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how lng afte atos pass me fit for work can i claim esa again ?

Posted , 4 users are following.

gary91210
gary91210

I had my Atos interview in December 2015 and got 0 points,i was claiming ESA for Athritis in my lower spine and worn Discs wich i have had for some time, i have been asking my doctor for ages for an MRI scan as i knew my back had deteriorated significantly since i last had one about 6 or 7 years ago but he kept saying No, i recently convined him to let me have one and he finally agreed, even though he said at the time, "YOU CAN HAVE ONE BUT ITS A WASTE OF TIME BECAUSE WE WONT FIND ANYTHING", ive just had my results back and along with my original problems the scan showed i now also have Osteoartritis of the Spine, Rheuatoid Athritis of the Joints and Osteomyelitis of the Bone, i now feel very aggrieved because i have been complaing of feeling unwell and in a lot of pain for atleast the last 2 years at my Doctors Surgery and this could of been sorted out a long time ago, it is now 4 months since i claimed Esa and really need to know ow long it will be before i can claim ESA again ?, the disability adviser at my job centre keeps telling me i wont be able to claim esa for atleast a year, does anyone know if this is the truth ?, thanks in advance for any help

0 likes, 12 replies

12 Replies

  • hypercat
    hypercat gary91210

    Posted

    Hi I am sorry to hear that.   There is a waiting period which used to be 6 months before you could claim for the same illness again,  but it sounds like that has been increased to a year now.  The rules apply unless your condition has become 'significiantly'  worse in which case you can apply again before the waiting period.  I am not sure whether additional illnesses count or not.  

    If I was you I would have a word with your doctor and see if s/he thinks this applies to you and will back you (maybe with a letter).  Then ask for a new sick note and reapply now. 

     

    • gary91210
      gary91210 hypercat

      Posted

      Hi Hypercat, thanks for the advice, i will see what the doc says, thanks again
  • les59996
    les59996 gary91210

    Posted

     i now feel very aggrieved because i have been complaing of feeling unwell and in a lot of pain for atleast the last 2 years at my Doctors Surgery and this could of been sorted out a long time ago,

    You are admitting that the problems you have now have been there for at least the past 2 years. The only difference is that your GP can now put a name to them.

    ESA is about how your health affects you. It doesn't matter if you don't have a name put to a problem, the question is - is the problem there?

    So to try to claim that it is a new problem or one that has got worse since your last ESA claim/assessment will not work.

    • gary91210
      gary91210 les59996

      Posted

      Thanks Les, i get that, as i said i knew i had 2 problems but didnt know about the other 3, i dont know if they will except my claim as new problems or not but i will try

      thanks again

    • anthony97723
      anthony97723 gary91210

      Posted

      Hi Gary

      I think the replies from Hypercat and Les both are both relevant and it would seem you are in a 50/50 position.

      The DWP work on an 'evidence' based system and your more recent MRI is hard proof that your condition has deteriorated since the last MRI 6/7 years ago.

      The rules are that you can only make a fresh application for ESA if you can show your condition has got worse. It seems you can do that providing you can get a sick note from your doctor and a copy of the MRI report.

      You will have to do another assessment to see if you now fit the descriptors for ESA. As Les has warned you will have a problem convincing the DWP that 5 months later you can’t do what you could do at the last assessment.

      In situations like this I would always advise taking a punt. Probability is the DWP will reject your claim but you then have the option of going to Tribunal where you will get a slight more sympathetic hearing on how your condition affects you.

      Of course you have to be well enough and mentally tough to take the Tribunal route.

    • gary91210
      gary91210 anthony97723

      Posted

      Thanks Anthony, i think i will do exactly that, now i have the prooth as before i had to try to convince the Atos person just how bad i was with no evidence, im still getting my head round it, i have my doctors appointment tomorrow morning at 10am and i have to sign on at 11am, so i am hoping i can get some hard written evidence, sign on for my JSa then close my claim down and take a chance on reclaiming Esa, i feel this is my only option now as it is a waste of time looking for jobs as i would not last an hour even if i did manage to get a job,the whole system just seems so wrong, thanks for your advice again
  • gary91210
    gary91210

    Posted

    I have just finally got through on the phone to my local job center and they have just told me if i make a new claim for ESA within 6 months and if the new conditions are linked in anyway to the old ones they sometimes will not make any payments untill after i have had a work assesment, as i had to wait over 6 months for my last work assesment, i now dont know what to do, i am not fit for work and if i go to claim ESA agian i might have nothing whatsoever to live on ????, what choice does this give me its tottaly ridiculous
    • anthony97723
      anthony97723 gary91210

      Posted

      Hi Gary

      Yes what the DWP told you is partially correct, however this is the actual rules

      there is no entitlement actually to be paid ESA pending the new WCA, even if the reclaim is made six months or more after the previous failure, unless, since that failure, the claimant’s condition has got significantly worse or s/he has a new health condition

      So even though your condition is 'linked' your argument is your condition has got 'sigificantly' worse. You would demostrate that by providing documentary evidence to the DWP i.e. the MRI report.

    • anthony97723
      anthony97723

      Posted

      Should of added phone DWP back and ask them about your condition becoming sigificantly worse?
    • gary91210
      gary91210 anthony97723

      Posted

      Hi again Anthony, I have just tried to contact my local CAB but because of government cuts to there funding they are now only open on Thursday mornings so I will have to wait until then to contact them, i will get as much evidence as i can tomorrow and try to get a letter from the Doctor and a copy of the MRI scan, then i will sign on and sign off straight away and try to reclaim ESA, and i am even thinking of taking action against the doctor eho refused me a scan for a year because this could of all been sorted out atleast 8 months ago and i would of had the evidence before my last work assessment, thanks again Anthony
    • anthony97723
      anthony97723 gary91210

      Posted

      Hi Gary

      Just a little advice. I wouldn't upset your Doctor just yet unless he continues to be unhelpful. It would be a good idea to get him onside. Go and see him and raise your concerns.

      If he fails to co-operate then make an official compliant via the practise manager.

      Everything else is spot on.

    • gary91210
      gary91210 anthony97723

      Posted

      yes your right Anthony , im just angry at the moment that he refused me a scan for 8/10 months and when he finally agreed to a scan he siad "YOU CAN HAVE ONE BUT ITS A WASTE OF TIME BECAUSE WE WONT FIND ANYTHING", and now the results are back he told the duty doctor to tell me to make an appointment with another doctor,but you are right the battle ive got now is not with him its with the DWP, cheers
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