employment and support allowance

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employment and support allowance

Postby justxme73 » Wed May 19, 2010 9:15 pm

i had my medical for esa 6 weeks ago. i just got the resuts back scoring 0 points and told i am fit enough for work!!! i think i must have been talkin in a foreign language because the doctor who did the medical has not listened to a word i said abt how fibro effects me. of course i am going to appeal against the decision. gawd everythin is a battle. i hope there are some employers out there who are very understanding to my needs, sleepin for upto 4 hours in an afternoon, my memory failure,the need for sittin down on the job, the breakdown of tears, raynauds attack....... i could keep goin on an on
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Re: employment and support allowance

Postby lesley45 » Sun May 23, 2010 2:58 pm

Hi justxme, Sorry your having these problems. I know exactly what you're going through as I am having to appeal to get esa too. I did score 12 points. How disgusting that they didn't give you any points. What are they trying to say that fibromyalgia doesn't exist! All I can say to you is keep battling on. :hugs:
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Re: employment and support allowance

Postby Paulus1962 » Sun May 23, 2010 5:39 pm

I have been reading some interesting information about the ESA medicals conducted by ATOS on http://www.whywaitforever.com/dwpatos.html and the problems experienced by this one person. It does make for funny reading in places when he describes the rings he has them running through. There are some useful links at the bottom of the page, including a link http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf to a pdf file which details the points awarded and what they are for.

Both are worthwhile if you have, or are about to have, any dealings with ATOS. I would imagine the 'points' section will come in particularly useful when appealing as I cannot see why anyone with Fibromyalgia would get less than the required points. I looked through it briefly and gained 124 points.
You can find my blog at http://paul-peacock.blogspot.co.uk/
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Re: employment and support allowance

Postby denys » Sun May 23, 2010 8:24 pm

Thanks Paulus makes interesting reading :shock:
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Re: employment and support allowance

Postby justxme73 » Mon May 24, 2010 8:43 pm

thanks for that, xx
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Re: employment and support allowance

Postby mikebach » Tue May 25, 2010 3:11 pm

I have a primary brain tumour and was so unhappy at my treatment by the DWP and Atos that I provided written evidence to the Parliamentary Inquiry and have published all my correspondence on my website http://www.whywaitforever.com/dwpatos.html, the contract and other information. Under the Freedom of Information Act I obtained an extract of the contract between the DWP and Atos. This states those with the medical condition "Fibromyalgia" come under the category "Tentatively invite to Medical Examination Centre".

Remember after submitting your ESA50 form you can and should ask for the medical justification in writing that a face to face assessment is necessary. Point out that you may want to ask the GMC to review the medical justification. The contract between the DWP and Atos is clear in respect of medical conditions that mean a face to face assessment is not necessary. An Atos appointment clerk will hound you. Be polite and just email Atos asking for the name of the medical advisor and the medical justification. Avoid the phone use email. You need to keep a full record of your correspondence.

Even if a face to face assessment is deemed necessary there are certain medical conditions listed in the contract for which the assessment must be carried out by a specialist in the particular medical condition or the medical advisor MUST contact your GP and or Consultant. My reading is that "Fibromyalgia" needs a medical advisor to contact your GP and or Consultant. If this was not done my understanding is that the Atos advice to the DWP was unsound. If travel to the assessment centre is adding to your stress, point this out in an email and insist on a domicillary visit (Atos will visit you at home). When they arrive, check they have specialist knowledge in your medical condition. I have heard of a number of instances where the health care professional has backed off at this point because if carried out the assessment would constitute an assult. You report them to the GMC and they would be in danger of being struck off. After the assessment make sure you get a copy of the medical report and that it was carried out by a "qualified" medical advisor as defined by the contract.

If you are denied an allowance, the stress of this can make your medical condition get worse. Ask for a reassessment. If like me you can’t write anymore the DWP will complete your ESA50 for you and send you a copy for you to approve. Remember they do not have access to your medical history and they are believed to be rewarded when they reduce the allowances that are paid out. Insist that the allowance is paid while investigations or reassessment is ongoing.

Remember the DWP appeal process does NOT deal with medical matters. It ensures the correct legal processes have been carried out. It is the Atos appeal process which has to be followed. In my case agreed that Atos provided unsound medical opinion to the DWP and have breached the contract between the DWP and Atos on multiple occasions. I have received the first part of compensation from Atos. Why the DWP is not enforcing the contract between the DWP and Atos is being investigated? We shall see if there are individuals in the DWP who have been subject to undue influence.

Nil desperandum.
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Re: employment and support allowance

Postby denys » Tue May 25, 2010 3:22 pm

Thanks Mike

We routinely get turned down for DLA and have to go to appeal wuth a large number of us being asked to go for medicals or having the health professional visit at home, I personally always assumed the person carrying out the assessment would be correctly qualified and so having read your post will no longer take that as read and will check credentials before being assessed. I'm sure everyone on the forum will be grateful for your help x
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Re: employment and support allowance

Postby justxme73 » Thu May 27, 2010 9:01 am

thanx mike,

when i received the letter tellin me i was fit for work it was just based on the esa medical i had,my gp hadnt been contacted or had they looked at the questionaire i had been sent. after reading your comments i am gonna find out the profession of who did my assesment and going to go cab with alll the literature i have an see if they can help me

also my dla claim was turned down because of information they had received from esa medical!!!
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Re: employment and support allowance

Postby sakara » Wed Nov 17, 2010 4:23 pm

New to posting here, but I've been reading the various posts here for ages and they've been very helpful. I thought id share my experience.

I currently had Incapacity Benefit until this week when it was stopped.
My medical assessment was done twice - First time by a nurse who stopped when i mentioned that i suffer intermittent sciatica. She said that's a neurological condition and that id need to see a doctor...Fibromyalgia is a in her words a simple condition that any nurse can check over!..um right. So that assessment was cut short and she said shed make sure i'd get an appointment with a qualified specialist doctor in neurology to see me. When i got the next appointment it was with a doctor, but when i asked if she were a specialist, she said no, i didn't need one, as shed seen many fibromyalgia cases before and that they didn't provide specialists...Right...what a load of rubbish.
I had trouble understanding her at times as she was Polish i think. I think she had trouble understanding me as when she asked if i enjoyed a social life and i said not really, she asked me again..and again. I explained to her that since having FMS I've lost the ability to do most of the leisure activities i once did and hardly go out these days. ( I told her i used to do alot of charity work with costumes, attending events and such. I also used to do alot of sport - swimming, cycling etc which i hardly do at all any more. When i do go out its with my partner and it'l be to the cinema, maybe once a month if i can manage it or to a friends house..going to parties is out of the question which i also used to do alot.)

I just got back the findings on my medical assessment and i got scored 3...what a joke. Reading back through the 'doctors' findings were blatant lies, or she didn't understand English as she wrote the complete opposite of what i had told her.She definitely didn't understand me!..The question about social life, yeah she said nothing has prevented me from enjoying leisure activities!

Ive now put in my appeal against the decision and during that few phone calls to various departments of the DWP,were told that the forms they send out - the IB65, telling you of the decision are over a year out of date and the information regarding what you can do has changed. Last year i went through all of this i claimed appeal rate income support, but you apparently cant get that now..its either JSA or ESA.
Although the person on the phone did mentioned something about i may get something else, he mumbled so much that at times i found it very hard to understand him too...eesh, dont they train these people to speak properly on the phone. He was nice enough, but god did her mumble.
What i am worried about is the meeting to see what work you are capable of?..ive done most types of jobs and each one makes my conditions worse ( i also have chronic fatigue syndrome and depression). That part really worries me, that they'l force me into a job i cannot do.

So now i wait for these new forms to come through, and go through the whole appeal process again. As of last year, i shall use the help of the CAB to write my appeal as they were nothing but wonderful.
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Re: employment and support allowance

Postby denys » Wed Nov 17, 2010 8:38 pm

Hi Sakara sorry you are having so many problems. :fingerscrossed: you get the right answer after your appeal. :goodluck2: we'll be routing for you :hugs: :wave:
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Re: employment and support allowance

Postby Baggsy » Fri Nov 19, 2010 2:13 pm

Hi I have only just joined this website and hello to all

I claimed DLA got turned down in December 2008 appealed and got high rate of DLA and lower rate of care in July this year in front of a tribunal. 4 days earlier I had a medical for ESA who have now stated I have zero points. I think the Doctor must have been writing a report on someone else. On that report it stated I declined to undertake certain movements which of course I did not. I simply explained that undertaking this movement would cause me extra pain. There were a number of anomalies which I will not go on about. Hence to say I am now appealing. The whole process is so stressfull and the thought of going through another appeal is a "right royal pain". The fact that I have had specialist treatment for pain and management of this for over 17 years. I am aghast as to the fact that "One" Doctor who has seen me once can make this assumption and all the other medics have stated differently. Another thing I am writing to complain about DWP staff attitudes to individuals. Some have been okay but some appauling.

Regard Baggsy
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Re: employment and support allowance

Postby denys » Fri Nov 19, 2010 5:47 pm

Hi Baggsy and :welcome: to the forum, sorry to hear that you are having to go through another appeal, but not surprised :goodluck2: with it all :hugs: :hugs:
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Re: employment and support allowance

Postby Baggsy » Mon Aug 08, 2011 12:50 pm

Would you believe it I appealed ESA a year ago and am still waiting for tribunal hearing :crazy: :penguin: :banghead:
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Re: employment and support allowance

Postby busy mummy » Tue Aug 09, 2011 8:59 pm

hey

not sure what i did right but i won my ESA tribunal. ATOS (charlatans) scored me 0 points from my medical. DWP upheld the decision, tribunal scored me 18 points.

i didnt appear, i chose not to. i went through the "medical report" from atos and answered each thing point by point, kinda like how you put together an NVQ.

happy to help anyone else struggling.

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Re: employment and support allowance

Postby Baggsy » Wed Aug 10, 2011 12:44 pm

Thanks I have a Welfare Rights Adviser coming with me. She appears very knowledgeable and belongs to the Council Social Inclusion Unit. Not looking forward to it though as have already been through one tribunal for DLA and won :dunno:
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