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ShulaArcher
ShulaArcher Non-active member Posts: 174
edited 20. Dec 2012, 16:29 in Living with Arthritis archive
Hi everybody

Came back from lovely week-end with family in Cumbria to find letter saying I am capable of work, following my ATOS assessment, and therefore will get no more ESA. The description of me and what I am capable of doing bears no resemblance to the me I know. In particular, no mention of my severely painful hands, which is the most relevant part of me. Have started writing an appeal. Trying, with my husband's support, not to get too upset by all this. In a nutshell, if I was able to do my last job, which I loved, I would still be there. I resigned at the end of August with the reluctant acceptance that I wouldn't be able to return.

All for now . . .
Shula

Comments

  • villier
    villier Non-active member Posts: 4,426
    edited 30. Nov -0001, 00:00
    Shula

    I am sorry to hear that, as you said you would not have left a job you loved if you were not able to do it. I am probably going to be in the same position as yourself soon as I go for my ATOS assessment next week and I just know they are going to say fit for work, the thing is I desperately want to work probably like yourself and a heck of a lot of people, but are they going to find us jobs that we are capable of doing and employers that are going to give us a lot of time off for treatment,app's,etc I don't think so. Try not upset yourself it is nothing that you did not do, when you read about all the other people that are in the same position with reports that nowhere near justify their disabilities, at least you have the support of your lovely husband hopefully that will give you the strength to keep going until the appeal and as far as I am aware most people win their appeal, keeping fingers crossed for you.........tc..........Marie xx
    Smile a while and while you smile
    smile another smile and soon there
    will be miles and miles of smiles
    just because you smiled I wish your
    day is full of Smiles
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -0001, 00:00
    Oh Shula I am so sorry, what the hell are they playing at...I am fuming for you...you loved the job and was willing to work but couldn't carry on with it...I do hope they see sense...good luck with it all and please let us know how you get on ((((((()))))) xx
    Love
    Barbara
  • dreamdaisy
    dreamdaisy Non-active member Posts: 31,520
    edited 30. Nov -0001, 00:00
    The reasoning behind the decision made by healthy people about our capabilities appears to be based on this: if you can breathe you can work.

    I would normally say to take some time out and recover from the shock but the trouble is Christmas is approaching and the whole country grinds to a halt for at least ten days so get your appeal in as soon as you can - then take some time to recover.

    They are utter s*ds, aren't they? Blasted idiots. DD
    Have you got the despatches? No, I always walk like this. Eddie Braben
  • valval
    valval Non-active member Posts: 14,911
    edited 30. Nov -0001, 00:00
    please see cab or dial and get them to help with appeal good luck val
    val
  • trepolpen
    trepolpen Non-active member Posts: 504
    edited 30. Nov -0001, 00:00
    try CAB , they are very good with your appeals , will take some time but will worth it , dont try doing it alone
  • gilly1957
    gilly1957 Member Posts: 212
    edited 30. Nov -0001, 00:00
    Shula .Sorry to hear what has happened to you, no doubt I will be in the same place soon having recently sent back the medical forms.

    I passed last year and I'm in the wrag group, but the first time I failed my assessment and went to appeal.

    Do please get some help, I used the CAB and were very good.

    I hope it goes well for you

    Gill x
  • toady
    toady Member Posts: 2,784
    edited 30. Nov -0001, 00:00
    Hi Shula, very sorry to hear this, they really are shocking aren't they. :( Good luck with your appeals process, I take it you have your copy of ESA85 (as you say it bears no resemblance to you) and will you be asking for a reconsideration?
    Small comfort I know but at least you can lodge an appeal immediately at the moment, instead of dancing to their tune/timescale, that's all set to change next year I believe.

    I'm in the same position of having a job to go to that I would love to be doing, it's bad enough & gutting that I can't; we don't need our noses rubbing in it do we..

    Good luck & bags of sympathy in this.
  • ShulaArcher
    ShulaArcher Non-active member Posts: 174
    edited 30. Nov -0001, 00:00
    Thank you so much everybody for your sympathy and advice. I have written a letter of appeal but will take further advice before I send it. I feel a little better now that I've written everything down but it is, at the very least, an upsetting experience.

    Shula
  • janie68
    janie68 Non-active member Posts: 1,186
    edited 30. Nov -0001, 00:00
    I'm very sorry that they have done this. There are very good forums & websites you can advice from if CAB are unavailable, as they are overwhelmed. When you send yiyr letter in, make sure to ask to be paid the assessment rate while you appeal, as it has been known for DWP not to pay this even if you are entitled.

    Janie
  • Suzyhall
    Suzyhall Non-active member Posts: 9
    edited 30. Nov -0001, 00:00
    This is dreadful and is happening to so many people, please be assured that you are very likely to win your appeal, I am awaiting a tribunal date and it has taken over a year to get to tribunal so you might be in for a long wait, get as much evidence as you can, get professional help, I have been told that ATOS dont give a stuff about your illness, medication and how it affects your life , all they want to know is if you meet the descriptors or not, thye make alot if assumptions and obviously choose to ignore alot of the evidence you show them, it seems that they judge you on the day of assessment and this over rules any consultant or DR's reports who have known you for years. So please fight you have nothing to lose and everything to gain, go through all of the descriptors again and write down in detail what applies to you, most illnesses are nit black and white and symptoms vary they do not consider this at all. Good luck to you and try not to get yourself to stressed about it xx
  • kentishlady
    kentishlady Member Posts: 809
    edited 30. Nov -0001, 00:00
    Hello Shula. Am sorry to hear you are having such a battle with the 'powers that be'. I really do wonder how they would feel if they were in the position you and many of us on the forum are in? Bet they'd soon wish to change back again!! I know it is difficult for people to appreciate the situation most of us are in, but a little more understanding wouldn't go amiss. I really do think that sometimes, they just dismiss our problems without really even trying to fathom what it is like.

    Do contact CAB for some advice. They are always very helpful. Keep fighting. I know you may be in for a long battle but if you don't appeal then you certainly won't get anything.

    Remember, it's not you that has done anything wrong or incorrectly, but the 'system'. They just seem to like to make everything as difficult as possible for those of us who genuinely need some help, whilst others appear to get away with anything.

    Take care of yourself.

    Beryl
  • TeaBag
    TeaBag Non-active member Posts: 101
    edited 30. Nov -0001, 00:00
    I am exactly in the same place they told me i was fit for work even though there is days i can not stand as was said above "if you can breath you can work" well that seems to be the case ,i just 2 weeks ago received my papers for an appeal and have chosen an oral hearing my gp advised me that i stood a better chance of receiving dla then esa so i now am in the process of filling in the form the system stinks it really does ..i know one lady beside me who claims esa dla (full rate) partys every weekend with her bad back now saying that they did remove her car because she was reported but guess what she got it all back again maddens me it really does ..keep in touch let me know how you get on .
  • ShulaArcher
    ShulaArcher Non-active member Posts: 174
    edited 30. Nov -0001, 00:00
    Thanks again everybody. I've now downloaded some documents which will help me to get the right evidence together. I feel more able to cope with it emotionally; I'm going to treat it as a project where I have to meet the objectives. Will let you know what happens next.

    Shula
  • frogmorton
    frogmorton Member Posts: 30,425
    edited 30. Nov -0001, 00:00
    OH Shula

    I am so sorry I have heard this time and time again!!! How is it the person they describe is not you?!!!!

    Well done for taking the challenge on :)

    You CAN and you WILL meet the objectives and you have to win on appeal.

    Love hugs and some extra determination

    Toni xxx
  • PowerOn
    PowerOn Non-active member Posts: 200
    edited 30. Nov -0001, 00:00
    Hi Shula
    I hope you get sorted out quickly.
    People just tick boxes on forms and dont see what the effect is.
    I also know a "lady" getting injections into her back for pain then going line dancing and 10 pin bowling and asking me why I don't do them!
    Not worth the pain and I would not take injections into my back for the sake of dancing and bowling.
    Take care and try again.
    Best joke I ever read, "With that information and a diagnosis of spondylosis, your doctor can develop a treatment plan‏" or back in reality totally ignore you. Is ok I have a sense of humour and a boxing glove, not defeated yet.
  • ShulaArcher
    ShulaArcher Non-active member Posts: 174
    edited 30. Nov -0001, 00:00
    Hi everyone

    Just to say my appeal has gone in. I spent a long time getting my "evidence" together. I used the voice recognition software - I can't really use the keyboard for more than a few minutes - but it takes much longer so I ended up feeling the effects of the OA in my cervical spine very badly. My physio has told me in no uncertain terms that I mustn't use the computer for very long at all.

    Will let you know what happens next. In the meantime, thanks to everyone for your support and advice AND

    wishing you all a Happy Christmas

    Shula

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