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Refused ESA 4 times - on job seekers but can't work - help!

Hi just a few words about myself i am a 56 year old male i have had rheumatoid and ostio arthritis plus a few other medical problems first of all i have worked hard since i was 16 however the last few years i have not due to my severe arthritis i need a double knee replacement and currently awaiting surgery i have been on ESA employment support however i have now been told for the 4th time that i do not qualify for ESA and now been put on job seekers allowance my mobility is very poor and the pain is constant even tho i am on medication to try to alleviate the pain but as anyone knows who as this condition this is on going pain and frustration i totally feel let down by the very system put in place to help anyone who are unfortunate to have health problems i also feel the point system used by health care professionals are really unfair stereotyping people who have disability and mobility problems noting that i turned up to the assessment as normal clean and tidy but this is a part that points are awarded so basically if i had turned up unwashed and unkempt they would award you points i am totally frustrated and dont know what to do next please any advice would be gratefully appreciated kind regards Paul.
Replies
As you haven't mentioned it did you ask for a mandatory review and then went to appeal?
You can find out more about the point system at https://www.disabilityrightsuk.org/work-capability-assessment
For the mandatory review you should ask for a copy of the report, which will set out the points awarded for each criteria, and you should focus on why you meet the higher criteria, rather than concentrating on what is wrong with you - that should be available through the evidence you provided.
In many cases the mandatory review will simply rubberstamp what the assessor has put, but success at appeal is around 65%. This is a lot higher if you can attend the hearing rather than having a paper appeal.
edited as part of the post was not relevent.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
Pain is pain and is evaluated based on levels of medication, what you feel is strong medication others might not. All you can do is to keep trying to prove your point and hope that the medical opinions bolster that belief.
TK
Depends on how severe it is Mine is bone on bone i certainly can't lead a normal life or work (stage 4 O/A) it doesn't get any worse , the only option as far as treatment goes for me is a TKR, and as i'm not as old as the op of this post, ther's no way i will be having that proceedure yet, because it's not something i wish to have to repeat in 10 years time
4 claims is a problem. Were all 4 pursued to mandatory reconsideration; appeal or Upper Tribunal? If they were then the answer may well be that you simply don't qualify.
So, 1st thing to do is to self assess. There are often posts on here from people who assert that they ought to qualify for a specific benefit but when it comes to it they have no idea why or the specific circumstances in which the benefit is paid. I'm not saying that is you but 4 claims without MRs or appeals of any sort would be a red flag to some extent.
So, start with your latest claim. When was the decision? If it was within the past month then you need to do a mandatory reconsideration. If you are outside that but within 13 months of the decision then you can do a late one but will need to explain why you're late as well as explaining which points you do think you qualify for. If you've already done one of these then you're at the appeal stage and again you have one month but up to 13 months.
The key question is whether or not you have self-assessed? Have you used, for example, the resources available at places like Benefits & Work to establish the points you think you're entitled to and, if you fall short of 15 points, then have you an argument for regs 29 and 35?
When you completed the ES 50 questionnaire did you answer the questions thinking about whether you could perform each activity repeatedly, safely and in a work context or did you just go down the "Yes/no" road?
If the answer is "no" to any of the above then you're part way to getting to grips with why 4 claims have failed. Lots of people talk about conditions being variable as though that were an unusual thing rather than the norm. However, with any form of arthritis you are, as has been observed, up against it as the starting point for a HCP will be that most people with it are capable of work and thus their only issue is pain management. You need to make a case in that context.