Esa and fit for work

1. stevie1910 2 August 2012 at 13:41PM
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   i have had this problem now suffering with bronchieictasis for 2 years, i also have been unwell, i was found unfit for work at my 1st medical, and after 6 months had another, and was found fit for work by a 2nd rate doctor at atos, i have been waiting for my tribunal a year now and besides sending letters from consultants and doctors, the dwp wont overturn the decision, i am still on esa and the base rate and have to send in sick notes on a regular basis, basically has anybody experianced this and also does anybody know of anyone who i could ask for help to represent me , i have tried the cab but they are swamped, ive worked all my life untill i was diagnosed late 2010, and now i find life a struggle, i allways thought the dwp were here to help and give support,but how wrong i was, despite numerous calls and sending information from doctors and consultants, they just ignore me, so if there is anyone out there who has any ideas or just to chat too to help i would really appreciate it, ive still heard nowt about my tribunal and its been a year now and the dwp just say youll have to wait

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2. Sue516 1 September 2012 at 23:08PM

   Hi Stevie

   I hate to be the bearer of bad news, but the DWP are definitely NOT here to help, nor will they give any support whatsoever. Occasionally you find a friendly voice on the telephone, but that's about all. They are trying to get as many people as they can off benefits and into work, whether they be sick or not.

   I'm in remission from bowel cancer. It's been three years now, but I won't get the all clear for another two.

   It's not the cancer now, that's the problem - it's the after effects of the 6 months of chemo. I have had ADHD all my life. Didn't find out until my daughter had it, but have never been treated for it. The chemo seems to have made the symptoms of the ADHD much much worse. I am under the care of the community mental health team, and am trying various medications to try and get my head sorted (not much seems to be working so far, unfortunately) but I have been advised by the mental health team to apply for disability living allowance now, as ADHD is classed as a disability under the autistic spectrum....still waiting to hear about that though...it's only been just over a month!

   I, too, failed the medical last October, and only had the appeal tribunal a couple of weeks ago, which also failed me....they just don't seem to 'get' mental health issues. They also look at what you're like in a home setting....well, I can diddle about round home....I'm hopeless though really - house always looks like a bomb hit it, despite me doing my best to stay on track and actually finish any jobs around the house! I burn food and stuff with alarming regularity....I've learned only to try and use the stove, and oven when someone else is around, my short term memory, and concentration is shot to bits. There's loads more but I won't bore you! I want them to assess me as if I'm in a work situation....I'm even worse than hopeless! lol One of the things I failed on was the fact I can operate my washing machine....the one that I've used on the same programme for five years, and which takes the push of three buttons!! Hardly rocket science.

   Have you applied for disability living allowance? Maybe you should look into it....you have this illness, you need help, you can't work...it's not the same as ESA, the criteria are slightly different.

   I went to my local community law for help with the tribunal , not sure if there's one in your area, but you could also go to welfare rights advisers...there must be something in your area - if the CAB are swamped, could they give you the names of any other places you could go? They should be aware of any other groups in your area.

   The tribunal is there to hear you say why you think you should be on ESA, and to put your case forward. No amount of lobbying the DWP will make any difference...you just have to wait for the tribunal. Keep all the letters/appointments from doctors and consultants, and any diagnosis. If you can, get them to say how badly your illness affects you in day to day living. Make sure the tribunal know how bad it is on your WORST day/s.

   There is a group on facebook who are quite supportive, if you're on there - it's called ESA/DLA and if you have questions, there are usually people in there that can answer.

   The tribunal will concentrate on the medical form that you will have recieved back from the medical, with all the reasons and points scored on it. Make notes of why you think the ATOS assessment was wrong.

   I wish you luck

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