Employment and Support Allowance (ESA)
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Appeal

Hello Everyone,

So Sorry to hear about the terribly traumatic ordeals, I'm reading in disbelief.

I can completely relate to you all.

It seems as if they have dismissed all medically trained Assessors and replaced them with a bunch of Interrogators from Guantanamo Bay willing to inflict as much pain and suffering required , by any means possible

How conisdental that they have decided to afflict this behaviour and  roll out the cruel and hennous benefit Universal Credit, whilst all eyes are under the Brexit Negotiations .

My ordeal started 1 year ago, having not left the house in 9 months, I was told to attend an assessment.
On the morning of my assesment I had a migraine having 3 nights of no sleep due to  Mum having an emergency life saving operation which we was told she had 50 / 50 survival rate.
Thank heavens she pulled through, so even though it was a stressful prospect I held the thought that nothing could effect me any more.

Mum had organised a chaperone who is a mental health professional, I wanted to reappoint but didn't want to stress mum out, so I adhered to plans

Whilst waiting for my assessment my chaperone was keeping me calm with breathing excersises.
I was wearing an eye pack which is the only thing that helps migraines as daylight was so painful.
On encountering us, the Assessor , starred at us as if we was completely over acting, looking up and down at me and even rolling her eyes.

I have never felt so small in all my 40 yrs.
When entering the assessment room my chaparone introduced herself , and she immediately shot her down and told her not to speak. 
It was if she was revealing in her power over us.
Every single answer was met with an interrogation until I provided something detrimental to me that she could manipulate.
One of my conditiins fibromyalgia , was met which such ignorance it was breathtaking, st one point raiding her voice and shouting ' Where is the Pain'.

She questioned me over and over about an eating disorder I haven't talked about since 18, It was as if I was being violated.
It upset me so much I started to cry.
 At great length to conceal it, she then embarrassed me more bringing attention to it and loudly stating 'Is that a tear '?

After that the assessment was over from my perspective.
I was talking complete gibberish and replying in whatever way pleased her.

My chaparone stated she wanted to requesta break but was fearful of the implications for me.
On route home it slience, both of us trying to comprehend what we had just witnessed, only saying that it would be a long time for her to get over it, let alone me.

I've not gone out since and was ill for months after, not even able to discuss it until now.  
Even though I tried to reason that it's just a process everyone has to go through and there are ignorant people out there,mental health doesn't work like that.
I just felt so embarrassed and violated, going over the whole experience time and time again. Did I do or say something wrong.


When I received my feedback it was like looking at someone else's assessment, stating nothing about an eating disorder and even saying I prepare ready meals, even though I've never eaten a ready meal in my life
I received No points for anything.


Sorry  I've gone on a bit there ,, but the lies are so infuriating.

What I was wondering was whether to mention the lies and terrible experience whilst filling out my form for tribunal hearing.
I am currently filling out the SSCS1 form.
My chaparone is willing to write a letter too.
She I include it? Or does it come a cross as bitter for having ESA terminated.
Also should I included a backdated sick note from doctor? 
Is there anything else I could ask my doctor for as she is willing to help.

These assessments aren't recorded which I find amazing.

Just would like to say Thankyou for all advice and support I've gained on here.
I felt completely alone until I read or the horrific experiences others are also facing.
Many Thanks and Good luck to anyone appealing against these Immoral Rogues. 

Replies

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    This esa assessment is a total pile **** they give you peaple who no feeling or compassion it’s a disgrace how they treat us we’re human not some piece **** it’s awful as we’re British they need looked into and shamed 
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Hello shabby rose I can only say sorry on behalf of humanity X 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Hello Rose, I completely relate to what you are saying. You can ask for the assessment to be recorded, you can also ask to be assessed by a doctor. 

    The HCP report is used as evidence by the DM who has a legal duty to ensure that their decisions are based on facts. On that basis, I would point out all the errors in the report and state why they are errors backed up by medical records and letters from your specialists and carer. 

    You also have to state what descriptors should have been applied in your assessment, and explain why they apply to you.

    The first step in the process is to get Not Fit for Work / sick notes from your GP, also ask for a Mandatory Reconsideration. You can do this by phone to speed up the process.

    Once you have the MR decision letter, you can start an appeal using the SSCS1 form, once your appeal has been acknowledged in writing by the tribunal, phone the DWP to let them know you have appealed and give them the reference No from the letter, then you will be paid ESA at the assessment rate as long as you have sent in sick notes to cover you. 


  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Hi benestmonk I got turned down for my esa I’m going to do mr what do I get to live on till do this and appeal tribunal x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    Hi benestmonk I got turned down for my esa I’m going to do mr what do I get to live on till do this and appeal tribunal x
    As previously advised, you need to wait until they make a decision on the SDP that you applied for because if you were entitled to this and the decision is made soon then you won't be able to claim UC.

    If you claim UC now then you won't be able to go back onto ESA while you wait for the Tribunal.

    Even if you claim UC then there's a 5 week wait for your first payment. My advice is to get some help with the MR and request that as soon as possible and don't delay this process.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Just waiting for letter then il do mr sdp haven’t replied yet il ring next week my worry is I’m diabetic I need food thank you sorry I’m a pain xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No need to be sorry, it's all very confusing and worrying. I know you claim PIP, do you have family that can help you in the meantime? The SDP could take 3-4 weeks to make a decision from the time they receive the form.
    Community champion and 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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Dotty123 said:
    Hi benestmonk I got turned down for my esa I’m going to do mr what do I get to live on till do this and appeal tribunal x
    You have to go to the CAB Dotty, if you have one in your town. They are in charge of giving out vouchers if you need them. So there you go, the government has put the CAB in charge of policing food vouchers where I live.

    Do the MR by phone to save time, you need to see your GP to get Not Fit for Work notes from the day ESA was stopped, once you have the MR letter, you can start an appeal. Then you will get ESA at assessment rate.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Benistmonk you say get sick note off dr then what do I do with it I’m going do mr got wait for letter and result of sdp but will take 3/4 weeks x
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Dotty123 said:
    Benistmonk you say get sick note off dr then what do I do with it I’m going do mr got wait for letter and result of sdp but will take 3/4 weeks x


    You have to send it to the DWP otherwise you won't get paid ESA, have a read of the link below, you can do it online. Or you can send it by post if you are not up to using the online system.

    Remember the sick note must be backdated to the day ESA was stopped.   What is sdp?

    https://www.gov.uk/send-fit-note
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You will need to fit/sick notes for when the Tribunal accept your appeal for you to go back onto assessment rate of ESA,  if the MR doesn't change the decision and most don't. The fit note will need to be dated from when you were found fit for work otherwise your money will not be backdated. This is providing you don't claim UC in the meantime.

    Don't wait for the decision of the SDP to request the MR because you only have 28 days from the date of the decision to request this, which i why i advised you to get some advice from an advice agency near you for help with the MR. Putting it in writing is always better than requesting it over the phone, then they can't turn around and say you didn't request it.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Do I have to wait for the letter before seeing cab xxthanks poppy x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    Do I have to wait for the letter before seeing cab xxthanks poppy x
    You're welcome. No you don't but you should receive the letter within the next few days and i'm sure with how busy CAB usually are, you won't receive an appointment before then. You may also want to consider another advice centre in your area if CAB are busy... possibly welfare rights or a law centre?
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Oh can I ask one person says get unfit sick notes you say fit notes can you explain plz 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    Oh can I ask one person says get unfit sick notes you say fit notes can you explain plz 
    The correct name is fit notes and they used to be called sick notes.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    So I need sick notes when shud get them 
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Fit notes dotty mind you if you get a sick note they'll say your fit can't win can we 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As soon as possible but you won't need to send them until you go back onto assessment rate for ESA and this will be once the Tribunal accept your appeal. BUT first you need to request the MR. Please Dotty, speak to a local advice centre near you because it's all very confusing and complicated.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. I just want to make sure you get some help because there's so many things to explain and it's extremely difficult to do that on an internet forum.

    Face to face advice is always better and they will also help you. You will be able to tell them how your conditions affect you and then they will be able to advise you which group they think you should be placed into because they will have some understanding about the descriptors for each of the groups.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Il go see cab when letter gets here thank you poppy x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome xx
    Community champion and 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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Dotty123 said:
    Oh can I ask one person says get unfit sick notes you say fit notes can you explain plz 
    The correct name is fit notes and they used to be called sick notes.


    The are same thing Dotty. The full name is "Statement of Fitness for Work" and below that it says, "For social security or Statutory Sick Pay". 

    If you show the DWP letter to your doctor and say you need a sick note from the date on that letter, they will know exactly what you mean. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you simply ask for a sick note your GP will know exactly what you mean.
    Community champion and 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.
  • Davy1969Davy1969 Member Posts: 2 Listener
    Hi I had the same thing at my WCA and got my decision saying I failed I wrote back on my mandatory reconsideration that I wanted too see the WCA assessor's medical credentials and what qualifications the decision maker had they can't come up with anything o I stopped failed waiting on appeal date now unreal
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Thank you guys gals especially poppy must have her mad by now I’m old haven’t clue do I need appt at docs and do need wait 7days x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    lol no you haven't. Yes, you'll need an appointment for the sick note. The 7 day waiting period that you're thinking of doesn't apply to you because you've been found fit for work.

    Once you have that appointment with an advice centre they will explain everything to you.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    edited February 2019
    Got my esa letter what a pile of **** I can’t see dr till 5th March when do I send not fit for work notes in 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dotty123 said:
    Got my esa letter what a pile of **** I can’t see dr till 5th March when do I send not fit for work notes in 
    The fit notes won't be needed until you request the Tribunal BUT they need to be backdated to the date you were found fit for work.
    Community champion and 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.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Grt x Valentine’s Day haha 😂 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Been to cab there Grt got appt 11/3/19 then send recorded sdp they say I am entitled to shud get quite bit back money new rules can claim USA on my terms for illness and crisis from council give you food gas elec 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Dotty123 said:
    Got my esa letter what a pile of **** I can’t see dr till 5th March when do I send not fit for work notes in 

    5th March! that's a long way off.

    You can ask for an appointment on the day if you phone the surgery, phone at 8.00am or 2.00pm and ask to see the duty doctor.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Reception says can’t use emergency appt for sick note 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    edited February 2019
    Yeah they would say that. ;) Unless you have completely recovered and you are 100% pain free, surely you can think of some reason to see the doc, about your prescriptions, pain in your back, leg, sore feet. 

    Actually I have just remembered, you can ask for a phone appointment. 
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