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Thrown off ESA after having had shoulder surgery told fit to work

Posted , 5 users are following.

pollmadoll64
pollmadoll64

I am desperate as no.money coming in .After shoulder surgery doctor and surgeon saying off work for 6 weeks, no driving but ESA has stopped due to an unfair ATOS assessment done am on the before.pre op

0 likes, 7 replies

7 Replies

  • natalie_99402
    natalie_99402 pollmadoll64

    Posted

    Oh no, appeal it, you have a month to do so, get as much evidence you can and send it all off in the post! Good luck, keep us posted
    • pollmadoll64
      pollmadoll64 natalie_99402

      Posted

      I have appesled and gone through a Mandatory Reconsideration. They still are saying I am fit to work. I have given them all relevant sick notes and documentary evidence.My MP, GP AND surgeon are writing to them about this crazy situation.Although. ALL I want us to get better and return to work .I am a single mother too
  • sarah87162
    sarah87162 pollmadoll64

    Posted

    Are you saying ATOS assessment was done before shoulder surgery?

    If so did you know at the time of the assessment that you would be having shoulder surgery?

    Tell ATOS you have had shoulder surgery so things have changed even though that may just be at the moment.

    My understanding is when they assess you any condition you have has to be expected to last a certain amount of time. If you are going to be able to go back to work in 6 weeks I don't think they would count that as something permanent. You could appeeal and see what happens.

    Good luck. Keep in touch

    Sarah

    • pollmadoll64
      pollmadoll64 sarah87162

      Posted

      They knew fully well that I would be having shoulder surgery a month later and would need to recover and not be working post operation. I am hoping a new claim will sort things out.But I am not holding my breath due to their decision over the Mandatory Reconsideration was stated three days after the surgery.It seems you can only qualify if you are incontinent,have a terminal disease, have no arms or legs!!! They knew at the time what my ailments were so the questions asked at the assessment are the same for everybody not relating to.individuals.and their requirements.How can one be getting PIPS for 2 years after a thorough hour's assessment with the same papers and the not qualify for PIPS.I thought they are the same department! !!!! I will have Fibromyalgia all my life and have had it already for 8years and that will never change. My shoulder could take up to a year to fully function again
    • anthony97723
      anthony97723 pollmadoll64

      Posted

      Hi Poll

      Sorry to hear of your problems it appears to me as though you are a victim of circumstances.

      Really what should have happened was your ATOS medical should have been postponed until after your surgery.

      Unfortunately the way the system works you would have been assessed as you were on the day and no consideration would be given to the forthcoming surgery even if you informed them of it.

      From what you have said it appears that you have found a solution by making a new claim and this time they will have to take your shoulder into consideration.

      If I were you I wouldn’t worry about what other people are doing or how their claims are being assessed, at the end of the day no-one can be certain they know all of the facts in each individual claim and you gain nothing from referring to it. Indeed I know the DWP decision makers/ATOS assessors have a dim view of such opinions.

      Concentrate on your own circumstances and get professional help from your local Citizen’s Advice who have benefit specialist especially if you are thinking of applying for PIP.

    • pollmadoll64
      pollmadoll64 anthony97723

      Posted

      Many thanks for your supportive message. I spoke to the DWP this am .Who will need another repeat lot of the exact documentary evidence for the new claim that I sent through for the Mandatory Reconsideration. I was not advised to apply for a new claim until two weeks after this all started and I had the operation. Surely I should have got the assessment rate while this was all going on. I now have to submit 60 more pieces of paper as they need three different depts to see them .Although the DWP are the same dept !! PIPS AND ESA !!!!!!!!!!!!
  • elizabeth186
    elizabeth186 pollmadoll64

    Posted

    Appeal against it.  The fact that you've got proof from surgeon and your doctor should give you a good case.  Don't give up.  It's terrible that people who are genuinely I'll are being put through this kind of stress
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