Lost ESA tribunal. What now?

NinaSp

Hi everyone,

I’d never thought I’ll need help on a forum like this one.

In Feb will be two years since that horrible night when I woke up with enormous pain in my shoulder and low back. It was the start of my nightmare journey.

In 2008, I registered for JSA and was referred to ESA. Two ATOS medicals went fine, on third one I got only 6 points – (16.06.10). I did get help from local CAB, unfortunately, the CAB has lost the contract with the LSC for welfare benefits advice and I couldn’t get any help in two other CABs. Anyway, I appealed and went on hearing (06.12.10) having only a letter from my GP to support me. The letter said about my history and concluded “I’m at quite a loss as to the cause of her symptoms but they are definitely severe and genuine in nature. She has taken various analgesics including Co-codamol and Tramadol with little effect. I’m now in process of referring her onto the Pain Clinic for further management of her severe pain”.

I’m depressed for long time now and on last appointment with GP I was advised to start taking antidepressants instead of painkillers because they can’t go together. Almost two years now since I sleep/lay down only on left side, do my cooking on ironing board instead of worktop (lower surface makes it easer for me), do washing up only in sitting down position, can’t put cattle on with more then one mug of water in it, can’t concentrate and do very silly things, etc. I can’t do any physical exercises because a nerve in my left shoulder and I can’t walk anymore without walking stick. Most horrifying thing’s that I see my condition has worsened and I feel like I’m going down.

Having seen me leaning on their desk and constantly changing position, First-Tier Tribunal made decision: “The appellant does not meet the threshold of Limited Capability for work and is not entitled to ESA and/or related credits from 16.06.10 The descriptors satisfied in Schedule 2 ESA Regulations are: standing 2e 6 points, Sitting 2f 6 points. However under ESA Regulation 19 (6) only one of these descriptors can be counted in the final score. Total score for ESA purpose is 6 points”.

Please can you advise what shell I do now? I can't claim JSA as I’m unable to work but is no longer entitled to ESA. Right now I can’t turn my hitting on because I have no idea when I’ll have some money.

Any advice will be much appreciated.

Thank you.

maria09

Hi Nina,
Im so sorry you are having a bad time
I cant really offer any advice but would like to give you my support
One thing I do know is your GP is wrong you can take anti depressants & painkillers I do. I take Paracetamol & Tramadol with my happy pill so check again I think he is trying to fob you off
Take care & know everyone on here is here for you
Love Maria x

tjt6768

Hi Nina, again sorry for what you're going through, I'm also on painkillers and happy pills so you really must go back to the gp.
I'm not sure if I can give any advice, its many years since I went through the tribunals. I had the help of DIAL, if you look online they may be able to advise?

Tony x:))

dreamdaisy

I have no idea what the next step for you is: you do need help and advice, you could try ringing the helpline here, they have a wealth of information, surely also there is a benefits helpline, or something similar, that could also give you advice etc. I know what it is like to live with chronic pain, it does pull one down, no doubt about that. I am surprised that no-one has been able to diagnose exactly what is going on with you - having a name to one's condition can make a difference. Has your GP ever referred you to any sort of specialist? I wish you well. DD

elnafinn

Hi Nina

You most certainly do have such a lot going on at the moment and I am so sorry.

I too would strongly advise that you phone the helpline here on 0808 800 4050. They are a most helpful, knowledgeable team, totally decicated to helping any caller as much as they possibly can.

From what other peeps are saying on here about medication that you are being denied since you have been put on antidepressants, I would get back to your gp or another gp even. GPs do differ greatly in helpfulness and knowledge.

Why not have a quick word with your local pharmacist. You will feel more confident when discussing the combinations of medication with your GP. Knowledge is power!

I do hope you can get something sorted fairly soon.

Hugs
Elna x

woodbon

Hi You can claim again straight away if your condition is worse. You should claim again if you are worse, I'm in the position of having tests and seeing another specialist for something that isn't related to arthritis, my appeal is next week, so I rang the tribunal number on the paperwork they gave me and got the information from them, they were quite helpful, which surprised me! You could try that or maybe the jobcentre, they should know, you must be able to do something. I hope that things can be sorted out for you. The ESA is all so complicated and I'm so sorry things are going wrong for you. Talking to the helpline (number on the top right of the page and free) they are very good and helpful, they have booklets that they can send you if thats needed. Good luck, and keep in touch with us!
Love Sue

Wendy248

Hi Nina
Sorry to hear about the bad time you've had with your ESA. I have had really bad pain in my lower back, ankles and hands for years but thought nothing of it, but back in January this year I started to get a really bad pain in my knee, it went on for about 2 months and I finally went to see my GP, she did all the usual test and my blood tests cam back negative for rheumatoid factor but my white blood count was high and the inflammation markers were also high, had to go back several times to have the tests repeated and was then referred to a rheumatologist who did more test and said it was likely that I had RA.

I applied for ESA and had the medical assessment and my score was 9 even though he noted my obvious discomfort in sitting or standing for longer than 5 minutes at a time and also my inability to bend down or kneel, I was therefore told I did not meet the requirements for ESA!! They did not contact my GP or the Consultant Rheumatologist to get any further info or to check the info I supplied, I immediately wrote back to them to appeal and was told it could take up to 3 months for the appeal to be decided, however 2 weeks later I got a letter from them saying my appeal had been successful and I was now on the higher rate and was in the work related category, I didn't even have to go to a tribunal hearing or have a second medical assessment. After this was all sorted the consultant confirmed in June I had Inflammatory Arthritis but they are still not sure if it is Rheumatoid or Psoriatic. They started me on Sulfasalazine in June but as yet there have been no improvements!!

I am on antidepressants and have been for years and I am also on strong prescription painkillers, there is no reason why you can't be on both, go back to your GP and ask for both and also ask to be referred to a Rheumatologist they know a lot more than your GP and once you've done that then re-apply for ESA.

Hope this helps

Wendy

sharmaine

Hi Nina

It may be worth you going to the Citizens Advice Bureau for some help.

Sorry to hear your news.

Sharmaine

NinaSp wrote:

Hi everyone,

I’d never thought I’ll need help on a forum like this one.

In Feb will be two years since that horrible night when I woke up with enormous pain in my shoulder and low back. It was the start of my nightmare journey.

In 2008, I registered for JSA and was referred to ESA. Two ATOS medicals went fine, on third one I got only 6 points – (16.06.10). I did get help from local CAB, unfortunately, the CAB has lost the contract with the LSC for welfare benefits advice and I couldn’t get any help in two other CABs. Anyway, I appealed and went on hearing (06.12.10) having only a letter from my GP to support me. The letter said about my history and concluded “I’m at quite a loss as to the cause of her symptoms but they are definitely severe and genuine in nature. She has taken various analgesics including Co-codamol and Tramadol with little effect. I’m now in process of referring her onto the Pain Clinic for further management of her severe pain”.

I’m depressed for long time now and on last appointment with GP I was advised to start taking antidepressants instead of painkillers because they can’t go together. Almost two years now since I sleep/lay down only on left side, do my cooking on ironing board instead of worktop (lower surface makes it easer for me), do washing up only in sitting down position, can’t put cattle on with more then one mug of water in it, can’t concentrate and do very silly things, etc. I can’t do any physical exercises because a nerve in my left shoulder and I can’t walk anymore without walking stick. Most horrifying thing’s that I see my condition has worsened and I feel like I’m going down.

Having seen me leaning on their desk and constantly changing position, First-Tier Tribunal made decision: “The appellant does not meet the threshold of Limited Capability for work and is not entitled to ESA and/or related credits from 16.06.10 The descriptors satisfied in Schedule 2 ESA Regulations are: standing 2e 6 points, Sitting 2f 6 points. However under ESA Regulation 19 (6) only one of these descriptors can be counted in the final score. Total score for ESA purpose is 6 points”.

Please can you advise what shell I do now? I can't claim JSA as I’m unable to work but is no longer entitled to ESA. Right now I can’t turn my hitting on because I have no idea when I’ll have some money.

Any advice will be much appreciated.

Thank you.

barbara12

Hi Nina
I just want to send you my support, I know there are quite a few people on here being turned down for different benefits.
I hope that Dorcas see this , she should be able to give you some advice, has she is going through the same.
I do hope you put in an appeal, good Luck with it.
Barbara xx

dorcas

Hi Nina,

I'm so sorry to hear that your appeal has been turned down and that you now have financial worry as well as your condition to cope with.

You can submit a fresh ESA claim... as it's been 6mths since your last claim so I would urge you to do that as soon as possible... but you will need to attach a doctor's 'sick-line' to the claim form, or it will be knocked back.

When you receive the claim form make sure that every detail is correct and if there are any discrepancies phone the dwp and make sure they send you out an amended document.

Following that you will be sent the medical questionnaire to complete ...How you fill in the form is very important. If you do not put something down on the form at this stage, it is less likely that a decision maker or an Appeal Tribunal will accept that you have difficulties which you only mention later.
Here are some tips for completing the questionnaire:

1. Read the notes on the form before answering the questions. Take your time. It may help to write your answers on a separate piece of paper first.

2. The questionnaire is designed to assess your ability to carry out a range of everyday physical and mental activities. It is not about the job that you used to do. The test is whether you are reasonably capable of doing some kind of work, given appropriate training.

3. Don't assume that you have to be unable to do everything in the questionnaire to pass the test. For example, if you have a back problem you would not normally have sight problems, or difficulties using your hands. However, you might have considerable problems with standing or bending, which may be enough to pass.

4. Think carefully about how well you can manage each activity. You should not just think about whether you can do it once, but whether you could repeat it. If doing something causes you pain or leaves you exhausted, you should say so. Use the spaces below the questionnaire to explain this.

5. Try not to guess distances and times. It can be surprising how much people over- or underestimate them. For example, if you can only sit for a short length of time, how far through a television programme can you sit before you have to move? The form gives you some suggestions to help you. If you are not sure how far you can walk, try asking a friend to pace it out for you. Use the spaces below the questionnaire to explain how you have measured your ability.

6. Many people have 'good and bad days'. You should complete the form based on your bad days. You should then state that your condition is sometimes not as bad as this. If necessary, estimate on average how often you could perform the activity and how often you could not.

7. Write any extra relevant and important information that you have not already mentioned, such as if you have had to give up work for medical reasons, in the space at the end of the form for additional information.

8. If you are completing the Mental Capabilities section, you should try to give as much detail as you can about why you find something difficult. Try to think of a particular example of when something happened and how it affected you, or when you tried to do something and the problems that you had. For example, if you have problems avoiding danger, you might describe what happens when you try to use a cooker, such as forgetting to switch it off or not checking that the gas has caught light.

9. It is a good idea to keep a copy of your answers.

10. The test is based on how many points the decision maker awards you. To be assessed as having "limited capability for work" you must score at least 15 points for either physical or mental capabilities, or a combination of both.

.......so take plenty of time to complete it. The more information you give them regarding your medical condition and the impact this has on your day to day 'function' and abilities the better.

I'd also suggest you attach copies of any medical reports that you have to support your claim as the points awarded are based on the completed questionnaire, medical information and the ATOS assessor's own assessment.

I'm sorry you're having to go through all this again but hope that you will be more successful second time 'round.

good luck Nina... and please be assured you're not alone with this. :!:

Iris xx