Joined the 0 points awarded club. Let the fightback begin!!

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Joined the 0 points awarded club. Let the fightback begin!!

Postby bouncer0304 » Thu Jul 17, 2014 1:11 pm

So 0 points. As you can imagine, i'm upset and angry. The decision maker wasn't great with me on the phone. The new change now is that you HAVE to sign on JSA because they don't give you assessment rate while being reconsidered which sucks, probably though because so many ask for a reconsideration. I asked what medical qualifications the lady who assessed me had and he said practitioner nurse. Apparently she has knowledge of my condition- oh really?! When i said i felt at a disadvantage, the guy just kept saying she had 3 years of medical training and wouldn't answer anything else. He never gave me a chance to explain any points at all! The guy himself admitted he had no medical qualification and when i pressed him as to how he can mark me fairly, he just brushed me off by saying he was going off a chart!

I am honestly gob smacked (know i shouldn't be) at how bad the system is. The jobcentre guy on the phone was lovely and understanding. I was the third one this morning! I have an appointment with them on Monday and will speak to my doctor later (i can imagine he'll be quite angry about this!). I just can't believe this nurse has OVER RULED 3 doctors and a rhumatologist :O I am not defeated and will carry on fighting. If worst comes to the worst, i'll reapply for ESA in 6 months time, but i will not go down without a fight! Best of luck to those fighting!
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Re: Joined the 0 points awarded club. Let the fightback begi

Postby mags3pets » Thu Jul 17, 2014 2:24 pm

That's disgraceful. Last year an atosser took four out of 13 illnesses and asseaaed me on those. She picked arthritis, asthma, fibromyalgia and sciatica. I was working when I had all four of these illnesses as well as: anaemia, depression, insomnia, migraine and endometriosis (only stopped three years ago when I went thru the menopause. The girl I spoke to at DWP said the four illnesses were all tgat was on my form. I said it wasn't and I had copy in front of me. She informed me that they were all that was mentioned in the atosser's report. I asked her what about scleroderma, depression, PBC and Raynauds, et cetera. She told me to appeal and I would win. I spoke to my GP, my three Consultants, my CPN, OT, Social Worker and Raynauds & Scleroderma Nurse. Lo and behold the atosser hadn't spoken to any of them. I got letters from them and sent them in. A week later I received a letter stating I had been placed in the Support Group. The atosser stated in her fairytale that there was no sign the claimant would develop cancer within the next six months - obviously she was a talented clairvoyant. At that particular time I was attending a variety of hospital teats to determine if I had lymphoma. I have the greatest respect for our Nurses but I object to having my chronic ill health diagnoses given by GPs and Consultants, being over-ruled by a Nurse. Keep fighting. Get in touch with CAB they can helo you. They are Lawyers who work pro bono. The very best of luck. :-)
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Re: Joined the 0 points awarded club. Let the fightback begi

Postby bouncer0304 » Thu Jul 17, 2014 3:10 pm

I'm tamping, as is my doctor who, when i phoned to ask his advice, stated that he still felt i'm not fit enough for work. He's given me some advice and said if i need a letter off him he will do it for me bless him :-) The most insulting part is that they said i has a slight limp. Yes, just like a zebra is slightly strippy! I had to laugh though when he said i'm fit enough for work, i asked what and he said don't ask me but they've said you're fit enough! Despite me struggling to walk, not doing one of the exercises, showing i had memory problems AND getting stuck so my sister had to help me, apparently i can waltz into any job and stay there. These people are in lala land! My doctor won't sign me off sick either so Monday will be interesting. If they want a fight, i'll give them one! I will not be beaten by some jumped up twerp who has no knowledge of my condition. I shall squish them all like bugs ;-)

P.S- had to laugh, i thought it read a tosser not atosser :-P Excuse the rudeness!
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Re: Joined the 0 points awarded club. Let the fightback begi

Postby bouncer0304 » Mon Jul 21, 2014 5:14 pm

Quick update- asked for a reconsideration. Lady at the jobcentre was brilliant and looked troubled as i said all my stuff. On JSA but basically have ESA conditions so that's good. Lady on the phone wasn't happy that the medical report i have is missing info and is sending me the face to face report which should make interesting reading. Also, when my sister read the report to me, she's put down i'm on MORE tablets than i actually am :O The assessor has misread the meds sheets and she's messed it up so bad! That's without missing info, altered info and that's just the start! At least i'll be speaking to a different decision maker since the other guy was awful :-( The good thing is that the advisor and both ladies on the phone are on my side- my advisor said she's hopeful i'll be back on ESA in the next 6 weeks. For now i need to go through both reports and recording. I may be down but i will not give up!
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Re: Joined the 0 points awarded club. Let the fightback begi

Postby denys » Mon Jul 21, 2014 6:38 pm

Oh good well good luck and I hope they are right and you get sorted quickly
Denys

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Re: Joined the 0 points awarded club. Let the fightback begi

Postby macca » Tue Jul 22, 2014 1:19 pm

Hi, we went though all of this with my wife, a FM sufferer. Started with a duff assessment for ESA and the usual resulting O points, got the report which read like someone elses and contained inaccuracies & blatent lies etc.

We fought it all the way, went to tribunal and she came out with 27 points being placed in the WRAG, albeit very oddly in the tribunal the chair asked me if I worked, which i do, but why should that be taken account of as it wasn't my tribunal ??

We kept fighting from there and I wrote a documented and very detailed summary of how her health problems affect her life. This included 20+ years of medical documentation, medication listing, walking aids used, ill health retirement reports from her employer 11 years ago, details of Blue badge and various other disability concession awards, photographs of modifications at home to afford ground floor living and an access ramp at the front of the house, written support from her Consultants and her GP, along with written support from our local MP who we saw over a period of a year, around 150 pages the lot. As you say I wasn't letting her go down without a fight.

The net result was her going from 0 points, to 27 points at Tribunal, to being admitted to the Support Group for 2 years through meeting the Mobilising decriptor through submission of the massive amont of supporting material.

Since then she's had to re-apply for ESA, and the next submission was the full hit from the very beginning, probably 180 pages the second time around. This was sufficient for DWP to place her in the Support Group again without the need for a face to face assessment given the wealth of support material, and they did so for a period of 3 years, realistically the longest you'll get these days without review.

All massively stressful but had to be done.

The key message, pull together as much medical and non medical supporting material as you possibly can, and then write a detailed account of how your condition affects your life. Then submit this asking for a 'Supercession' of the current decision, not a 'reconsideration' as a reconsideration will only involve re-looking at information that they already have. If the submission is sufficiently detailed and compelling enough to assure a decision maker that a descriptor is met then it is possible that a new decision can be arrived at.

Clearly that is just our experience, each case is individual. But if you belive that you have something to fight for then yes fight all the way.

Good luck.
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