Page 1 of 2 12 LastLast
Results 1 to 10 of 16

Thread: ESA medical failed and appeal failed too

  1. #1
    New Member
    Join Date
    Apr 2015
    Posts
    3

    Unhappy ESA medical failed and appeal failed too

    Hi, I had been claiming JSA for a little over a year when it became clear to people in both Job Centre, Ingeus and even my Doctor that I should be claiming ESA instead as I suffer from anxiety/depression. So I have been claiming ESA since November 2014 and was sent for a medical about 6 weeks ago and failed it.

    In the letter, it said that 1. I failed because I was wearing make-up (which I was not and never do) 2. That my hair was styled nicely (it's naturally curly and was scraped back into a ponytail?) 3. I was dressed nicely (a pair of jeans and a black jacket, really?) 4. At home, I was able to fetch myself a drink from the fridge (???) 5. I had traveled to the assessment by train (with my Mum and had to get off and back on, twice, after having a panic attack..) 6. Had a job in Primark (which I was forced to go to, as part of a work program, while claiming JSA in 2013. I lasted one day at the job, had a panic attack during the lunch break, left and didn't go back)

    My Mum phoned and asked for an appeal or "mandatory reconsideration" and they sent out a letter a week later saying what I just listed above. I don't think most of what they said is true or fair. I begged to get a taxi to the assessment but it was too far and would cost too much and the DWP (is that what they're called?) clearly stated that they would not reimburse our money if we got a taxi so I had no choice but to sit on a train for 25 minutes and, like I said, ended up getting worked up (sweaty palms, heart palpitations, throat tightening.. the lot) and ended up having to get off twice and had to wait for another train to come both times... so all in all, it took about an hour to get there.

    When we eventually did arrive, I was forced to sit in the waiting room for half an hour (even though they specifically tell you to show up 10 mins early so you'll not cause any issues with holding other people's appts back?) and had to stand at a window most of the time just to get air and calm down.

    So, the lady eventually comes out and calls my name and my legs are shaking so badly that my Mum has to walk me into the room and then the woman starts asking all these questions and my Mum tries her best to answer for me. I couldn't lift my head to even look at the woman because I was so freaked out and anxiety ridden by the whole situation.

    My Mum tells her I spend alot of time in my room alone and that I have trouble sleeping at night, that I can sometimes lay in bed all day (sometimes awake, sometimes not) and that my Doctor has been doing the whole trial and error thing with medication and nothing is working thus far. She tells her that I'm not comfortable being left home alone for long periods of time and that I'm incapable of going out without a parent being with me and that, since the whole Primark thing in 2013, my anxiety has gotten worse etc.

    So they failed me. I got 6 points and I think I needed 15? I'm being forced to claim JSA at the moment as I have no other source of income and my parents don't have alot of money for me to disregard it. I'm having to lie and say that I'm looking for jobs when I'm not because it's a waste of my time. I know I'm not in the right mindset to go out and do that right now.


    Does anyone know what I can do?
    Last edited by KAnne; 27-04-15 at 06:24.

  2. #2
    Senior Member acheron's Avatar
    Join Date
    Mar 2013
    Location
    sheffield
    Posts
    939
    Hi it sounds like you have failed the MR not the tribunal
    The tribunal has a panel who will listen to you made up of a DR and judge
    You need to apply for this
    More members who are more qualified to help should be along soon xx

  3. #3
    Senior Member
    Join Date
    Jan 2015
    Posts
    199
    after the reconsideration can't you now request to go back on ESA while you apply to a tribunal, i did and was granted it straight away, you are then paid the basic ESA until the tribunal date, depending if you win or loose of course.

  4. #4
    vikstar
    Guest
    Quote Originally Posted by Gentlegiant View Post
    after the reconsideration can't you now request to go back on ESA while you apply to a tribunal, i did and was granted it straight away, you are then paid the basic ESA until the tribunal date, depending if you win or loose of course.
    Yes you can, once the tribunals have accepted your appeal, http://www.youreable.com/forums/show...ll=1#post83360

  5. #5
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    If you don't understand much about you can contact some one like your local CAB, a good adviser there can help you do this Tribunal Application, they can also help you prepare your best possible case for the Tribunal Hearing. But you must move quickly as time is of the essence.

  6. #6
    Senior Member
    Join Date
    Nov 2014
    Location
    wales
    Posts
    306
    I find it so disgraceful people are judged on appearance like this. Seems the whole process is rigged to make people fail whatever they do or how theyre feeling. Iv been through the whole esa failed medical too. It was a nightemare. I had to sign myself out of hospital to get to the appointment as i was so scared theyd stop my benefits. They did anyway.
    Assesor said i looked great. Was articulate and interacted well.
    I told them in my appeal that illness doesnt rob me of my education and manners.

  7. #7
    Senior Member Lighttouch's Avatar
    Join Date
    Mar 2011
    Location
    Manchester
    Posts
    3,800
    Kanne, we all have our problems whether physical, mental or sensory. I also think we all also have potential. Having read your post I can see you enjoy writing and have a fairly nice writing style.

    I also see that you are from my home town of Manchester and I think your talents could be put to good use in the 3rd sector or disability movement to give you extra confidence.

    There's a young person's project happening at the Greater Manchester Coalition of Disabled People. If you have issues about travelling by public transport they could get you a taxi to attend and return home. http://gmcdp.com/projects-and-servic...isabled-people

    There's also Breakthrough UK who can help to enhance your skills - don't right yourself off as I can tell you have lots of potential to grow. Check out http://www.breakthrough-uk.co.uk/#!services/c1pr4

    Here's another organisation that is worth keeping in touch with http://www.traffordcil.co.uk

    Half the battle is knowing what opportunities are out there. You'll never find out if you don't network with other disabled people. I'm happy to act as your mentor if you need support to find your destiny.

  8. #8
    New Member
    Join Date
    Apr 2015
    Posts
    3
    Thanks for all the replies. How do I apply to/for a tribunal?

  9. #9
    New Member
    Join Date
    Apr 2015
    Posts
    3
    It's definitely unfair and is absolutely rigged for you to fail. I did some reading online beforehand and many people had been failed for the most ridiculous reasons. One failed because they had a pet, another because they had internet access and used a laptop and someone else failed because they were able to go to their doctor's appointments (I failed for this too)

    The assessor also said that even though I was quiet in the interview, I communicated well and was very literate on paper... and this somehow worked against me, because apparently being able to write and convey thoughts/feelings on paper means it's impossible for me to have a mental illness. It's frustrating.

  10. #10
    New Member
    Join Date
    Apr 2015
    Posts
    9
    Fightback have a ton of information about appeals:
    http://fightback.boards.net/board/47...ed-wrong-group

    Alternately you could email them at appeals@fightback4justice.co.uk (include 'urgent' in the subject field as they get alot of messages).

    If you have no cash at all, you might want to try 5quid4life - they offer small cash grants to people with mental illness who have fallen foul of the welfare cuts

    http://5quidforlife.org.uk/eligibility-criteria/

    Have you an empty fridge?

Similar Threads

  1. failed esa medical ? help
    By wardah in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 28-12-14, 00:09
  2. Failed DLA Appeal - What Next.
    By BeadsandThings in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 08-11-13, 16:22
  3. Failed appeal can I get IR ESA
    By philipcooper in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 08-08-13, 08:38
  4. failed medical
    By lauraj in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 11-06-12, 12:55
  5. Failed medical!
    By 1959greeneyes in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 18
    Last Post: 28-05-12, 19:36

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •