When you got your result from the tribunal for ESA how long did they give it to you for? They don't usually recall you so quick. If I was you I would ring them up and tell them about the tribunals. I reckon it's just the usual cock up!

I hope it is just a mix up Eileen, you don't need all this so soon after the tribunal.
Fingers crossed for you.

Doreen xx

Hi Eileen,

The original decision , AND the Tribunal decision was about your health at the time of your Medical and claim in Late 2009 . This in effect means it has been a year since they have heard about your health .

However , when you attend a medical , there are two parts to this ... one is to see the extent of your "Limited capability for work" this will decide if you are fit for work , will have to go into the Work Related Activity Group , or can go in The Support Group.

If you are given enough points (15) to get into the Work Related Activity Group , then there is a second medical called the Work Focussed Health Related Assessment, which is supposed to concentrate on the difficulties you are likely to have in getting and staying in employment , and your views on these issues too.

This part of the medical is often done at a later date than the Limited Capability for Work part of the medical .It is quite possible that this is the case, as if they decided that you did not have "Limited Capability for Work (ie scored 0 points) from the first part of the medical, then you might not have had the second medical (since you would not have needed it) .

I would telephone ESA on 0800 055 6688 , choose the option for ESA and query what medical it is exactly. Ask whether it is the Work focussed Health Related Assessment. If it is then it is just the second part of the ESA medical and will not directly effect your claim.

I am sure this is the case, If it isn't then please get back here when you have checked .
I am also hoping you have received all the backdated Work Related Activity Component backdated to your 14th week on ESA :)

It should also be noted that if you are of an age where you can claim Pension Credit , that at present you are exempt from Work Related Activity and thus exempt from the second Work Focussed medical , although it appears this is not done automatically. This will change .

All the Best
Rich :)

Eileen

So sorry to hear of your troubles. We so have to fight for everything don't we. Rich is the
'disability king' so hope his advice helps you.

Good luck when you ring today.

Rose

Hi Eileen,

I've not been on the forum a lot of late, but can sympathise as many of us here have gone through similar experiences when dealing with the DWP. I was ill health retired earlier this year, and applied for ESA whilst I was off work and during the process of being retired. I went for an ESA medical and received 0 points, suffice it to say, I appealed, but also put in a complaint to ATOS in respect of the manner in which the Dr carried his examination, and lack of attention paid to the medical reports I submitted. During this period, I also applied for DLA, and was turned down. As part of the DLA's explanation for a negative outcome they used the information from the ESA medical. Again, I challenged the decision by arguing that the ESA examination is related to one's ability to work where as DLA relates to a person's mobility and care needs. In fact people do work whilst receiving DLA, and it helps them to stay in work.

I won my ESA tribunal and was placed in the "Support Group," and did not have to go for another ATOS medical. I also received an apology from ATOS with regards to my complaint and an acknowledgment that my examination by the Dr had failed to take into account the medical reports submitted, and the information that I had submitted in my ESA form. I did not have to go to a DLA tribunal and had a review over the phone, and received my DLA. I think it's outrageous that disabled people are being targeted like this and having to see ATOS doctors that haven't got a clue about RA, and who seem to be unaware of the fact that it is a variable systemic autoimmune condition associated with other illnesses. I am highly qualified and was in a well paid job, no body in their right minds would give-up work to become dependent on benefits if their health circumstances had not force them into this position.

Rich has provided some sound information and advice, and wish you good luck with your appeal. I am a member of a benefit advice site, which helped me a lot with mine. I can also send you information on how to appeal both a negative ESA and DLA decision; if you ring NRAS they will pass on my email address and I'll send you the information.

love,

Barbara
XXXX

Hi Everyone thanks for all your support.
I phoned the gestapo today and they have said that I do have to start all over again, after 12 months they automatically send out the ESA50 form and redo the medicals, so I have to go through it all again I am already feeling worse just stressing out thinking about what I went through last year, dont they realise the stress and upset of it all makes the genuine people worse.
I'm not sure what happens when you fail the medical whether they only pay the £65.30 per week but I know they will fail me, I am not that lucky to pass first time, I always have to fight for everything, just so the government can say they have cut back on sickness benefits,
when I had to go to the work related interviews at the DWP last year the person I saw told me they had even failed someone in a wheelchair who had cancer too and cleared them to work, so what chance does anyone have now with this government juggling figures.
Sorry to be on a downer but Im so tired of fighting everyone and the world, it just gets to me
will keep you informed, the medical is on 23rd November
Eileen xxx

Hi Eileen ,

don't give up .. that's why their figures look so good ..when they say 39 % give up their claim they basically include a large percentage of people who are forced to give up fighting and claim JSA because they are too ill to carry on fighting.

I also CANNOT agree with red dog about exaggerating as that opens up possible issues in the future, just do not underestimate and remember the bad days . Just because you can do something once in the medical does not mean that you can repeat it , or do it on a different day . This is often good cause to lodge an appeal.

Best option at the moment is to gather as much evidence as possible , from your GP, Consultant , and even friends who help you , as to what you are and are not capable of.
Print off the ESA descriptors HERE, and go through them with the above people , and send written replies from them to the Benefits Delivery Centre who handle your claim .(This should be at the top of letters from Job Centre Plus) On each sheet you send be sure to add your NI Number and date of Birth !.

Doing this can help the DWP Decision Maker make a correct decision based on ALL the facts rather than what you were like in a 20 minute "medical"
I would get this information ASAP so the Decision Maker has it when he receives the medical report.

It can also be handy to keep a diary if you can , highlighting bad days .

If you do not pass the medical .. appeal immediately on a form GL24 available at JCP's, to ensure that your ESA continues at the assessment rate. You can ask for a reconsideration , but this rarely changes the decision unless you have very good further evidence, and normally only delays the process further.You will then have to start getting "fit notes" from your GP. Contact with an advice centre is then the ideal route , even possibly to fill out the appeal GL 24, as you have to state what decision you are appealing against and why.( i have seen some filled out with the reason for appealing being that they would lose money... needless to say this appeal request would have been turned down, and a good appeal letter and evidence can change the Decision as it has to be reconsidered by the DWP before going to appeal)

If you do pass the medical .. i would ask for a copy of the medical report , to keep for future reference. You do this by writing to you Benefits Delivery Centre and stating when and where you had your medical , include your NI Number and Date of Birth and simply request your medical report.
Remember always keep copies of everything you send them , and preferably send everything recorded delivery, if possible.

I know it's a pain , but remember it is odds on that even though from March next year the Medicals are supposed to take into account fluctuating illness to a greater degree , the descriptors for Bending and kneeling will no longer exist .
Strangely though you are at a slight advantage as you obviously have the experience of the system AND you have the DWP Appeal bundle from May's Tribunal.

Let us know how it goes .
All the best
Rich :)

What issues are those then Rich? Most people consistently understate their medical condition either through ignorance of what is required or just sheer embarassment! It's a normal human reaction to make yourself sound better and healthier than you really are. Therefore a judicious use of exaggeration should bring you out about level! You've obviously got to use your common sense though.

I'm sure young Eileen will sail through it next time!

Can you really make it sound worse than it is?? I've had RA and Type 1 Diabetes for 22+ years after an injury at work. Accepted by the then DSS. I fail to see how I can make it sound any worse! Over that time I've ran the gauntlet of DSS medicals, job medicals and reviews and a seven year court battle! ( which our team eventually won. )

I appreciate your honest technical advice but I feel some people with less experience are getting well and truly stung by Atos.

I totally agree with what you are both saying but the top and bottom of RA v Disability funding /Working etc is during a flare up you cannot do what you usually do whether its making the bed or staying at work for 7 3/4 hours. And we all tend to forget how bad we were once the pain is under control. Its like giving birth - at the time its the worse thing in the world! but how many of us have more than one?

My rheumy nurse has just asked me to complete a diary and even I am amazed at the lack of ability and pain I experienced at the time and feel like a trooper when I read back what I've been through!

My advice would be "Keep a Diary" as rich suggested.

As for over exaggerating. We shouldn't have to. There are plenty of people who have the ability to work but "cant be bothered" In my opinion people who have a disability and feel as if they cant work shouldn't! I know what a great world it would be!! People who don't have a reason not to work should! The "over exaggerators are those who should be working! If only we could find a way to figure out who was who! Simples!

I like living in my own little world!!

Take care and good luck with your medical.

Lxx