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ESA medical
- simon
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11 years 9 months ago - 11 years 9 months ago #109351 by simon
ESA medical was created by simon
Hi everyone.....I'd just like to share with you all my experience of the DWP and ESA medicals I have attended since December 2009
I first applied for ESA (after having found out I had Spino Cerebella Ataxia....a genetic disorder) in the sept of that year.
I went to the medical full of hope and cheer.......I was sent a letter a week later saying I only received 6 points and had a TOTAL capability for work.
I appealed straight away and after gathering much medical evidence I had a tribunal hearing 10 months later.....after 10 mins I was awarded 24 points by them and the DWP had to abide by it and back date my money.
I was supposed to be sent for a medical to update the DWP after a year from the tribunal date.....nothing came.
I had a standard letter from the DWP in November 2011 saying that if the new welfare reform bill went through Parliament I would lose all my payments at the end of April 2012.
I pre-empted them and sent a letter in to them in Jan 2012......basically appealing to them to put me in the support group......they acknowledge this and were waiting for 'Guidance'.
The following months and over a year they asked me (through my advocate) to send in copies of medical letters and EVEN a copy of the tribunal win as they hadn't a copy of it.
My Ataxia is progressive so between my tribunal 2.5 years ago and now, I have miraculously got totally better according to the 'Doctor'
I went for a new medical on the 7/8/13......and 2 days later they had made their decision and found me to NOT have a limited capability for work (a miracle has happened!)
Despite all the medical evidence and one of my consultants in Oxford saying in a letter, I am NOT fit for work and never will be.
I am having to go through all the waiting and stress again that I thought was over and done with the first time.
I would be glad to have anyones views on the situation.
I first applied for ESA (after having found out I had Spino Cerebella Ataxia....a genetic disorder) in the sept of that year.
I went to the medical full of hope and cheer.......I was sent a letter a week later saying I only received 6 points and had a TOTAL capability for work.
I appealed straight away and after gathering much medical evidence I had a tribunal hearing 10 months later.....after 10 mins I was awarded 24 points by them and the DWP had to abide by it and back date my money.
I was supposed to be sent for a medical to update the DWP after a year from the tribunal date.....nothing came.
I had a standard letter from the DWP in November 2011 saying that if the new welfare reform bill went through Parliament I would lose all my payments at the end of April 2012.
I pre-empted them and sent a letter in to them in Jan 2012......basically appealing to them to put me in the support group......they acknowledge this and were waiting for 'Guidance'.
The following months and over a year they asked me (through my advocate) to send in copies of medical letters and EVEN a copy of the tribunal win as they hadn't a copy of it.
My Ataxia is progressive so between my tribunal 2.5 years ago and now, I have miraculously got totally better according to the 'Doctor'
I went for a new medical on the 7/8/13......and 2 days later they had made their decision and found me to NOT have a limited capability for work (a miracle has happened!)
Despite all the medical evidence and one of my consultants in Oxford saying in a letter, I am NOT fit for work and never will be.
I am having to go through all the waiting and stress again that I thought was over and done with the first time.
I would be glad to have anyones views on the situation.
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago #109355 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical
Simon
You posted about two months ago about your appeal, as the Decision you were attempting to appeal was the result of a Tribunal hearing, our view was that there could be no appeal as it should have been made to the Upper Tribunal not the DWP and you were outside of the period for you to make such an appeal. Have you heard anything more about this?
In regard you latest assessment.
Did you use our ESA Claim guides when you completed the ESA50?
I am assuming your ESA is not currently in payment or were you eligible for Income Related ESA?
The ESA Descriptors and Regulations have been updated twice since your previous assessment (2009?) so it is certainly possible for someone to have qualified then and not be eligible now.
Our recommendation is that you appeal the Decision, have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any further questions, please reply to this post.
Gordon
You posted about two months ago about your appeal, as the Decision you were attempting to appeal was the result of a Tribunal hearing, our view was that there could be no appeal as it should have been made to the Upper Tribunal not the DWP and you were outside of the period for you to make such an appeal. Have you heard anything more about this?
In regard you latest assessment.
Did you use our ESA Claim guides when you completed the ESA50?
I am assuming your ESA is not currently in payment or were you eligible for Income Related ESA?
The ESA Descriptors and Regulations have been updated twice since your previous assessment (2009?) so it is certainly possible for someone to have qualified then and not be eligible now.
Our recommendation is that you appeal the Decision, have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any further questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Buckie
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11 years 9 months ago - 11 years 9 months ago #109356 by Buckie
Replied by Buckie on topic ESA medical
Good read Simon... I am in a similar predicament although not so far back. Oct 2011.
I could not walk up to the examination room without stopping twice and as the Doctor stood at the door just watching, I basically crawled into the room saying, I hope your not expecting me to do further exercises for a while... All he said was It was not that type of medical but more of an examination with questions.
I too received only 6 points and a nice letter saying I was fit for work again. I have appealed but still await a date ? I too will run over and not be entitled to benefits from Dec I think, so hope it's before then. If not, I'll go Self Employed, register for Working Tax Credits, and do nothing !!!
I won my DLA Appeal with flying colours so can't see how if I couldn't walk for that, I could walk for ESA ?
Keep your chin up, It's a hard slog but you'll get there...
PS Gordon, If I've been keeping up paying my Self Employed Stamps going myself, will I still be entitled to contribution based ESA ? After all, I've kept paying my stamps while I've been off ...
I could not walk up to the examination room without stopping twice and as the Doctor stood at the door just watching, I basically crawled into the room saying, I hope your not expecting me to do further exercises for a while... All he said was It was not that type of medical but more of an examination with questions.
I too received only 6 points and a nice letter saying I was fit for work again. I have appealed but still await a date ? I too will run over and not be entitled to benefits from Dec I think, so hope it's before then. If not, I'll go Self Employed, register for Working Tax Credits, and do nothing !!!
I won my DLA Appeal with flying colours so can't see how if I couldn't walk for that, I could walk for ESA ?
Keep your chin up, It's a hard slog but you'll get there...
PS Gordon, If I've been keeping up paying my Self Employed Stamps going myself, will I still be entitled to contribution based ESA ? After all, I've kept paying my stamps while I've been off ...
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #109362 by Gordon
I am not sure how this would work, are you doing Permitted Work?
If not, then I think you need to get face to face advice as I am not sure how your remaining self-employed works with ESA and in particular NI Class 2 Contributions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical
Buckie wrote: PS Gordon, If I've been keeping up paying my Self Employed Stamps going myself, will I still be entitled to contribution based ESA ? After all, I've kept paying my stamps while I've been off ...
I am not sure how this would work, are you doing Permitted Work?
If not, then I think you need to get face to face advice as I am not sure how your remaining self-employed works with ESA and in particular NI Class 2 Contributions.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Buckie
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11 years 9 months ago - 11 years 9 months ago #109365 by Buckie
Replied by Buckie on topic ESA medical
Thanks for that Gordon... I'm not sure myself about my class 2 national Insurance Contributions too, as I've never been told to stop paying them so I've just kept paying them. So in reality when they check, I will have full contributions !!! 
I'll ask the DWP about it, although I guess I know there answer !

I'll ask the DWP about it, although I guess I know there answer !
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #109367 by Buckie
Replied by Buckie on topic ESA medical
Sorry, I'm not working at all too...
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