ESA not accepting Doctor's letter

I was sent a form to change to ESA from IB, filled out the form and at one point they must have phoned me I cannot remember but I do remember needing to have my doctor fax them a letter stating that I am unable to attend a medical I need to have someone come to the house. My doctor sent the fax describing my health problems in Sept. In December I get a phone call saying I have been placed in a work group and will be expected to come in for a face to face, I told her I could not and asked why they did not accept a medical professionals account of my health and why I needed a home visit. She said she did not know and they went by my answers when I filled out the form (Big Fat Lie). I was to wait for the letter and if I wanted to appeal I could.

I received the letter, wrote out why I disagreed with their finding (although they have not given me any reasons why), asked for a MR and their reasons for the decision, I had my Doctor write another more detailed letter which I included and sent it back well before the due by date so now I am just to sit and wonder when they will contact me and IF they accept my Doctors letter.

Since when can a government program or anybody ignore my Doctors word? I have always assumed a Doctors word ment something, how can they do this?

I have back injury gained from lifting my terminall Ill (now deceased) husband as I could get no help in caring for him about 14 years ago. This has lead to severe back pain, nerve damage down both legs causing electric shocks, raw incessant burning, numbness, itching and my feet go numb when I walk even a short distance, with one ankle giving out on me at anytime where I cannot put any weight on it for awhile. I use a walking stick but walk like I am drunk and the fear of getting stranded when I can no longer walk has made it so I have not left the house alone in over 5 years, except by taking my mobility scooter around to the doctors, I also have a damaged SI joint which adds to the pain party, as well as IBS, chronic gastritis, fibromyalgia, Interstitial cystitis, memory difficulties, severe anxiety, have panic attacks and depression. I'm sure I am missing something else. I use a mobility scooter to get around the corner to the doctors office but am to terrified to even try elsewhere on my own. I am lucky to have married again and my husband isvey good with my illnesses, he knew me when I was 'normal' and working 14 years ago. He leaves for work at 7am and gets home abt 7pm M-F so I don't have assistance during the day until he gets home. He also has to miss work to take me to hospital appointments and my doctors when I am too ill to attempt the mobility scooter. I also was refused DLA a couple years ago, but have reapplied again but I am not hopeful.

Nannawatts wrote: I was sent a form to change to ESA from IB, filled out the form and at one point they must have phoned me I cannot remember but I do remember needing to have my doctor fax them a letter stating that I am unable to attend a medical I need to have someone come to the house. My doctor sent the fax describing my health problems in Sept. In December I get a phone call saying I have been placed in a work group and will be expected to come in for a face to face, I told her I could not and asked why they did not accept a medical professionals account of my health and why I needed a home visit. She said she did not know and they went by my answers when I filled out the form (Big Fat Lie). I was to wait for the letter and if I wanted to appeal I could.

I received the letter, wrote out why I disagreed with their finding (although they have not given me any reasons why), asked for a MR and their reasons for the decision, I had my Doctor write another more detailed letter which I included and sent it back well before the due by date so now I am just to sit and wonder when they will contact me and IF they accept my Doctors letter.

Since when can a government program or anybody ignore my Doctors word? I have always assumed a Doctors word ment something, how can they do this?

I have back injury gained from lifting my terminall Ill (now deceased) husband as I could get no help in caring for him about 14 years ago. This has lead to severe back pain, nerve damage down both legs causing electric shocks, raw incessant burning, numbness, itching and my feet go numb when I walk even a short distance, with one ankle giving out on me at anytime where I cannot put any weight on it for awhile. I use a walking stick but walk like I am drunk and the fear of getting stranded when I can no longer walk has made it so I have not left the house alone in over 5 years, except by taking my mobility scooter around to the doctors, I also have a damaged SI joint which adds to the pain party, as well as IBS, chronic gastritis, fibromyalgia, Interstitial cystitis, memory difficulties, severe anxiety, have panic attacks and depression. I'm sure I am missing something else. I use a mobility scooter to get around the corner to the doctors office but am to terrified to even try elsewhere on my own. I am lucky to have married again and my husband isvey good with my illnesses, he knew me when I was 'normal' and working 14 years ago. He leaves for work at 7am and gets home abt 7pm M-F so I don't have assistance during the day until he gets home. He also has to miss work to take me to hospital appointments and my doctors when I am too ill to attempt the mobility scooter. I also was refused DLA a couple years ago, but have reapplied again but I am not hopeful.

Hi Nw,

Welcome to Benefits and Work

If you have been placed into The WRAG, then you are deemed as having Limited Capability for Work. (LCW) i.e. you are unfit for work.

To gain access to The Support Group (SG) you must also be deemed as having Limited Capability for Work Related Activity. (LCWRA) i.e. you are unfit to take part in work related activity as well as unfit for work.

A common mistake made by G.P.'s is that they state that their patient is unfit for work, this only helps with gaining access to The WRAG.

Even though a G.P.'s letter of support should help, ATOS Health Care Professionals (HCP's) are recognised as Approved Disability Analysts (ADA's) by the DWP and are contracted to carry out all medical service with respect to The ESA Works Capability Assessment. (WCA)

As a starting point, may I suggest that you have a read through the following, then pose any further queries that you may have by replying to this topic.

See : Qualifying for the Support Group

&

Our : ESA Claims Guides 3rd and 4th links down the page.

You may wish to read through the first two links also.

If you wish to gain access to The SG, you will have to show that your fulfill any one of : The SG (LCWRA)Schedule 3 Descriptors

From what you have written, you may wish to have a look at whether you fulfill Activity/Descriptor 1, :

"1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used."

" Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. "

If you can show that you fulfill that descriptor, that would be enough to gain entry to The SG.

As you will see, it includes walking using a walking stick, crutches or other such aids, and self propelling a manual wheelchair unaided. (Even if you have never been advised to use one or owned one.)

e.g. If you could not walk the 50 metres aided or unaided, nor could you self propel a manual wheelchair the same distance, then you should be considered as fulfilling Activity 1.

As you have spinal problems, Activity 2. may also be applicable, although you only have to qualify under one of the activities.

If you can't qualify under any of the above, another route is via : ESA Reg 35 for entry to The SG (LCWRA)

All this is explained in our guides.

As you are currently in The WRAG, see :

Work Focused Interviews

Work Programme

Although, once you have registered an MR/Appeal you should not be forwarded to The Work Programme.

See also :

Changes to ESA Sanctions

&

12 Month Limit for ESA(CB)

With respect to your ESA MR/Appeal, see ESA appeals : On this page.

See also :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

I know that there is a lot to take in here, so you may want to Favourite/Bookmark this page in your browser.

You can then return to it easily, and pose any further queries as and when they crop up.

We will try our best to help.

bro58

Thank you for the information, I will have a good read through tomorrow

Hi bro58, you said that I have been found to be unfit for work which is why they placed in the WRAG, they told me over the phone that I would be on ESA for 365 days then it will end. That sounds awfully harsh to me as I am to ill for jobseekers, never been assessed, so they are just leaving people with no income? I am hopeful the MR will have a good outcome or even if I have to go for an assessment that will settle it I hope as walking 50metres or pushing a wheelchair that far is not something I can do. I struggle with the go and stop leavers on it and have to alternate hands as one gets too weak causing an abrupt stop which is very painful.

How do they expect people to get there on mobility scooter? My husband will have to break it down to fit in the car and it's still really heavy and no good for his back (he retires in a couple years so no spring chicken). Then if for some reason they still have me in the WRAG he has to take more time from work to take me there and back when they call me in? It seems like there should be a better way, have others had this problem? I know it has to be common. I have asked for a carer to help me a couple days a week but never hear back anything.

I am also certain that I will have an asthma attack there (caused from or by anxiety), as they have become quite severe the last couple years. I've tried to go in public places with my husband and scooter and always have an asthma attack every time it's very frightening and I know one day I won't recover from one of them. Then as I stress about that I think they will just make another appointment to come back whilst I'm in the ambulance.

As expected I have to take my ESA work group decision to tribunal, I have the welfare rights people coming over to help me and they are confident I will get into the support group.

I went down to the job centre for my first meeting and as I expected they had to call paramedics for me, my husband was the one who brought me to the job centre as I cannot walk unassisted or travel alone. The lady I was assigned to said she was surprised I was not in the support group and gave me the welfare rights phone number. The paramedics told them the meeting was finished and wrote down that I was at a forced meeting under duress, my doctor now has the paramedics report and is doing another much more detailed letter for the tribunal. Such a headache!

On the great news side I have been awarded PIP at the daily living component standard rate and mobility component at enhanced rate. I guess down to the fact that they actually came out and did my medical assessment rather than making things up.

I know there are benefit and support services for PIP, but I don't know how to find them I did a search and only find information about filing for and appealing. I am in serious need of a handrail on my stairs does anyone know how I go about getting help with rails and such?