ESA Medical Failed 0 Points.

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ESA Medical Failed 0 Points.

Postby RoxanneB » Wed May 02, 2012 7:55 pm

Hello everyone,
My husband got diagnosed with fibromyalgia on the 19th april, after months of 'it could this, it could be that' the end of november 2011 my husband put in a claim for ESA after advice from the doctor not to work as the doctor though his pains where due to work - Vibration white finger due to working with vibration tools.

anyway gets a forum in January to fill in from ESA asking what was his disability ect as you probably know, february gets an appointment through from atos healthcare to go for a medical examination on the 9th of march just before the medical we got told his symptoms where possibly rheumatoid arthritis, So at the medical i told the 'Lovely examination lady' That we have been told it could also be possibly rheumatoid arthritis even tho at the time of filling in the forum i had stated possible vibration white finger but i made 'clear' that was still under investigation, that nothing has been diagnosed.

however since then he has been to see the rheumatologist who has diagnosed him with fibromyalgia on the 19/04 since seening the medical examination he symptoms have got progessivly worst he no longer goes out the house he doesn't get out the bed because of the severe pain as you all understand. However got a letter today of DWP stated he has recieved no points! but they recognise he has a disability or health condition.

On the back on the letter it says...that he identified difficulties due to rheumatoid arthritis??????WHAT. it also says......
the he is not taking disease modifying medication...he was taking diclofenac sodium,amitriptyline, co - codamol but how the hell can he take disease modifying medication when he hasnt been diagnosed?????? also said that he has not been referred to occupational health...I don't think the 'nice lady' understood when i said he was still under investigation.

It also said the assessment did show mild swelling to his finger joints but was able to touch his fingers to his thumbs - no mention of the severe pain he was in by doing this.....and says MOST upper limb movements were functional...but and again still no mention of the severe pain he was in while doing this.. I just don't know what to do???

I have requested a copy of the atos medical report because i've heard stories they make there own version.
Can anybody help? thank you so much R xxx
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Re: ESA Medical Failed 0 Points.

Postby TeeferTiger » Wed May 02, 2012 8:05 pm

Appeal, appeal, appeal! State in the appeal what you disagree with, the ESA payment will continue (at the lower rate) until the tribunal, which will be in about 7-9 months or so. Get a load of research together about FMS and send it off with your appeal.

Good luck!

Edit: I knew I'd seen this somewhere on here... couldn't remember where
viewtopic.php?f=11&t=12541
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Re: ESA Medical Failed 0 Points.

Postby FluppyPuffy » Wed May 02, 2012 8:42 pm

Let them know as soon as you possibly can, in writing, that you intend to appeal the decision and that you want hubby's ESA payments reinstating, then follow the advice that is one the linky above.

:goodluck2: :goodluck2: and don't forget we're always around, even if it's just for a bit of moral support :teddy-bear: :teddy-bear: :teddy-bear:
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Re: ESA Medical Failed 0 Points.

Postby denys » Wed May 02, 2012 8:44 pm

appeal :fingerscrossed:
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Re: ESA Medical Failed 0 Points.

Postby MCT » Thu May 03, 2012 2:01 am

Hi Roxanne

If you go to this topic viewtopic.php?f=11&t=12541 it'll tell you how to go about an appeal for your husband.

My husband was on Incapacity Benefit with bad RA in his hands, hips & feet and he scored a zero after the WCA for ESA. We appealed & I wrote a 3 page submission on just some of the mistakes and assumptions that were made in his Assessment report and he came out of the appeal with 18 points and has just received his back-dated money today. It has taken over a month after he won his appeal for them to send out the letter to say he's been put in the WRA Group!

Check everything on the medical report you get - you'll probably be amazed at some of the basic errors in there (they even had my hubby's age wrong!).
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Re: ESA Medical Failed 0 Points.

Postby RoxanneB » Fri May 04, 2012 2:33 am

Thanks for all you advice guys we have told them are intentions to appeal even recieved the GL24 this morning! Came very quickly, where going to CAB on thursday so i will update you all in the mean time if anyone has got any more advice i will really appreciate it as i haven't the slightest idea when it comes to benefits am clueless Thanks R xxx
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Re: ESA Medical Failed 0 Points.

Postby RoxanneB » Fri May 11, 2012 12:44 pm

Hey guys,
Went to CAB yesterday put in the appeal going to see my local MP tonight as CAB said it could take 3 weeks for them to reinstate the money we've already gone 2 weeks without any money lucky enough my grandad was nice enough to lend us £200 just to get food in and pay bills ect unfortunately my rent is due in the next 2 weeks and i've got a feeling the money still won't have gone in and I have a private landlord so he's not gonna wait for them to pay us, Its just ridiculous! If my grandad hadn't of lend me that money we would be sitting in the freezing cold dark now with no food. How can the stop the money and just expect you to live??? xxxxxxx
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Re: ESA Medical Failed 0 Points.

Postby *Lisa* » Fri May 11, 2012 1:37 pm

Roxanne are you also in benefits? If so then your housing benefit should not stop and if your working and on a low income you maybe entitles to working tax credits also.

Are you in receipt of housing benefit? If so this shouldnt be effected by the change as you can still get housing benefits on income support/JSA and if you have no moneys coming in you send your bank statements in as prrof of no income and they should still pay you.

If your waiting on a housing benefits claim thhen call them up and say you need rent for 2wks as you are in financial hardship.

Failing that you maybe able to contact DWP for a crises loan.

They shouldnt have stopped your money? I would also call the DWP as you should still be entitled to a reduced rate ESA whilst the appeal is going on... call the benefits advisor for more info or have a looky here http://www.direct.gov.uk/en/Diol1/DoItO ... /DG_172666
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Re: ESA Medical Failed 0 Points.

Postby RoxanneB » Fri May 11, 2012 1:45 pm

Hi Lisa,
I am on my husbands ESA claim, I went to the housing benefit yesterday because receieved a letter staying they want to know what income we have coming in so i told them they have stopped ESA until they get my husbands appeal in and they said they wouldn't be able to pay us anything until they've had word of the DWP that his appeal is in, i told her i have a private landlord and my rent is due in 2 weeks! and she said theres nothing they can do but if i want i can tell my landlord to phone them up and so they can explain the situition! I don't think he'll be bothered he just wants his money, I might phone and see if we can get a crises loan :-? xxxxxxx
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Re: ESA Medical Failed 0 Points.

Postby *Lisa* » Fri May 11, 2012 1:52 pm

Are any of you on DLA????

When i was stopped my housing benefits through the flippin DWP stopping my money (14wks!!) :yikes: i was granted housing benefit as i was on MRC and this alone apparently gives you an allowence for housing benefit.
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Re: ESA Medical Failed 0 Points.

Postby RoxanneB » Fri May 11, 2012 2:01 pm

No not on DLA my husband was gonna put in for DLA just a week before the ESA fail, CAB said not to put DLA forums in because of the rejection from ESA, We only got ESA and housing benefit xx
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Re: ESA Medical Failed 0 Points.

Postby *Lisa* » Fri May 11, 2012 2:20 pm

Im sure you can still get a little ESA as you on appeal at income support rates/JSA rates. Contact the benefits advisor to see :goodluck1:
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Re: ESA Medical Failed 0 Points.

Postby *Lisa* » Fri May 11, 2012 2:23 pm

Just had a googly (comes in handy sometimes lol) and yes you should be getting ESA assessment rates whilst your under appeal.
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Re: ESA Medical Failed 0 Points.

Postby RoxanneB » Fri May 11, 2012 2:25 pm

They said that but its only when they process the appeal :-? Bit of a joke.we where only on basic assessment rate anyway its about £50 a week each xxxx
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Re: ESA Medical Failed 0 Points.

Postby *Lisa* » Fri May 11, 2012 2:32 pm

:yikes: thats such an awful situation they have put you in grrr :-x bloody government! :-x im afraid a crises loan it is then but be warned tey wanna know the ins and outs of a ducks :girl_moon:

I hope you can get it all sorted and very soon!!! :grouphug:
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