Health assessment decision-lies

CEHarries06 · February 2019

Hi , im writing on here because i really need someone to talk to. I have severe anxiety and also depression, and after recently having a health assessment for esa have now received all the information and notes from my assessment which has resulted in my losing esa.

This assessment report is just full of lies, including not being asked most of the questions on the form but yet the registered nurse (not even a gp) who done my assessment kindly decided to answer these questions for me claiming the client (me) had answered.
There is also a great number of mistakes where things i have said have been changed and proof of this is within my assessment as its stated my main issues started after the passing of my grandfather which is true, who i lived with and cared for, for 26 years of my life. They then went on the state that i have my grandfather pick my son up from school for me now cause i can not. My grandfather passed in 2017, them saying this as you can imagine has caused me heart break, this and other statements also caused me to have a number of panic attacks this afternoon.
90% of the questions on this assessment form i wasnt even asked and this nurse practitioner has even stated on there that basically in her opinion i do not have anxiety or depression and just have difficulty coping in social situations, which has made me feel even worse as she has no right to diagnose me herself not being a gp !

I really need to talk to someone

thespiceman · February 2019

Hello @CEHarries06 Pleased to meet you welcome.

Thank you for joining and sharing.

Sorry what has happened. We know as a community what you are going through. Understand have empathy and offer what support we can.

I am one of the team of community champions who help and advise new members who join.

First thing you need to do is to appeal. We have lots of information on appeals and the process you need to do.

I would also speak to CAB about the appeals process. I do understand how difficult this is all to you.

I have been thought his myself many times.

You can consider may I add speak to ATOS or CAPITA about your assessment. The way you were treated.

Other option is to speak to your local MP . Many members have complained with some success. MP's need to know what is happening to our community.

One point may I ask do you have help and support regarding your mental health. Do you have a support worker.? A suggestion is to find some support for yourself to deal with your mental health.

I use mental health charities this is one I use.

https://www.richmondfellowship.org.uk.

Please can I ask have you spoken to your GP another idea to consult. About your assessment. Your health and anything relevant.

Please can I stress if feeling suicidal or just feel the need to talk regarding your mental health. You can call the Samaritans.

Does help. On 116 123 free .

Also look at the MIND website

https://www.mind.org.uk.

If you feel you are an immediate danger to yourself call 999

We are here to support you ask any questions, anything we can help and advise with.

Ready to listen anytime.

Please take care.

@thespiceman

CEHarries06 · February 2019

@thespiceman thank you for your reply hun, i literally do not know what to do with myself, mind is racing 100 mile an hour.

I have sought help with my GP at first i found it helped but then my usual GP left and now i just feel like im getting no where. I was referred through my GP for counselling and attended the first meeting and picked to attend a coping course and was told id hear off them after christmas but have so far heard nothing.

I feel like im just being slapped with medication that just dulls me down and makes me constantly tired and although i do tend to have more good days than bad since being on this medication, things like this registered nurses comments and lies just make me feel like whats the point in trying to get help or talk to someone, just because i understand whats happening with me and know alot about my anxiety and also have no choice but to try and function normally because i have a young son so i have no choice , people like this nurse seem not to believe me , luckily my GP does but my medical records with my doctor were not even requested to be looked at by the assessment team.

How this can be aloud to happen, how these people in the assessment teams can just make you feel this bad, when we are told to talk and ask for help just makes me feel like what is the point in asking.

thespiceman · February 2019

Hello @CEHarries06 Please can I first apologise for not replying to you earlier.

May I add you are not alone with the racing thoughts this is all about coping with your mental health.

The problems and issues are how to cope and maintain your mental health.

Understand the situation with your GP. I found the best way is to if not listening or do you think not being understanding. Then consider an advocate.

There are charities like RETHINK on line.. They have advocates who can speak for you at any meetings or consultations.

With you present on your behalf. This I used my self.

One final point on advocates write it down what you wish to say. If not wishing to have an advocate. I do this all the time arrive at the GP with my notes. Please can you read this thank you.

I am sat there as my GP reads. Got that idea from support workers.

One of the main point in your post which is good to hear. Which is you know about your anxiety and what probably causes much of it. This is good to know.

I would still though if you could and wish to contact the links I have provided if that is what you want.

Many of the charities will say to you. How can we help. Offer plans, schemes coping methods how to deal with the issues that bother you.

That is the way which they think. Called recovery.

May I add floating support and outreach workers are there for you.

Much of the work consist of trying to give a well meaning strategies to maintain your own stability concerning your well being.

As many of the floating outreach workers are ladies they do I know consider your situation and get the necessary support to you. Hope that gives you some reassurance.

Whether by signposting or looking at alternatives.

I do think being educated still learning is been vital and well worth consider. How for example certain foods and diet effect mental health. How certain types of lifestyle choices and the well being of your mind and body.

We know that medication is a essential part of our illness yet many of us struggle to deal with the issues and problems a round it all.

One suggestion is to again do a diary what days effect you and your sleep patterns. Is there anything makes it worse for you.?

In my case changed . No caffeine. Means in chocolate, tea coffee and cola. Sorry. no alcohol. Was an alcoholic for thirty years , now clean twelve this year.

When we get anxious feel the need for a drink or a cup of tea or coffee with a chocolate bar guess what soon becomes worse. Reach for another and so on.

Another reason why joining support groups with in the mental health charities. Usually monthly meetings. Where all this is discussed. Often on sleep, medication and diet.

I have mental health issues for a long time and still the journey of discovery, enlightenment continues.

Please I hope I have helped with anything. This is an learning curve and I am still onwards every day helping . Members like yourself.

Also with assessments one of the problems is we start to worry even more. Then it goes a round and around in your head like a record. Effects stomach, bowels, headaches, chest pains and the other related symptoms of anxiety.

Got told that by my support worker so I know what you are going through.

I do recommend speaking to CAB for your appeal. We have lots on our website have a look. I forget to add many mental health charities have benefit knowledge can help with attendance with assessments. Signpost you to other support with benefits with in the charity. All depends on your area.

Please ask me if I can help further with anything. Keep in touch you are a valued member of our community.

Always a pleasure to talk to you.

Take care.

@thespiceman

poppy123456 · February 2019

Hi,

I'm sorry to hear this. They very rarely contact anyone for any evidence, the onus is always on the claimant to send evidence to support your claim. Evidence needs to prove how your conditions affect you.

Your next step is to request the Mandatory Reconsideration and you have 1 month from the date of the decision to do this.

I realise the lies are extremely upsetting but when writing the MR request you shouldn't concentrate on the lies in the report because they won't be interested in any of those. They will only be interested in the reasons why you think you should be placed into a group. This is based on how your conditions affect you and not on a diagnosis.

Were you previously in a group or on assessment rate? Have you taken a look at the descriptors for each of the groups? I'll post some links here for you to look at.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

reg 29/35 here. This is most likely the one you need to concentrate on if your condition is mental health.

http://www.cpag.org.uk/content/making-exception

I'd advise you to speak to an advice centre near you for help and support with this.

If you now claim universal credit then you won't be able to go back onto ESA in the future so be aware of that. Most MR decisions remain the same and you'll most likely have to take it to Tribunal. If this happens and you haven't claimed UC then you'll be able to go back onto assessment rate for ESA but you'll need sick notes from your GP backdated to the date you were found fit for work.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

Good luck!

CEHarries06 · February 2019

@poppy123456 thank you for your response back , unfortunately some of the information you have provided is wrong , one being i can indeed reclaim esa if i am successful at tribunal and also claim back from the date which they ended my claim even if i do claim universal credit.
And also while at tribunal they are obligated to read any evidence i bring with me like doctors letter and medical records and including information about the lies told in my assessment, the fact that most of the questions i wasn't even asked but yet are answered on the assessment by the nurse who done the assessment , and the fact that what i did answer was also put down wrong on my assessment.

All this information has been provided to me by a legal representative iv spoken to.

poppy123456 · February 2019

Hi, The information i gave you isn't wrong. I wouldn't give incorrect advice.

If you claim Universal credit now you definitely won't be able to go back onto or re-claim ESA at any point in the future because once you claim UC you can't go back. I really hope you weren't advised this by the person you've spoken to. I never once mentioned that you can't reclaim back all of the money, if you claim UC. If successful at Tribunal then you'll receive what they owe you.

Here's a link to prove what i advised is correct. Please scroll down to "after failing a WCA" full service areas.

http://www.cpag.org.uk/content/esa-uc

Taken from the above link.

In a full service area, income-related ESA will be abolished for her/him if s/he claims UC, or tries to make a new claim for JSA or for ESA. It makes no difference whether such a new claim is made before or after a request for mandatory reconsideration or appeal. From that point, s/he cannot be entitled to income-related ESA, even if s/he successfully challenges the WCA failure. The result is likely to be a claim for UC, so making the migration complete. The key advice for any claimant wishing to avoid migration to UC is not to make a new claim for UC, ESA or JSA.

If you don't claim UC and the MR decision remains the same then you'll be able to go back onto assessment rate of ESA with a fit/sick note from your GP once the Tribunal accept your appeal.

CEHarries06 · February 2019

If you don't claim universal credit then you tell me what are people supposed to live on for the 9 months or so your waiting for a tribunal to go through ?
You can't just be left with nothing.

ESA also tell you themselves to go and claim universal credit while you are waiting for all of this to go through.

I also have a friend who has been through all of this and claimed universal , won his claim at tribunal and has now had his esa claim back.

Benistmonk · February 2019

Wasn't this topic posted almost word for word by someone else last week?

I don't know if anything can be gained by claiming UC, by the time it comes through, the MR / appeal route might prove just as quick if not quicker to get ESA paid at assessment rate.

I was not aware you could go back on ESA after you made a new claim for UC. I remember reading a couple of posts where people had done this, got the Tshirt as they say, and they say they were not allowed to go back on ESA because the new claim ended the current claim.

poppy123456 · February 2019

You won't be left waiting all that time without money. As i advised, once the Tribunal have accepted your appeal you'll be able to go back onto ESA but sick notes will be needed from your GP. Providing you don't claim UC.

It's impossible to go back onto ESA or any of the old benefits if you claim UC. I wouldn't give you incorrect advice. Please read the link i have posted for you. Your friend couldn't have gone back onto ESA if they claimed UC.

poppy123456 · February 2019

@CockneyRebel hi there. I know your knowledge is also extremely good. Please can you confirm that i'm correct here, if a claimant claims UC they can't ever go back onto ESA or any other of the old benefits.

CEHarries06 · February 2019

As my original post shows I came on here for a little rant and support when i had no one to talk to about the rubbish thats been put in my health assessment, not to argue about benefits when im feeling at my lowest

Thanks for the comments anyway, its nice to know it is " ok to talk "

poppy123456 · February 2019

I was genuinely trying to help you. I'm not sure why you think any different. The whole purpose of me spending time on here is to help and advise others receive the benefits they're entitled to. I'm sorry you thought any different.

My benefit knowledge comes from my own experiences and one of the reasons why i'm also a community champion here on scope.

I wish you good luck with the MR and Tribunal, if you get that far.

Benistmonk · February 2019

Forum has gone to pot, now it has switched back to the original thread.

It is perfectly fine to talk.

Health assessment decision-lies

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