Can I still get ESA, I failed the assessment with 0 points.

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    (Original post by WoodyMKC)
    NullDrone Honestly mate, I think Tiger Rag hit it on the head, by the sounds of it getting across your physical health conditions in a way that fits their criteria is gonna be a hell of a job via an appeal, it'd probably need a complete re-do of your form going that route and you'd need someone helping you every step of the way which would take weeks.

    What I would suggest is to emphasise the fact that you suffer from depression and suicidal thoughts as I talked about above. Here's a link to a template for a covering letter that you can print off and take to your GP and get them to fill in for you https://docs.google.com/document/d/1...HoA1h2rNk/edit

    It's important that you get them to:

    a) Include depression and anxiety as two of your medical problems.
    b) Under the "I am of this opinion because" part, state that you would find it difficult to deal with the stress that work or work related activity would cause you due to your anxiety - you become stressed and unwell very easily, and because of your depression these circumstances would leave you feeling suicidal.
    c) Sign the form with their name and "General Practitioner to {your name}".

    If you have proof from your GP that you suffer from depression and have the tendency to become suicidal and being found capable of work or work-related activity would push you over so to speak, this is considered a risk to your health and they HAVE to put you in the support group. This is going to be the easiest and most guaranteed way to go about this if your GP can help you :top:
    By the way, when I was on ESA (I've been kicked off now, moved to jsa), it took me from november 2015 to september 2016 to get the assessment, I don't want to do that again, and lost out a lot of payment from it, was getting £40 a week, they said if I passed the assessment I would get it, but nope, would prefer to complete this assessment and backdate the payments.
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    (Original post by NullDrone)
    By the way, when I was on ESA (I've been kicked off now, moved to jsa), it took me from november 2015 to september 2016 to get the assessment, I don't want to do that again, and lost out a lot of payment from it, was getting £40 a week, they said if I passed the assessment I would get it, but nope, would prefer to complete this assessment and backdate the payments.
    Yeah mate, if you get your doctor to fill in that appeal form and you're successful in your appeal (which you should be if your doc fills the form in properly) then you won't need an assessment and will be backdated from the date of the original decision as it will be overturned. Not saying it's gonna be a matter of weeks before you get a decision as the DWP are notoriously slow at these things, but it'll be a hell of a lot quicker than re-applying from scratch.
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    As somebody said. Ask for a mandatory reconsideration then appeal. Check the descriptors to see which one you score points on. You only need 15. Tribunals are pretty fair and medical evidence helps. It's not about the Illness it's about how you cope. Someone with cancer can still works whilst another with cancer can't. Depends on the person
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    (Original post by Reality Check)
    What a terrible fuss! Why would insomnia be 'a mental illness'...?!
    I've got it (it's a medication side effect and I get it when I'm ill, urgh!) and wouldn't have classed it as a mental illness. There's also nowhere I can see where you could score points for it.

    Your GP may not fill the form in, or may charge for it.

    I see autism for example as something not hard to put up with, only other people have to put up with it, that is however seen as a bigger problem.
    Do you even know what Autism is?
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    (Original post by Tiger Rag)
    I've got it (it's a medication side effect and I get it when I'm ill, urgh!) and wouldn't have classed it as a mental illness. There's also nowhere I can see where you could score points for it.

    Your GP may not fill the form in, or may charge for it.



    Do you even know what Autism is?
    PRSOM
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    OP streams off a list of diagnoses but don't actually have insight into the impact these diagnosis have on their activities of daily living ...

    then wonders why a laundry list of diagnoses doesn't get them free money and sweeties ...

    the diagnosis fallacy of pity- based disability benefit systems writ large
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    (Original post by Tiger Rag)
    You have to score 15 points either from a single descriptor or a combination of descriptors.

    You have to send in evidence backing up why you meet the criteria. Just having a diagnosis isn't enough.

    No idea why you've linked me to an ESA50 form?
    the Diagnsosis Fallacy is the elephant in the room when it comes to disability benefits
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    (Original post by zippyRN)
    the Diagnsosis Fallacy is the elephant in the room when it comes to disability benefits
    I know. I receive ESA and have done for 4 years now, because amongst other things, I can't read large print.

    Whilst my evidence stated the diagnoses, it also stated the impact these have on me.
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    (Original post by Tiger Rag)
    I know. I receive ESA and have done for 4 years now, because amongst other things, I can't read large print.

    Whilst my evidence stated the diagnoses, it also stated the impact these have on me.
    exactly, unfortunately there are still far too many people with a pity based attitude to disability... and they facilitate the learned helplessness of the 'afflicted' ...
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    So let me just sum this up - I am to apply for a reconsideration (is this difference from an appeal)?On my letter report there are actually many things that I should of been awarded points for, but I think it's down to lack of evidence that I can't be awarded for it, but I haven't really spoke to my doctor about how it affects me, but that's solely down to not getting things addressed with them, even though I do think I have mentioned a lot of this, I'm not so sure if they'll write something for me (would this be evidence?), but am going back tomorrow to the doctor with a list of what I need written.

    For things that I disagree with:

    Example - "Standing and sitting: You can usually stay in one place (either standing or sitting) for more than an hour without having to move away."

    How am I to provide evidence for this? My doctors surgery do have on record my back condition but nothing like this was said to them (I have no reason to say), they won't be going of what I say about this and in the assessment I did actually sit down (because I wasn't allowed to move), but he saw me rocking back and forth showing I was uncomfortable, I did actually say that I don't sit down at home, on the sofa because it damages my back and prefer to lay. Would this be to hard to prove?

    WoodyMKC can I send you the report and I'll write what I disagree with, many things aren't exactly what I said.
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    Reconsideration is where they look at it again. Appeal is where it's sent to an independent tribunal. You usually attend that and give your side.
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    As I said mate, if you don't have a well documented and detailed medical history of your physical problems then it's going to be very difficult to quantify whether or not you fit the criteria, so the asessors would just have to go off what they saw at the assessment.

    A Mandatory Reconsideration is basically the first line of appeal - you'll have to phone them and tell them you wish to appeal, and they'll send you a form, with which you can include your evidence. If you're unsuccessful there, then you can take it to a tribunal. However, follow the advice in my previous posts and if done effectively, you should come out of the reconsideration being in the support group.
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    I've wrote this so far WoodyMKC...

    What's your opinion on this?
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  1. File Type: pdf esadisagreement.pdf (18.5 KB, 12 views)
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    (Original post by NullDrone)
    I've wrote this so far WoodyMKC...

    What's your opinion on this?
    Hmmm... I guess since you've written it then may as well send it off, honestly mate it might score you a few points but whether or not it'll be worthy of a worthwhile result probably depends on the person reading it as well, and I think at most you'll be placed in the Work-Related Activity group and be made to partake in courses and stuff, which initially can be held every day for a week or two. I'd still follow my initial advice of printing off the form for your GP and get them to fill it in as I advised. IF done effectively, you WILL get into the Support Group.
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    (Original post by WoodyMKC)
    Hmmm... I guess since you've written it then may as well send it off, honestly mate it might score you a few points but whether or not it'll be worthy of a worthwhile result probably depends on the person reading it as well, and I think at most you'll be placed in the Work-Related Activity group and be made to partake in courses and stuff, which initially can be held every day for a week or two. I'd still follow my initial advice of printing off the form for your GP and get them to fill it in as I advised. IF done effectively, you WILL get into the Support Group.
    Do you think it's best to attack the assessment from all aspects like i've included in the letter? I don't want to sound like I'm nitpicking all my conditions, I think the main thing I am struggling with is evidence, as it's quite strict, but to ask my doctor to agree to all this seems a bit of a demand, I doubt they'd be happy with that. I've talked to health worker at social services, she said it's probably better to attack it from a mental point.

    I appreciate all your help and would be willing to send money your way if I pass this assessment, is there a way I can chat with you (like skype or something)?
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    (Original post by NullDrone)
    Do you think it's best to attack the assessment from all aspects like i've included in the letter? I don't want to sound like I'm nitpicking all my conditions, I think the main thing I am struggling with is evidence, as it's quite strict, but to ask my doctor to agree to all this seems a bit of a demand, I doubt they'd be happy with that. I've talked to health worker at social services, she said it's probably better to attack it from a mental point.

    I appreciate all your help and would be willing to send money your way if I pass this assessment, is there a way I can chat with you (like skype or something)?
    Yeah pretty much as I said mate, just print off the appeal form I sent you and really get your GP to emphasise your diagnoses of depression and anxiety and say you tend to become suicidal under times of stress, which being found capable of work or work-related activity would lead to.

    No payment required man, all good
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    (Original post by WoodyMKC)
    Yeah pretty much as I said mate, just print off the appeal form I sent you and really get your GP to emphasise your diagnoses of depression and anxiety and say you tend to become suicidal under times of stress, which being found capable of work or work-related activity would lead to.

    No payment required man, all good
    In case I don't actually score from that, wouldn't it be a good idea to get doctor to write that back condition affects me in this way? Thing is, the doctor doesn't really know how my conditions affect me and not sure if they'd be able to say, i'm not sure if I've purposely gone over how it affected me at an appointment (I tend to keep a lot of things to myself and not ask for help unless i'm really bad), I could get for example letters from the hospital about my condition, would need something written that it affects me in a way that fits the criteria, not sure doctor would be able to say.

    I do actually insist on paying you if you were to put me through this, I would be so grateful, it'd be a lot of stress of my mind. It's your time so...
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    (Original post by NullDrone)
    In case I don't actually score from that, wouldn't it be a good idea to get doctor to write that back condition affects me in this way? Thing is, the doctor doesn't really know how my conditions affect me and not sure if they'd be able to say, i'm not sure if I've purposely gone over how it affected me at an appointment (I tend to keep a lot of things to myself and not ask for help unless i'm really bad), I could get for example letters from the hospital about my condition, would need something written that it affects me in a way that fits the criteria, not sure doctor would be able to say.

    I do actually insist on paying you if you were to put me through this, I would be so grateful, it'd be a lot of stress of my mind. It's your time so...
    Yeah that's the problem, with physical health problems to get anywhere you need to be very specific and have a detailed medical history. So definitely make the mental health stuff your top priority and get that form I linked you to signed. It's not even point-scoring with that one, the DWP for ESA have a rule for exceptional circumstances which states that if there's sufficient evidence to show that your physical or mental well-being would be at risk if you were required to take part in work or work-related activity, then you're automatically eligible for the ESA support group, which basically means they give you 100-odd quid a week and leave you alone. Again, it's vital to have been diagnosed and have medical proof, getting your doctor to sign that form and detail your suicidal tendencies when stressed will be enough.

    Seriously mate, I don't want any money. I've replied to a few posts on a forum because I wanted to, if you get on ESA because of that then I'll be happy enough that I've done a good deed
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    (Original post by Tiger Rag)
    You're trying too hard imo. The names of your conditions don't matter. Plenty of people with your conditions are able to work. All DWP care about is whether you fit the criteria, for which you need to send in evidence for.
    .
    But for those who use people with disabilities and chronic ill health as weapons against the government, the diagnosis fallacy makes good tabloid headlines and generates plenty of pity based fuzziness...
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    (Original post by zippyRN)
    But for those who use people with disabilities and chronic ill health as weapons against the government, the diagnosis fallacy makes good tabloid headlines and generates plenty of pity based fuzziness...
    There's a lot of that on a FB group. They list the conditions they have and how they take some 20 tablets a day and still get turned down. Ignoring the fact that none of these matter. The conditions that impact on me most, I don't take medication for.

    I'm not sure why the OP has mentioned riding in his submission. That will go against you.
 
 
 
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