esa investigating my claim

I have had 16 face to face assessments (ESA, DLA, IIDB) 2 were carried out by doctors and both reports were spot on. Another was carried out by a doctor who knew nothing about mental issues including trauma and suggested that he had never heard of the drugs I was on that had been prescribed by my psychiatrist being used for mental haelth matters.

The other 13 were all fairy tales. None were recorded, yet in all 13 appeals I was eventually awarded what I considered to be the right award.

It really doesn't matter what the assessor says or writes - if you present your evidence that absolutely blows the report out of the water and proves that you are entitled to what you claim to be entitled - you will win.

All of this from the DWP's point of view is to find a way - any way that they can use to deny you the award. Your job is to do the opposite - prove that you are entitled to the award. Don't get hung up on how they play the game.

Sorry not sure what's happened but posted same post twice

 

Thanks erykah71

tou are right they must get something otherwise why would they lie the one i got makes pinnioccio look like a saint.

when i went and phoned for my mandatory reconsidiration heres what they wrote back to me they stated it is not disputed you have health problemsbut i find no reason to change the original decision .

regulation 29 does not apply to you because despite having anxiety and depression , cardiovascular problems , diabetes , dupuytrens contracture ,frozen shoulder , irrittable bowel syndrome , osteoarhthritus and peripheral neuropathy we dont think if you were found fit for work you would be a danger to yourself or anybody else well this is what you are up against ,the dwp has accepted all these medical conditions and im fit for work now on jsa waiting for my apeal ,ive got to say after my gp found out he gave me a 2 month unfit to work line stating to them he wont be assesing my health again ,the line stated peripheral neuropathy anf falling it made no diffrence to them thier words where the HCP is trained in these matters any way i caould go on and on but im not gonny let these idiots wind me up .billy

ps i have also had two heart attacks a tripple bypass and have angina sorry forgot to put that in my post

thx billy

It's awful that they take the word of a nurse (or whatever) over a GP who has extensive knowledge of a persons position.

Have you spoken to Citizens advice or something similar, they may be able to help.

Keep your chin up and as my mum used to say, don't let the *baa lambs* get you down.

As far as a GP goes her/his main role is to treat/look after/care for a patients health. To be honest I doubt that many if any GP actually understands how ESA or even PIP works.

You have to have someone that can see how the health affects everyday living to be able to give a realistic opinion. Hence why an assessment by an OT or Social Services is the only way to get quality eveidence.

Without that level of reporting, the DWP and the assessors are really working in the dark. They probably have less than an hour to assess capability which is far too short a time.

Then we have the descriptors, most claimants, never mind medical professionals don't actually know the law behind them.

 

That's all very well having OT or social services, but many of us haven't gone down that route because of lack of knowledge behind asking for help.

When I was first signed off work, I thought I would be back within at the most a month. Unfortunately, 15 months later I have now had to give up my job as I have no idea when I will be well enough to work again.

I didn't have a clue about OT etc, I purchased my own leg/ankle/wrist/hand/elbow/shoulder supports and my own crutches, commode, kitchen/toilet/bedroom aids. It was only after 9 months when I started receiving physio that I was informed about these services.

The HCP I saw had already done her lying. Despite having both my GP and rheumy stating I can't walk more than 50 metres at most, in pain, and not repeatedly. The nurse, who admitted she had never heard of my condition before reported I could walk for 3 minutes. She then reported that I walked 20 metres at a slow pace to the assessment room. She then calculated that 3 minutes at a slow pace is 120 metres? I mean come on, what the hell is that about.

I had originally reported a change (that I had gotten worse) and ended up losing the award I had - now waiting for appeal date. BUT when I went for my ESA assessment I was seen by a physio who works with people with my condition and was placed straight into the support group.

These companies need to take more notice of GP/experts support and employ HCPs that have half a clue what they are doing. That way they wouldn't have to work in the dark.

OT and Social services are overloaded with people needing their help and waiting lists (well where I am) are long. 

It appears the HCPs and DWP don't know the law behind the descriptors either, that's why they need to use HCPs who have half a clue

As I have already said, to gain an award of either PIP or ESA you have to have someone who can look at your health problems and then make a decision as to how they affect your life when working with the descriptors.

As you quite rightly point out - you had an excellent result because the assessor was knowledgable of your condition.

Take that a step further - are you suggesting that all assessors should have a good knowledge of all conditions as they never know what their next case would throw up?

The DWP and GP's will be the first to admit that a report on the functionality problems of a patient will be nothing more than a 3rd party comment - 'my patient has told me.....'

When making any claim for PIP or ESA you should always assume (right or wrongly) that the job of the assessor and the DWP in the first instance is to try to NOT make any award.

yes they should have good knowledge otherwise they should not be doing the friggin job they are wholly useless , when i told her i keep falling i attend the fall clinic who gave me crutches she never mentioned that to the DWP niether did she mention that i gave her a letter from a DWP doctor who diagnosed me with severe depression ,in fact she never even looked at it.so dont give me all that you need someone here and you need someone there ,truth be known you are just all doom and gloom mate youv e won your award so i dont know why you are here stop trying to depress people and let them get on with it i think you are living in a diffrent world ,these assesments should be honest and fair mate but they are not its been proven a thousand times and as for gps they know a lot more than you will ever know about it you tell me what qaulifications a HCP has if you ask them wich i did the say they dont have to tell you they are trained therapists ,yes trained by atoas or maximus ,go on utube and listen to the guy who asked to see her qaulifications and when she refused he told he didnt want her to asses him she told him to go and next day he got a letter from the DWP saying his appointment from the day before was cancelled that was two years ago he is still on his benifit and hasnt heard from them since ,wish i would have done the same but i didnt see this till after my assesment

"The nurse, who admitted she had never heard of my condition before reported I could walk for 3 minutes. She then reported that I walked 20 metres at a slow pace to the assessment room. She then calculated that 3 minutes at a slow pace is 120 metres? I mean come on, what the hell is that about."

The DWP say it takes about 1 minute to walk 90-100m.  

That's 5.4-6.0km/hr.

The nurse decided it would take you 3 minutes to walk 120 metres.   

That's 2.4km/hr

For a descriptor to apply to a claimant they must be able to reliably complete the activity as described in the descriptor and reliability includes 

"in a reasonable time period – no more than twice as long as the maximum period that a non-disabled person would normally take to complete that activity."

If I'm right the nurse witnessed you walk just 20 metres slowly and then estimated this slow pace at 2.4km/hr.  It looks like she's stated that you can't walk 20m reliably, possibly without meaning to, as she's estimated your speed to be less than half the speed of a non-disabled person.  

The 120 metres wouldn't be achieved reliably either as it would still take you more than twice the time of a non-disabled person.  The "reliability - reasonable time period" criteria might be helpful for your tribunal.  I'll keep my fingers crossed for you.

Thanks for that Scally, I'll look into this. Hoping it won't go so far as tribunal but will be very useful to know about if it does.

Appreciate it

Sorry, I thought you were waiting for your tribunal date so I assumed you'd already been through MR.  Hope it is sorted before tribunal for you.

Yes I have been through MR. They gave me back the original award they stopped after I reported I had gotten worse. I received the standard letter from the tribunals office yesterday explaining what happens next. 

When I said I hope it doesn't get to tribunal I meant that I hope the DWP will change their minds once they are asked for their response. Sorry for confusion, I'm just trying to look at the glass as half full lol

Good for you.  I wish I could do that, my glass is half empty at best.  I've not been through appying for PIP yet but it'll come at some point and I'm already thinking ahead to my tribunal and wondering how I will cope when I lose.

thinking ahead to my tribunal and wondering how I will cope when I lose.

It was a complete shock to me to find out how much money I had lost when my DLA award was taken from me.

It just wasn't the loss of the DLA (HRM & MRC) but the passported benefits that it supported. Loss of the disability and carers premiums in Pension Credit meant that the Pension Credit award disappeared, the loss of the help towards the mortgage interest that the DWP were paying as well as the loss of the Council Tax Support 100% award.

All in all it amounted to a £300 a week drop in income all down to the removal of the DLA award.