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ESA

  • sidarigirl
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13 years 7 months ago #53453 by sidarigirl
ESA was created by sidarigirl
Hello there I am new to this site. I was diagnosed with basal thumb arthritis in June last year after misdiagnosis over a period of time. Xrays were taken which showed that I had no cartilage in between the trapezium bone at the base of my thumb. I was working at the time but had to leave as I could no longer do my job which was as a specialist word processor. I signed on for JSA and explained to them my problem. Didnt want to know. When they contacted me about jobs available I explained to them that I could not do them, couldnt even write anymore. I was then put on ESA. Sent for an ATOS medical in January (wish I'd known about this site) apparently I was sent a letter then saying ESA had been withdrawn which I never received. Trusting that I am I just thought it was an oversight as the benefit was being paid into a savings account as I knew I needed that money to pay for help after my trapeziectomy. I only found out when I received my statement. I contacted DWP and requested the original letter and a copy of the medical report. I received the medical report but not the supposed original letter. I received an appeal form on the 17 March which I sent back on the 18 March with the discharge papers from the hospital confirming that I had the operation on the 8 March. Spoke to an operative on the 25 March to ask what was happening. Told me they had only received the appeal form on the 24 March apparently it goes through a sorting process. I was told that someone would ring me back in around 3 hours, 4 actually. He said Iwould be receiving some benefit once the appeal had been recorded. Received a letter on Monday saying they will be looking at the appeal over the next few weeks and giving me the opportunity to send further info. My occupational therapist was appalled that ATOS considered that I could use a 4 star tap with my condition and that they could accurately record my grip without the proper equipment. They are quite happy to produce a report if requested on the exact condition of my hand before op.and what is happening now. I doubt very much that this will be requested. Very depressed at mo. No benefit has been received at all. So much for working all my life from 15, now 59!

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13 years 7 months ago #53464 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA
Hi Sidarigirl, welcome to the site.

Is it not possible for your Occupational Therapist to write you a report that you can send to the DWP for consideration, or would there be a charge?

I'm not sure what they mean by giving you the opportunity to send in further information as you are free to send it now or whenever you have it.

Best of luck

Derek

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  • sidarigirl
  • Topic Author
13 years 7 months ago #53475 by sidarigirl
Replied by sidarigirl on topic Re:ESA
My OT would be very happy to send a report but it would be up to DWP to request it. Have to now prepare my own report to them. Dont know what to do

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  • bro58
13 years 7 months ago #53484 by bro58
Replied by bro58 on topic Re:ESA
Sidarigirl.

Was you arthritic thumb condition caused by repetitive use in your job, if so have you thought about claiming Indudtrial Injuries Benefit, as with Repetitive Strain Injury etc

Also have you looked at the options available re Occupational pension etc. i gather from your post that you hit stste retirement age next year.

bro58

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13 years 7 months ago #53485 by Gordon
Replied by Gordon on topic Re:ESA
sidarigirl wrote:

My OT would be very happy to send a report but it would be up to DWP to request it. Have to now prepare my own report to them. Dont know what to do

The liklihood of the DWP requesting this report is virtually zero, so you need to explain this to your OT and ask if she will write it for you, this may involve a charge, although it shouldn't be large.

If they feel that they are still unable to do so, then you'll have to think about requesting your medical records. Is is possible that your OT writes to your GP regularly with regard to your condition, in which case you can request your GP records, usually all you have to do is contact the Practice Manager, there will be a charge, usually 10p a sheet up to a max of £50.

If they haven't written to your GP then you should be able to request the OT's records, but this may require a Freedom Of Information Request.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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