Employment and Support Allowance (ESA)
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Told I was fit for work...

SystemSystem Posts: 544

Scope community team

This discussion was created from comments split from: How do you win an ESA appeal?.

Replies

  • shamyshamy Member Posts: 8 Listener
    Hi all I was first diagnosed in 2011 with a prolayped disc L5.S1 eventually I was told that surgery would relieve my pain which was in the bottom of my back and all down my leg as painkillers was not helping with my pain I couldn't see an easy way out for me to realeave the pain so I agreed to having surgery the opreation was a success for me the surgeon told me that they shave a part of the disc off and shouldn't have anymore issues . For a year I was happy working doing a job that I loved to do then the pain returned I was then sent for another Mri scan which showed that the disc that they operated on had came out again so I had the same pain in my leg and back and again agreed to having surgery for a second time the pain did go for about 8 months unlucky for Me the pain returned but this time was more pain full my doctor refured me for a 3rd mri scan which showed Ithat the same disc that they had operated on twice the rest of the disc had come out the scan also showed that I have 4 other discs  bulging 2 in the middle of my spine and 2 bellow that and there is signs of arthritis in most of my discs the surgeon that had done both operations then told me that a 3rd operation would not be done because I would not benefit from it as it would effect the other discs even more that what they are and I would be on medication for rest of my life so my wife made an appointment with a different spinel surgeon to see what he would say about my condition but was told exactly the same thing and medication would help with my pain I was then prescribed morphine tablets 12 hour slow release my recommended dose then was 30mg twice a day so I carried on working as the months went by the pain started to get more painfull the doctors upped my dosage to 180mg 3 times a day plus I was taking liquid morphine as well 10mg twice a day but battled on working right up to November 2017 I could not take anymore of the pain and am struggilng to walk now due to pain I am in i don't sleep properly at all and most of my time I sleep down stairs most I get is about 3-4 hours don't go out much because I can't walk that far I made a claim for ESA benefit which they agreed  to I then received  a letter that I had to attend a work assessment which I agreed to at the assessment the assessor asked me would I agree to a physical examination and I said yes to I now wish I didn't agree to it I was left in a lot of pain and tearfull I was asked to lay flat on my back which I told the examiner that I can't lay flat due to 2 bulging disc in the middle of my spine but the examiner didn't take any notice of me after the examination was finished I was told to go and dwp would be i  touch with me 2 weeks later I revived a letter saying that your esa has been stopped as the examiner has said that you are fit to work and the NHS would supply you with a wheelchair which I find an insult I have appealed against the decision with letters from my doctors saying I am unfit to work due to my condition... hope anyone can give me some advice on this matter
  • portia1960portia1960 Member Posts: 8 Listener
    From my experience , it appears to me that assessors refuse to listen , and at the end of the day they tar everybody with one brush .

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    From my experience , it appears to me that assessors refuse to listen , and at the end of the day they tar everybody with one brush .

    That's not true. There's plenty of people that claim ESA and PIP without any problems at all. You have to remember that those that have a decision in their favour and have an award they're happy with have no questions to ask, so we don't hear their story. You will always mostly on ever read and hear the bad stories on any internet forum. 
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi Shamy,

    ESA is about the work you can do and during an assessment they will assess you to be able to do any type of work. This includes using a manual wheelchair and if they think you can propel yourself using one of these they will likely find you fit for work. If you'll have difficulty propelling yourself in one of these then this is what you'll need to concentrate on. 

    You say appeal, will that be the mandatory reconsideration or Tribunal? Are you getting help with this process? Did you send evidence to support your claim because they rarely contact anyone for this. 
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • shamyshamy Member Posts: 8 Listener
    Hi mandatory reconsideration they have received scan letters showing disc problems T8-T12 what medication I'm on now including diazepam, nortriptyline and matrazapine for depperstion and a letter from my GP stating severe back problems I'm also involved with the well being service
  • shamyshamy Member Posts: 8 Listener
    Hi poppy no I'm not getting any help with this claim
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