ESA and DLA

I have an ESA medical this morning which I am not looking forward too as I have been warned by the Disability Advisor at the Job Centre that they turn most people down and that they are inhuman and she cannot believe how they treat people also advised me if I get turned down to appeal straight away and to go to my MP. I have also read that this medical could go toward my DLA tribunal next Tuesday. The other thing which I am concerned with the medical it is not necessarily carried out by a qualified Doctor surely this contradicts the fact my Doctor has signed me of for 12 weeks at the moment and I was off work for 10 months last year before having to give up work in March due to pain. Great stuff. I have chronic neck and lower back pain for 16 years tried different medication so you either suffer pain or become a zombi had a disc removed in 1994 and recent MRI scan and now referred to Neurosurgeon again. Any pointers anyone can give would be appreciated.

Hi Baggsy,

There's lots of information in our ESA guides about what happens at the medical.

If your DLA tribunal is next Tuesday then it's very unlikely, though not impossible, that a copy will be available in time for the hearing. But if it was produced and was not supportive of your claim you could ask for an adjournment to give you an opportunity to study and challenge it.

Good luck,

Steve

Hi Baggsy

Please try not to worry if the outcome is against you. My experience with ESA was that i was only allocated 9 points and it was due to go to tribunal but a week before after a letter from my GP they overturned their decision and placed me in the support group!!! That was last Jan 2010, my DLA came up for review in May 2010 and after completing the four page form and loads of additional information my DLA was increased. In making their decision for my DLA they say they used the extra information, a copy of the letter from my GP and to my surprise the ESA medical report that i originally failed on. The mind boggles!!! The way i see things is they look at everything as a whole and not just the negative things. If possible try and get a report from your GP as the one i sent in went a long way for both ESA and DLA. My GP was very cross that atos were judging her medical decision especially as the atos dr/nurse spend about 30mins with you. I am keeping my fingers tightly crossed for you and i really hope everything goes well for you. Please let us know the outcome!!

Kind regards
Julie x

Thanks Julie for the information. The ESA Doctor was foreign from Austria, Belgium I believe but gave nothing away with her demeanour found the whole situation very distressing. I was actually in the consulting rooms for just under an hour few wait till Tuesday

Hi Steve Thanks for the information. I used to work in Court and presume the DLA tribunal is going to be the same. I just find trying to justify yourself all the time very stressfull it is almost they don't believe you took early retirement because of pain. Lets hope I get a decent Judge because some are very considerate and understanding in my experience of difficulties

Kind regards Lisa

Hi Bagsy

Please try not to worry if it goes to tribunal my 1st DLA did. In their defence they were very kind, understanding and didnt make me feel as though i was on trial. Its held in a small room with a large table in the middle. You sit at 1 side and at the opposite side there were 3 people, 1 dr someone from DWP and a chairman and in fairness was a very relaxed atmosphere. Try and enjoy the weekend and worry about tuesday when it comes!! They are not ogres at the tribunal they are human and they will listen please trust me on that. Some of the moderators were on the panel and look how helpful and understanding they are!!!
My thoughts are with you and please let us know how it all goes!!

Kind regards
Julie