Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

ESA were dead wrong

Hi I'm writing on this to ask a little advice ,I've read through some of the other threads and I've seen how much esa has fucked about with people's lives. My dad was on ESA for a couple years, he went for the assessment in August ish and they told him "he wasn't sick enough to be on ESA" He didn't appeal, as it was a struggle for him to get about, he had bad breathing issues, and a bad back, and he didn't know you could appeal and apply for JSA, he was so worried that he would be left with no money. I should probably point out he was only 42 At the beginning of this year, just after new year, I found him dead in his flat. I've recently been informed that he died due to his breathing issues, specifically COPD which he never knew he had. (I had to Google it, as it's not very well heard of to some people) Knowing what like he was in stubbornness and such it was partially his own fault as he didn't bug the doctors about his breathing difficulties enough. But on the other hand ESA made a decision, and like with alot of you, was wrong. If they done that to him, how many other people have they done it to that are seriously ill and haven't got to the issue underhand. I want to make a complaint (once I have spoken to the rest of the family, and we bury him, it's taken this long for the results to come back of the autopsy) not because I want anything, but I want ESA to reconsider their screening process. I realise it would take longer but I would rather they done in depth research rather than risk someone else's life. By in depth I mean, if they are saying they are on ESA for a specific reason, double check with doctors (yes I know they do this) but if the doctors don't have much on this, give the person a time limit to go to the doctors, get tests done for that specific problem, come back and hand in evidence. If they don't do this within the time scale (e.g. a couple months) stop their ESA. If they can provide evidence from the doctor that they are waiting to be tested but it is the hospital/nhs holding them up, let them have extended time for every time they provide evidence until they get tested. Not only could this weed out the fakers from the people who genuinely need ESA, it could save lives. It gives stubborn people like my dad who don't want to hassle anyone incentive to go get tests done, and to keep badgering doctors even after they said they won't test for that. I realise I'm probably going to get a few folk telling me if my dad was that stubborn then it's all on him for not complaining more, what i want you to realise is there are so many people out there that wont shake the boat because they dont want to cause hassle for others. In this case he didnt want to hassle the people at ESA or at the doctors. So to get to my point after that massive ramble/rant, what's the best way to start this, I don't want to cause a scene and go straight to legal, the girls were just doing their job, I'd rather do this civally, and I understand I won't be able to change the whole screening process but even if they adapt it a bit, it could help some people. Thank you for taking the time to read this. Sincerely Mello

Replies

  • tommtomm Member Posts: 231 Pioneering
    edited February 2018
    A GP or other specialist consultant is best placed to assess if their patients are capable of work or not,
    The WCA is a work capability assessment and not a medical examination,they do not advise or make diagnoses , the purpose of this WCA farce is to find as many people fit for work as they possibly can, If claimantsdon't have clinical evidence that supports their claim  then their chances of success are seriously reduced

    As for trying to mandate someone to undergoe tests ,or any form of treatment is wrong, as it is up to each person, it's important we don't loose that freedom / human right, Governments should never be able to without payments of a benefit, where someone refuses treatment,  treatment may involve major surgery,that may result in someone being more disabled than they where before)

    Governments already have far too many powers over us now, we should not give them more,as for GP's writing reports or letters of support for patients  some charge  a lot of money for doing this , the DWP never asks for in depth info from GP's,    Sadly governments do not care about us the ordinary people , sorry for your loss .

    IMO if a GP isn't pro active where their pattient  complains of things like being short of breath then they could be failing their responsibilties to their patient my GP will usually err of the side of caution if he is unsure of something he will refer me to the appopriate dept at the hospital   

  • mellomello Member Posts: 4 Listener
    I understand where your coming from but if they can't find what's wrong with you yet, then you wouldn't have any clinical evidence. It seems a bit ridiculous that things like that are what decide your well enough for work.

    I'm not saying mandate it, if a person doesn't have the clinical evidence and is most likely to get kicked off of esa then I'm saying give them an option to go get tests done in a time period. If the person chooses not to then so be it, they can appeal or sign on to JSA, but it gives people who would want that time to try to get evidence just that, time. 

    When they sign you up to go to the assessment they tell you to bring evidence but they aren't very clear. My dad though his evidence was the years upon years of sick lines from the doctor and his medications. 

    But again I understand where your coming from aswell, 

    Also my above points in the original posts are not well thought out things I want to change, these are last minute thoughts, scatterbrained ideas with no backbone 

    But I do want to complain, because their decision said he was fit for work, he very obviously was not (they made him take the breathing test they use to check asthmatics and he could barely move the gauge, and they made him stand and sit to the point where he was shaking in pain at the assessment) maybe if they had asked the gp indepth questions it might help 
     Maybe my complaint as small as it is will start something, maybe it wont, but I won't know until I try 

    Completely agree on the government part though.

    Thank you 
  • tommtomm Member Posts: 231 Pioneering
    edited February 2018
    My suggestion on this would be rather that complain to the DWP and or Maxifarce( CHDA ) Which would not result in anything changing ,

     Find out the name and details of the HCP  who assessed him, Name should be on the ESA85 WCA report
    All HCP's will have agreed to undertake some form of Good medical practice
     like this for Doctors who are registered with the GMC  https://www.gmc-uk.org/guidance/good_medical_practice.asp

    And regardless of them working as a GP or disabilty analyst for benefit assessments  they have to regard people  they see as their patient regardless

    The HCP may of failed to undertake what the agreed with their proffessional body, and they may stike the off the registers so they cannot pratice,
    it's easier  to go after the individual  than the entities they work for 

  • mellomello Member Posts: 4 Listener
    Thanks tomm that's helped alot, 

Sign in or join us to comment.