally im fragile.

    Been heavily depressed since Saturday no sleep, soent all day today, either in here or slagging myself of in chatrooms.

    Am I worrying too quick, as I believe you get a month to send back questionnaire, then on the firm it says the assessment coukd take 3 months, am I worrying too early
  • Options
    phantom sneezephantom sneeze Posts: 1,064
    Forum Member
    ✭✭✭
    What determines weather you get put in the support group is if you have support staff or not or any input from social services.
  • Options
    Keyser_Soze1Keyser_Soze1 Posts: 25,182
    Forum Member
    ✭✭✭
    Hi i have just been given this link after being depressed all day.

    I got a letter on Saturday, saying that my benefits were changing, and that in the next 2 weeks I would get a phone call.

    I have Cerbral Palsy, and havent really been out of the house for 5 years, bar going down to my doctors surgery, as I get ulcers quickly plus depression.

    I have looked at the form inline, and where I can do mist of the stuff stated, mentally im fragile.

    Been heavily depressed since Saturday no sleep, soent all day today, either in here or slagging myself of in chatrooms.

    Am I worrying too quick, as I believe you get a month to send back questionnaire, then on the firm it says the assessment coukd take 3 months, am I worrying too early

    I wish you the best of luck and try not to worry too much although it will be very hard not to. :)
  • Options
    phepiaphepia Posts: 1,476
    Forum Member
    ✭✭✭
    What determines weather you get put in the support group is if you have support staff or not or any input from social services.

    What do you mean by input from SS please?
  • Options
    jazzydrury3jazzydrury3 Posts: 27,074
    Forum Member
    ✭✭✭
    I wish you the best of luck and try not to worry too much although it will be very hard not to. :)

    How long does it realstically take
  • Options
    Keyser_Soze1Keyser_Soze1 Posts: 25,182
    Forum Member
    ✭✭✭
    How long does it realstically take

    I do not really know what the average timeframe is - but perhaps other DS members will have far more knowledge on the subject? :)
  • Options
    phantom sneezephantom sneeze Posts: 1,064
    Forum Member
    ✭✭✭
    phepia wrote: »
    What do you mean by input from SS please?

    If you have a care package from social services, means they provide with direct payments or a package of care and you have a social worker from one of the social care teams, they fill in the forms for you and take responsibility for letters you receive from ATOS.
  • Options
    NilremNilrem Posts: 6,940
    Forum Member
    How long does it realstically take

    A friend got contacted in about February, received the form in about March rushing to get it filled in, then spent the next 4-5 months worrying about it, only to get told he didn't even need to go to a medical.
    Another friend from the same area got the form a month later and received his response (again no need for a medical), about two days later*.

    I think the main thing is to fill the form in fully and in detail, and to try and send supporting evidence if possible (IE a letter from your GP/consultant specifying how it affects your ability to do things, and how work can affect your health).

    One bit of advice I tend to give anyone filling any government forms in is to keep copies of everything, that way if the original gets lost you can just send a copy rather than start from scratch.


    *Which is partly how I remember it, as it struck me as very strange that two people in the same area despite having had the forms a month+ apart received the result within about 48 hours of each other (almost like they were doing the forms based on location rather than date sent out/received).. The other reason I remember is that one of them asked me to make copies of his form as I have an all in one laser (and it was easier for me to copy it than him go to the library)
Sign In or Register to comment.