Page 1 of 14 12311 ... LastLast
Results 1 to 10 of 136

Thread: Have started an appeal on ESA

  1. #1

    Have started an appeal on ESA

    Hello everyone, Good Morning.

    I would love some help and advice,I would be very grateful for any enlightenment on a situation. My Mum, 57, has been on ESA for a year, and was asked to attend a medical after they said she would not need one. She suffers with aorta problems, bad arthritis in her hands, severe migraines, has a messed over-active thyroid that is making her hair fall out and lose weight, she is under 8 stone and has no appetite or energy. She suffers with a very bad frozen shoulder and cannot sleep or do much with it, a bone(s) at the bottom of her back (I can't think of the name) is crumbling/eroding confirmed by scans and x-rays and cannot walk for more than 10 minutes otherwise she is in tears. She has suspected arthritis in her hips and makes sleeping a hard task for her. I'm worried sick because I'm watching my Mum waste away, she barely eats and just looks so ill. If she could work, she'd be doing it, and I understand their protocol but find this so desperately unfair. She is currently distraught because we cannot afford the rent now and we don't know what is going to happen.

    We got the result from the medical yesterday which was by phone call and she was told it is a no and scored 0 points and I could not understand how or why. So she asked to appeal and now we are waiting to receive it in the post. We have a Doctors appointment later as I would like to ask her Doctor if he can write a letter on her behalf, and will be going to my local CAB on Monday morning. Is there anything else I can do? I want to do everything possible to show them that my Mum really cannot work. I will also be calling up Makerfield today to ask for a copy of the medical score sheet for her, as to why she failed.

    I would be so grateful for any help. I am in bits watching my mum cry.

  2. #2
    Thank you very much Davewhit, will make sure to get a new sick note today. Thanks for your help

  3. #3
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    You cannot begin Appeal until you receive the 'Decision Notice Letter', when you receive it ask Doctor for a 'Fit Note' dated from day ESA stopped (in Letter). This 'Fit Note' must be for no longer than a month, subsequent ones for no more than 3months, make a copy of it and send it together with GL24 Appeal form to DWP.
    Everything you send to DWP from now on you must copy first and keep on file for you're future reference
    .

    Appeal form (GL24), you do not have to go into great detail about your reasons for Appeal, just be brief and say something along the lines of 'you do not believe the full extent of Mum's condition & it's affect have been fully and properly considered' and, you will provide a fuller submission when you received from them all documentation used in the decision making process ( and make a request for them/ESA85, LT54 and any other documents used). If the Doctor has given a letter include a copy, any letters of this kind you keep originals and send them a copy, also include any information supporting mum's case they may not have as you may get the decision changed on reconsideration before it goes to Tribunal Service.
    But remember, this (GL24) form must be returned within a month, so don't hang about with it
    - you can send anything else on later.

    Talk to CAB ASAP and/or SHELTER particularly with regard to your other troubles, my best to you both, come back to this thread if you require more help/info.

    NB: You will receive a reconsideration automatically there's no need to ask for one, OK.
    Last edited by Jard; 02-08-13 at 10:56.

  4. #4
    Jard,

    Thank you so much for telling me this, I'm really not savvy on the forms, regulations and our rights but this helps a great deal and has helped my Mum feel a bit better. I will most definitely make them aware of all conditions as we were not aware about her eroding back bone until after the medical, or her frozen shoulder. I really hope her Doctor will help, I would be so grateful.

    I was wondering, if the Doctor declares her not fit for work, will they take that into consideration or does it not really mean much?

    Thanks again

  5. #5
    Senior Member susieboots's Avatar
    Join Date
    Mar 2013
    Location
    Sleaford, Lincs
    Posts
    733
    Once you have received the Medical Report and Score Sheet, you can write directly to ATOS to make a formal complaint about the medical report if you feel it does not reflect the assessment, and your mum's medical issues.

    I sent a complaint to ATOS, and have now received a letter of apology and the Independent Medical Advisor said it was not fit for purpose.

    So, good luck, and I wish you and your mum well. Susie

  6. #6
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,782
    Quote Originally Posted by purpleears View Post
    Jard,

    Thank you so much for telling me this, I'm really not savvy on the forms, regulations and our rights but this helps a great deal and has helped my Mum feel a bit better. I will most definitely make them aware of all conditions as we were not aware about her eroding back bone until after the medical, or her frozen shoulder. I really hope her Doctor will help, I would be so grateful.

    I was wondering, if the Doctor declares her not fit for work, will they take that into consideration or does it not really mean much?

    Thanks again
    YES: Get Doctors letter to that effect and ask for any information reports etc of medical condition, these being the reasons behind her difficulties. Send all this to the DWP as soon has you can, telling them they have only now become available, you may get lucky and get the decision changed on reconsideration:- and by the look of things you're about due a bit of luck.

    All the best

  7. #7
    Hello

    We went to the Doctors, and the doctor wasn't very keen to write a letter as it wasn't actually needed but told my Mum to come back with the form then he will write a letter for her, which will be either tomorrow or Friday. They didn't send the medical report I asked for either, they just sent the GL24 form. So to send a Doctors letter, and any extra information about my Mum, is that okay for now? We will be going to the CAB this week.

    Thank you everyone for your help, can't explain how grateful I am

    Purple

  8. #8
    Senior Member
    Join Date
    Aug 2012
    Posts
    779
    You need to get a copy of the medical report, so ask them again. Without it you have no idea what they said, conclusions they've made. Once you get the report, sit down, make a list of all the statements that you feel are inaccurate/wrong/unclear and write next to each one why. It might take a while to do but it is worth doing.

  9. #9
    Hi Rich,

    That is exactly what I am doing. I am on the phone to them now asking for the report, but are telling me they are not the people to send it out. I've rang Makerfield and now the free ATOS helpline and both are denying us the medical report. Why do they have to make everything so difficult.

  10. #10
    Senior Member
    Join Date
    Aug 2012
    Posts
    779
    Do you have the decision letter yet?
    Or any other letter from the DWP? The place/number you need to ring to ask for the report will be at the top of the letter. Ringing ATOS won't help - it is the DWP who will be able to send you the report.

Similar Threads

  1. started work?
    By casperdog in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 24-06-14, 08:33
  2. mandatory reconsideration started without me ?
    By Kate25 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 1
    Last Post: 12-04-14, 20:57
  3. Started claim for PIP.
    By babyblu64 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 2
    Last Post: 04-02-14, 09:28
  4. started appeal against wrag / got atos form 3 days later ???
    By samboleen in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 25
    Last Post: 06-08-13, 13:38

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
  •