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annoyed ESA turned down!! Options
barbara-o
#1 Posted : Friday, March 05, 2010 1:57:51 PM Quote
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Absolutely livid, I've been turned down for ESA and only scored 6 out of the 15 points. Suffice it to say I have appealed against the decision and cannot understand how the doctor on that day came to the conclusion that I am fit to return to work. First and foremost, I've only just started Anti-TNF treatment and not yet noticed a great deal of improvement. Secondly, I have 4 prolapsed discs, a damaged liver and a growth in my adrenal gland and suffering from depression! How can a doctor come to the conclusion that I can sit without out discomfort and pain is beyond me when I have had several scans that have shown clearly damages to a number of joints?

When I was "examined" by this doctor I was in so much pain the following day. He made me lift my arms and legs when it hurt, and duly told him that what he was doing was causing me pain. I know I'm not the only person who has been treated this way, but I'm so angry I could burst a gasketMad and need to vent my spleen.

ATOS are a private company and their contract renewal like everywhere else is based on performance targets - getting as many people off ESA as they can. The doctors are not specialist, and do not take into consideration any medical reports or scans documenting evidence of a person's illness/disability. The whole thing is a farce and a ploy to put people off from appealing and claiming the benefits they're entitled. I have worked since the age of 16, and cannot understand why people are being treated like this!

Anyway, I have appealed and under the Freedom and Disclosure of Information Act have requested a copy of the ATOS doctors report and will take it to pieces to see exactly how the doctor "evidenced based" his practice that led him to the conclusion that I am fit to work when I am clearly not!

I have received a claim form for DLA and now wondering if it's worth applying for when I have been turned down for ESA?

Sorry for going on like this, but I feel so angry,

love,

Barbara
XXXXX
sylvia
#2 Posted : Friday, March 05, 2010 3:06:46 PM Quote
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hi babs, i know how you feel the doctor who visited me asked me to lift arms above head i told him it was sore he said lift as far as i could, he asked if i went out i said i did with my daughter in the car, he asked where i said asda as it is near me we go for coffee, he wrote in my report i could walk round asda,i was turned down for DLA, but i have appealed sometime i wonder if its worth it, but i will keep trying dont give up thats what they want you to do sylviaxxx
jeanb
#3 Posted : Friday, March 05, 2010 3:14:32 PM Quote
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Oh Barbara - what can I say? I am just astounded, and also very, very cross on your behalf. The whole system is a complete farce. How on earth can they turn you down when you can only just manage to walk, albeit in severe pain?

I'll keep everything crossed now for the appeal.

Don't let the barstewards grind you down!

Much love
Jeanxxxxx
barbara-o
#4 Posted : Friday, March 05, 2010 3:16:11 PM Quote
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Thanks Sylvia, yes I do know what they're up to, and boy will I put in an appeal and will ask them how they based their evidence to reach the conclusion that I am fit to go back to work.

I'm thinking of approaching a disability rights lawyer as too many people are being fobbed off. It makes you wonder what happens to the people who do not have the resources or who are too vulnerable to appeal? It's sad that only the people who know how, or those who receive support, are likely to be successful with an appeal.

love,

Barbara
XXXXX
dorat
#5 Posted : Friday, March 05, 2010 3:31:34 PM Quote
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This has made me so angry Barbara, because I know you would far rather be working that suffering as you are now.
I get the impression that these people and the DLA people have decided that the only way they can stop those that fiddle the system is to refuse everyone! ThumbDown
If everyone appeals they will soon see that this won't work.
Good luck with your appeal, and with yours too Sylvia.

Doreen xx
Damned76
#6 Posted : Friday, March 05, 2010 3:55:24 PM Quote
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This is outrageous Barbara. Good luck with the appeal.

Julie
prioryc
#7 Posted : Friday, March 05, 2010 4:22:34 PM Quote
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I am so angry and upset on your behalf Barbara but not a bit surprised at this outcome. Sometime last year I did some training around this with the Child Poverty Groups and this is just what they said would happen to the majority of claimants. It seemed that the only people to get the 15 points automatically were those who had cancer and were on treatment except if it was breast cancer as that they have deemed curable; pregnant women whose health posed a risk to themselves or their unborn child and those who cannot walk at all. The rest was a lottery and the outcome came from the person who assessed you and the target set on the day. my personal experience to date has been that those clients who have personality disorders have also been given the 15 points and some clients with severe, enduring and chronic mental health problems.

I am so glad that you are going to run with this, indeed you have no option but to do so and wish you success. You may find the elegibilty criteria under 'THE LAW RELATING TO SOCIAL SECURITY' Supplement no 86 (March 2009). Also look under 'EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2008'. I do have the documents here in front of me but they would only be specific to each individual. I could copy and send them to you if it would help. Doreen would give you my e mail address if it is useful to you I am sure, and we can take it from there.

Don't let it get you down. You have more than enough to contend with. We are here to support and help if we can. Use us.

Eleanor x
jenni_b
#8 Posted : Friday, March 05, 2010 6:53:28 PM Quote
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oh Barbara- how awful. Blooming awful!

I dont know what I can say helpfully only you should 100% fight this
Morons, what are they doing in these jobs- supporting disabled people my arseMad !!!
how to be a velvet bulldoser
Blue Star
#9 Posted : Friday, March 05, 2010 7:13:27 PM Quote
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That terrible Barbara i would definitely appeal !

Sophie x
barbara-o
#10 Posted : Friday, March 05, 2010 7:23:38 PM Quote
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Thank you all for your continued support. Eleanor thank you so much for the offer, I will email Doreen tomorrow as tonight I need to down a few glasses of wine!!

I have a welfare rights colleague at work and he has offered to help me in the past and know that he will help with the appeal. I've been advocating for vulnerable and disabled people's rights for years, but never would have thought that I would be in this position; naive or what!

Yep Jenni, I will give these "Morons" a run for their money so they wont know what hit them Mad. Can I borrow your Red Boots?

love,

Barbara
XXXXXX
Kathleen_C
#11 Posted : Friday, March 05, 2010 9:08:22 PM Quote
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Oh Barbara, I am so very sorry, and so very angry at what has happened. Why oh why is it always the genuine cases who get continually kicked in the teeth?

Hope you fight it, and win in the end.

Take care,

Kathleen x

lizziemouse
#12 Posted : Friday, March 05, 2010 10:47:41 PM Quote
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oooh Grrrrr!! This gave me a tension headache just reading - ....it made me so CROSS!
Now B, it's time to take a few deep breaths, ...stay calm - 'cos i got a very strong feeling this is only a temporary blip ~ u seem to have the more than the right ideas for action ~ especially gaining copy of report via freedom of info act - good thinking!

Now think its definitely time for a l'il glass of wine or two ~ i think i'll join u!

Take care, stay positive - & come on now ~ Bottoms Up! ;)
Lots of love Liz xxxxx
Sharon-D
#13 Posted : Saturday, March 06, 2010 9:34:19 AM Quote
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ThumpUp

Hello Barbara

Just been reading about you being turned down for DLA I have had RA for 8 years I know what you are going through. I got DLA because I had a back operation 10 years ago but when the 3 years were up to claim again I was refused. I appealed and I got it back. You must appeal and don't give up that maybe what they want everyone to do!!! I know it's hard to keep going but that's what we got to do. Not only do we suffer physically but like you say mentally too!! I habe had depression and thats bad enough.. So keep going Barbara!!!

LoveSharon-D (New member)
barbara-o
#14 Posted : Saturday, March 06, 2010 12:40:14 PM Quote
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Feel very touched by the kind responses to my post. Despite feeling low and brow beaten I intend to tackle the DWP HEAD ON, and will give them a run for their moneyThumpUp

"THE PARTY AIN'T OVER UNTIL THE FAT LADY SINGS" and this one is singing!!!!!Tongue Tongue

love,

Barbara
XXXXXX
jenni_b
#15 Posted : Saturday, March 06, 2010 2:40:36 PM Quote
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red boots on my avatar- ready for borrowing any time!!!!Mad

Jenni xx
how to be a velvet bulldoser
barbara-o
#16 Posted : Saturday, March 06, 2010 4:51:24 PM Quote
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The boots look perfect Jenni, do they have steel capped toes?
FIONA752
#17 Posted : Saturday, March 06, 2010 6:39:59 PM Quote
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Dear Barbara,
I am so sorry to hear about the struggle you are going
through to get the Benefits that you are entitled to!
I agree with you - it is all down to getting lucky with the person who
assesses you on the day and the targets!
The stress of all this is just not good for R.A sufferers! But please
fight for your rights, as I am certain you will.
It is an insult to all of us that you have been treated so badly
by the "system", especially after having spent years helping others to
know their rights.
Best wishes,
FionaHuh
FIONA752
#18 Posted : Saturday, March 06, 2010 6:41:50 PM Quote
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P.S. Barbara, definately apply for D.L.A!
Good luck,
FionaHuh
Glenys-H
#19 Posted : Saturday, March 06, 2010 8:44:53 PM Quote
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Well said Barbara I wish you luck.I wish I had your strength, it's absolutely right what Fiona says.
LynW
#20 Posted : Saturday, March 06, 2010 8:51:21 PM Quote
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Location: Thornton Cleveleys
Just to offer my support on this one. Totally agree with previous thoughts so won't repeat!
Thinking of you and hoping the task ahead isn't too stressful and daunting and the outcome successful.

Lyn x
My son, Ian, completed the BUPA Great North Run on 15th September running for the National Rheumatoid Arthritis Society (NRAS). You can read his story at http://www.justgiving.com/ianlukewilson

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