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ESA assessment on Friday. Help!

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11 years 2 weeks ago - 11 years 2 weeks ago #120789 by KittyFalol
ESA assessment on Friday. Help! was created by KittyFalol
Hi everyone! What useful site, I'm so glad I found it. I only wish I'd seen it when I filled in my ESA form...

I've been on SDA for nearly 20 years and I've never been able to work due to a couple of chronic pain conditions. I've just been looking through the site and realised that I made quite a big mistake on my form. I ticked that I could mobilise for 50 metres (as there wasn't a box for less) although I did later write that every step is painful.

My GP hasn't been too helpful either as he told me that "everyone is being found fit for work, unless you're sitting there with no arms and legs" and he refused to write me a supporting letter.

Unfortunately I have no supporting medical evidence, other than a basic medical history as my spinal surgery was 26 years ago and I was discharged from the pain clinic nearly 18 years ago as they said there was nothing more that they could do for me.

I'm thinking that my chances are getting into the support group are nil. What do you think? Is my doctor right?

I'm getting myself into a bit of a state about Friday, I just think I'm going to be a wet blubbering mess, unable to get my point across...
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago #120794 by Gordon
Replied by Gordon on topic ESA assessment on Friday. Help!
Kitty

If you have not had the face to face assessment yet then there is a chance to correct the problem with your ESA50, you can write to both ATOS and the DWP office dealing with your claim to update the information and explain why you ticked the box.

I have to warn you the DWP Decision Makers tend to favour the information on the ESA50 over anything that is sent in afterwards but you have nothing to lose by trying.

It is very difficult for us to predict how successful any particular claimant will be, certainly having no up to date medical evidence will not assist your claim but it may still be possible to provide some relevant evidence.

I am afraid that it is becoming frequent for GP's to refuse to help claimants with their benefit claims, however, you are entitled to get access to your medical records and it may be that there are useful documents in this that you can still use. Even an old report can still be useful if you can also show that there is unlikely to have been any improvement in your condition in the intervening years.

Requesting your medical records

Charging for medical records

There is a similar process for accessing your hospital records.

If you any further questions, please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: chrissy v, KittyFalol

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11 years 2 weeks ago - 11 years 2 weeks ago #120838 by KittyFalol
Replied by KittyFalol on topic ESA assessment on Friday. Help!
Thank you so much for your reply and the advice about medical records. I fear it's a bit late to access my medical records by Friday, but I'll definitely be looking those up, if and when I get my rejection letter :( I really wish I hadn't buried my head in the sand...

I have one other question. It says to bring any aids with you that you use. I have a walking stick that helps with my hip condition, but holding it gives me a sharp pain in my neck and shoulders, so I tend not to use it much, as the resulting pain tends to outweigh any initial advantage the stick might give. Should I take the stick anyway? I've explained why I don't use it much in my letter. Also, I have 3 heat pads dotted around the house for my spinal pain. Might it be useful for me to take one of those?

Thank you again for your reply :)
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago #120839 by Gordon
Replied by Gordon on topic ESA assessment on Friday. Help!
Kitty

An aid is something that helps the claimant perform a function e.g. walking and a walking stick, ATOS and the DWP are entitled to consider the use of an aid which the claimant uses or it is reasonable to assume that someone with similar problems would use.

The important thing is to have explained any such usage on your ESA50 and even more importantly, when the usage is not reasonable, a good example of this is the Mobility test (question 1 on the ESA50), where the usage of a manual wheelchair is assumed. so it is not enough to show that you cannot walk 50m but you must also show that you cannot self-propelled a wheelchair over this distance as well.

They ask you to bring any aids with you that they can assess whether the aid is appropriate for the usage, I would not normally expect a heat pad to come under this heading but if they alleviate your symptoms and allow you to walk further then they are something they might consider.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KittyFalol

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11 years 2 weeks ago - 11 years 2 weeks ago #120844 by catwoman
Replied by catwoman on topic ESA Assessment on Friday Help!
Hi Kitty, I am new to the Forum,and saw your post this morning.
I too made mistakes in the filling of form ESA50 regarding mobility, I never had to attend a medical
and was awarded ESA and put in the WRAG group, I then went on to do a MR received my reply and
they still kept me in the WRAG. I therefore decided to appeal, and on the 22nd of April filled in an
SSCS1 for tribunal. In the box provided I mentioned how I had not filled in the form to the best of
my ability, due to my condition I have M.E. and went on to state how it affected me. This was then
posted of and I awaited for my hearing date.

Unexpected only yesterday I received a phone call from the DWP, regarding this and after a long phone call totally to my surprise they said they would be overturning their decision and place me
in the support group!!!! I am still in shock.

My message I know is different to yours but I hope you can take something positive from this,
and all I can say to you for tomorrow is just be honest with them, and good luck - I hope it goes well for you.
Last edit: 11 years 2 weeks ago by .

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11 years 2 weeks ago #120850 by Gordon
Replied by Gordon on topic ESA assessment on Friday. Help!
L

Thank you for your post and congratulations on the SG award.

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

Gordon

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

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