Refused ESA

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Camee
Camee Member Posts: 2
edited 3. Mar 2016, 10:19 in Benefits and Working Matters archive
Hi I am new to this forum and need some help. I have arthritis in both knees. I had a knee replacement in September 2015 and I am on the waiting list to have my other knee done.

I have been on ESA for the past year but I was re-accessed recently and have been refused. I scored 0 points and I was told by the Decision Maker at the DWP that I could use a wheelchair and as I can use my hands I am fit for work.

Someone has said that if you have arthritis they are not sure a wheelchair could be used as you would just stiffen up. I am at my wit's end and would be grateful if anyone could just help me.

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  • [Deleted User]
    [Deleted User] Posts: 3,635
    edited 30. Nov -1, 00:00
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    Hi Camee,

    Welcome to the forum, there are lots of extra worries when one has any form of arthritis and financial worries are high on the list.

    It might be useful to ring the helplines on Monday - they will have information on claiming, filling in forms and appealing decisions.

    Other help can be given by CAB - there may be benefits agencies near you.

    We have members who also claim benefits, being the weekend you may have to wait for a day or two to get replies

    Take care
    Mod Yx
  • stickywicket
    stickywicket Member Posts: 27,710
    edited 30. Nov -1, 00:00
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    Hello camee. I can't really add much to what Mod Y has written other than to refer you to the government website on ESA https://www.gov.uk/employment-support-allowance . I just wanted to welcome you to the forum too :D

    I don't quite understand the wheelchair thing. I use one as and when I need to – country 'walks' , airports and even very large stores. I can't propel it myself due to the arthritis in my hands and shoulders but I don't stiffen up when in it. I do ensure, though, that I keep getting up and stretching my legs regularly just as I would in any other chair.
    If at first you don't succeed, then skydiving definitely isn't for you.
    Steven Wright
  • snowdrop123
    snowdrop123 Member Posts: 41
    edited 30. Nov -1, 00:00
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    Hi Camee
    I'm sorry to hear that you've been refused esa. I went for my latest capability for work assessment yesterday. I was refused esa three years ago, I appealed against the decision and I went to a tribunal. The tribunal ruled in my favour so I have been receiving esa since then. I went to see a really nice bloke at the cab when I had been refused esa and he helped me to make an my appeal. I don't think I could have done it without his help and I recommend that you make an an appointment with your local cab. If I'm refused esa this time I will be going back to the cab myself.

    Going to the tribunal was horrible and I did my best not to cry but I did. Unfortunately, just writing an appeal letter does not seem to be good enough and you will most likely have to go to a tribunal. I'm already worrying about going through the process again and have been for months because I knew that I was due to have another assessment in the new year. I didn't understand why the tribunal had only given me 24 months before I had to be assessed again but this is the law. 3 years is the most that they can allow you to have esa without another assessment and it had been a year from me being refused esa and going to the tribunal so I have had esa for three years altogether. If I could cross my fingers I would that this time sense will prevail and I will not be refused esa again. I'm already thinking about what I will need to do to make an appeal and it hasn't even been refused yet.

    I would advise you to find as many people as you can to back you up. Have you talked to your GP? My GP is brilliant and understands how much pain I'm in and how that affects my daily life. She wrote a letter to support my claim for esa after it was refused. She doesn't understand why the tribunal could not sign me off work for good since OA is a degenerative disease and I'm not going to be cured but that's just the way it is apparently.
    Good luck with your appeal and feel free to private message me. It just helps to know that you're not the only one going through this rubbish sometimes.
    Snowdrop123
  • [Deleted User]
    [Deleted User] Posts: 3,635
    edited 30. Nov -1, 00:00
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    Hi Camee
    I am sorry to hear your news, I am not surprised that you are at your wits end, you have a lot on your plate. As snowdrop 123 has mentioned it might be good to speak to your local CAB https://www.citizensadvice.org.uk/about-us/contact-us/

    If you would like to talk to someone you can phone our helpline team on 0808 800 4050 it is a free and confidential helpline and our team will be able to talk to you in more detail.
    Wishing you all the best
    Sharon Kilty
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