Employment and Support Allowance (ESA)
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ESA appeal

I had my ESA assessment on the 7 November last year, (previous assessment was February last year, 9 months) I scored absolute zero points, assessment in February seen by a doctor and was placed in support group.  November seen by a physiotherapist ZERO. did a mandatory reconsideration no change. I’m appealing, purely because the assessor has lied from start to finish of the report, has stated assessment started 20 minutes before it actually did, and the lies just go on and on I wasn’t in the assessment room more than 15 minutes max. 
I’m not sure where to get help with my appeal my local citizens advice is hardly open and very busy when it is, as far as I can tell there is no welfare rights office near me either.  
 Conflicting advice is don’t / do point out  where the assessor lied, others say just say what you disagree with.  According to my assessors report they gave a full examination, they never, asked loads of questions, all the questions I was asked was about when I was diagnosed with my illnesses. (CFC/ME, fibromyalgia, arthritis etc) I really can’t believe a so called professional can lie through their teeth. I really don’t know what to put on my appeal.  I was told, Not sure if it’s true that some assessors like to fill in a lot of the report before calling you in, just maybe that’s why there is a 20 minute discrepancy on an assessment that took just 15 minutes.   
The assessor assumed with all the medication I’m on there are no side effects where there are. Didn’t mention I had to be nudged awake by my sister. And the only physical thing I was asked to do was get on the couch provided, they said I used the step where in fact it was steps. Never mentioned the backrest had to be lifted as I couldn’t lay flat.  The lies are unbelievable pity I never asked for it to be recorded.  Any help or advice would be much appreciated thank you. 

Replies

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    It’s all lies they are bunch liars it’s disgusting and makes our drs liars it shud be against law and we should get together and take it to court 
  • michfinchmichfinch Member Posts: 173 Pioneering
    Totally agree. I have my local TV Station involved. My report was filled with errors and lies, I wondered if my friend and I were in the same room?? These vastly under-qualified  people should not be able to override the findings of our own Specialists and Dr’s.
  • paul_willpaul_will Member Posts: 9 Listener
    Pity we can’t sue the assessors when they blatantly lie, if just one was sued for lying the rest might fall inline and tell the truth.  
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    They say they are obliged to look after us I ain't met a liar who's been any help to me it's obviously a set up they convince themselves they are right 
  • michfinchmichfinch Member Posts: 173 Pioneering
    Talk talk to your local media. If, like me, you can prove the assessors are liars and you have hard evidence, do it!
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    You can complain about them to whatever medical body they are registered with and hope they get struck off. I know some people on here will tell you not to complain about the lies in the HCP report, but to concentrate on the descriptors and why they apply to you. I make a point of doing both.

    And even if pointing out the lies makes no difference to the overall appeal, which I am not convinced that it does, the HCP report is used as evidence by the DWP at tribunal, so to prove the lies can only help your case IMO. I am pretty sure no tribunal judge can rely on a report that contains lies.
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    To be honest I ain't got a lot of fight in me at the moment that's one thing I miss about being younger the fact is pure and simple there's something dark goin on . Just think for a second what if everyone could see the issues on this forum and people s stories . If I went in my local pub I'll guarantee 100per cent would be disgusted do you think your friends would feel the same 
  • paul_willpaul_will Member Posts: 9 Listener
    michfinch said:
    Talk talk to your local media. If, like me, you can prove the assessors are liars and you have hard evidence, do it!
    Pity the assessment wasn’t recorded then I would have evidence, I only have notes my sister took for me during the “long” 15 minute assessment.  Any one on some of my medication would know there are side effects, amitriptyline 40mg   Sumatriptan 50mg just to name two. I’m hoping the Judge and more so the doctor at the appeal will see through the lies of no side effects.  Apparently I’m at risk and putting others at risk to if made to work due to the side effects. That was what my doctor said. He gave me a sick note as soon as he heard my MR failed backdated it to the day the phoned me at told me my esa has stopped that day. It’s for the maximum he is allowed to do 3 months but I only have to phone the surgery now when it’s due to run out.  My view a physiotherapist think they know better than a qualified doctor? 
  • paul_willpaul_will Member Posts: 9 Listener
    You can complain about them to whatever medical body they are registered with and hope they get struck off. I know some people on here will tell you not to complain about the lies in the HCP report, but to concentrate on the descriptors and why they apply to you. I make a point of doing both.

    And even if pointing out the lies makes no difference to the overall appeal, which I am not convinced that it does, the HCP report is used as evidence by the DWP at tribunal, so to prove the lies can only help your case IMO. I am pretty sure no tribunal judge can rely on a report that contains lies.
    It’s all about proving the lies? I have the details of HCP and I also put in a letter of complaint to ATOS-now healthcare assessment advisory service, I am including the letter of complaint in my tribunal, the only evidence I have of the lies is the notes my sister took at the assessment but I doubt they can be used.  Question is how in 9 months can I go from support group to zero points.  
  • paul_willpaul_will Member Posts: 9 Listener
    To be honest I ain't got a lot of fight in me at the moment that's one thing I miss about being younger the fact is pure and simple there's something dark goin on . Just think for a second what if everyone could see the issues on this forum and people s stories . If I went in my local pub I'll guarantee 100per cent would be disgusted do you think your friends would feel the same 
    My family and friends can’t believe I have lost my esa. Even they can see the lies on the report.  
    This is the first time in 15 years I have had to go not just do a mandatory reconsideration but i have never had to appeal, goes to show doesn’t it.  Get assessed by doctors get support group, get assessed by a physiotherapist and it’s miracle I can become an Olympic athlete or champion weightlifter🙄🙄
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
     I’m hoping the Judge and more so the doctor at the appeal will see through the lies of no side effects.


    There you go, that is evidence right there. 40mg amitriptyline can cause drowsiness and sumatriptan 50mg can cause dizziness. So how does that make you fit for work? can't can it. 

  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Paddy and Mick on a plane Mick sez if this plane turned upside down would we fall out paddy no Mick we'll always be mates 😃
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I take codeine atovastatin and another 250 mg during day I fall asleep would a job let me have nap xx
  • paul_willpaul_will Member Posts: 9 Listener
     I’m hoping the Judge and more so the doctor at the appeal will see through the lies of no side effects.


    There you go, that is evidence right there. 40mg amitriptyline can cause drowsiness and sumatriptan 50mg can cause dizziness. So how does that make you fit for work? can't can it. 

    That’s my point they both do exactly that, but the assessor stated i have no side effects they never even bothered to ask. Oh one more point. Said I take nothing for migraine ( FYI I suffer badly from them)  despite my pizotien ( a preventative) being direct in front of them, as was all my medication that they never even took out the bag to check it was prescribed for me. 
  • paul_willpaul_will Member Posts: 9 Listener
    Dotty123 said:
    I take codeine atovastatin and another 250 mg during day I fall asleep would a job let me have nap xx
    Sure they would! If they where a very good employer 😂😂😂😂.  I couldn’t even get a job volunteering because I was “to much of a risk” and wouldn’t be reliable due to my CFC/ME 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    They sure did this wrong shud all be sacked x
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    That’s my point they both do exactly that, but the assessor stated i have no side effects 


    You have to ask the DM what evidence the assessor has to back up that claim, is it opinion or based on fact?

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Mine Neva spoke to me in my assessment my dr put can’t work for hands she said how does he no 
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Well we ain't supposed to drive under the influence of drugs what's the difference with work 
  • michfinchmichfinch Member Posts: 173 Pioneering
    The Judge and Dr at my ESA appeal were very good.
  • paul_willpaul_will Member Posts: 9 Listener
    michfinch said:
    The Judge and Dr at my ESA appeal were very good.
    I hope whoever is at mine understand what i go through everyday.  I used to work 70 hours a week. 1 full time job as a head chef and 3 part time jobs cleaning offices banks and even my local job centre,  I used to go
    swimming 3 times a week and go out most weekends. Now my rubbish bin goes out more than I do 😂
  • michfinchmichfinch Member Posts: 173 Pioneering
    Well you’ve still got your sense of humour!
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Any appeal to MR or tribunal should focus on how and why you meet the criteria. CM's and tribunals are not interested in misrepresentaions in the report.
    By trying to dispute what the assessor has said or done will only confuse the situation
    Any complaint about the assesor or the report contents should be directed to the assessment provider

    Be all you can be, make  every day count. Namaste
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I agree with that, but if you have to appeal to a tribunal, that is the time to point out what is wrong with the HCP report which is being used in evidence against you.
  • paul_willpaul_will Member Posts: 9 Listener
    I agree with that, but if you have to appeal to a tribunal, that is the time to point out what is wrong with the HCP report which is being used in evidence against you.
    So as well as saying how my illnesses affect me I should also point out the assessors “errors” lies?  This appeal is daunting for me as this is the first appeal I’ve had to do an it was also my first mandatory reconsideration, so I’m going to do a letter saying how my illnesses affect me, then maybe another pointing out the lies inaccuracies as well. I was told I could also include a copy of the official letter of complaint sent to the HCP company.  I’ll leave it to my sister to point out the lies told because she is fuming she was with me 
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    A copy of your complaint could be included with your submission to tribunal, but your main focus should still be showing how and why you meet the criteria for each descriptor that applies
    Be all you can be, make  every day count. Namaste
  • clarkjohnsonclarkjohnson Member Posts: 210 Pioneering
    Howabout they meet the criteria. You no the one that treats people with respect and dignity any one who tells lies ain't worth the ground they stand on 
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    Howabout they meet the criteria. You no the one that treats people with respect and dignity any one who tells lies ain't worth the ground they stand on 

    Like it was in the old days before assessments. 
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