6 point at the medical but got ESA nonetheless!

Hi guys,

I have tried to get help here before but I guess I wrote too much personal stuff and my thread was locked.

I just wanted to share that after months and months of unbelievably hard work and struggle, I managed to get something out of the DWP!

I made my ESA claim in January of this year based on mental health problems. My illness is serious and affects my life every single day. I'm not going to go into details (even though I think that it would really help people who are in a similar situation).

Since I used to be self-employed for much longer than I was an employee, I had to apply for the income-based ESA but I was never asked to choose either when I made my claim over the phone.

The claim was made and then (after a few weeks wait) I received a letter saying that I was ineligible to claim ESA contribution-based. Then there were months and months of my struggle to get anything out of the Job Centre, as I had to fill in some extra forms (which I was constantly misinformed about) and they would not send them to me, even though every time I called they said they did or will soon.

Since I hardly go out due to ill health and suffer from severe panic attacks, I could not easily get to the local Job Centre.

Meanwhile, I had my medical arranged regardless of my claim, since my statutory sick pay run out anyway.

I attended the medical (not knowing that I could have had it at home!), it was an awful experience and, as one could expect, I was only awarded 6 points.

Then there was a very long battle over my ESA being income or contribution-based and since I'm an EU-national and not yet British (although I have lived here and worked for many, many years), the Benefit Delivery Centre had to check if I'm a resident enough to apply for the ESA. I understand that but why was everything done in such a way that I was repeatedly misinformed, never sent the right forms, things were done in an ill order and everything was hugely delayed??

Every time I called the infamous general number for ESA etc claims, I was told different things. In the meantime, I still had no income from January until pretty much now.

I was told repeatedly that my 6 points awarded at the medical was not enough to get me the ESA and that I failed. I NEVER received any letters with a decision, nor have I received a copy of the ATOS report, even though I asked for both several times. For what I knew and read (mostly here), it's not just the points that matter and the decision maker would consider other things as well. The ATOS report is more like a guideline.

My medical took place on the 26th April, I had no news or anything until the third week of May. I have been calling and trying to get to know something from the BDC in Stratford to no avail. Eventually I was told that I have been successful (even though I only got the 6 points!) and I have been placed in the work-related group (not happy about it due to my panic attacks and other things caused by my illness that make me stuck at home and unable to be amongst people). I also found out that I only got the ESA until the end of August (it was already the end of May!) and then will have to attend another medical!!!

The first medical was a real nightmare for me and I became extremely distressed and very agressive (part of my illness) because of what I had to go through and the extremely unhelpful stuff at ATOS.

Does anyone know if I could ask to be seen at home this time?

Also, I still don't have any letters confirming the decision; the only thing I got was a letter from the 22nd June (for my claim made in January!!!) that I will be paid £94.25 into my account. It didn't even say whether it was weekly or a one-off, nothing. Of course, I knew but I find the way the BDC form their letters completely useless in terms of providing information. It seems as though someone illiterate writes the letters or they're confusing on purpose. Well, especially if you get none for months...

So now, at long last, I know that I got the ESA and that the payments will be made until the end of August. There have been no backdated payments made for the months when I had nothing to live off, even though I asked for them several times in writing and I was told many a time that I would receive them.

I don't agree with the decision about the work-related group, as attending interviews will worsen my condition and distress me hugely. I can't use public transport at all.

I would like to appeal against that decision but I don't want to lose my ESA all together, I would also like to appeal against the ESA being awarded only until the end of August- that's ridiculous! What will change in two months??

Is there any chance that the next assessment would be after a year or so?

Do you think that I could be successful in appealing against having to go through almost the same dreadful assessment process again in only two months after I got my first ESA payment?

I'd really appreciate your thoughts/advice on the matter.

Many thanks indeed.

Lolita

Hi Lolita

I'm sorry to hear of your problems.

Your previous thread was not locked; the entire benefit discussion forum has been locked for the foreseeable future due to a lack of moderators.

I'm afraid it's not possible to give advice on individual claims. I sympathise with your difficulty in getting face-to-face advice but a message board like this is no substitute to having an advisor who can go through the paperwork with you, and the complexity of having to pass the NI test as well as the WCA makes it even more difficult.

I also need to ask you to reduce the size of your posts?

The only things that I can comment on is that you can request a home medical assessment. There is no guarantee of getting one but it would help if you had a letter from your GP confirming that it is necessary.

You said that you were told that you have succeeded even though you only scored six points, and that you will be reassessed in August. Did you ask them to look at the decision again before they changed their minds?

Also, have they informed you about their decision and your reassessment date over the phone but failed to put it in writing?

Regards

Derek

Uf you cannot interact with people due to distress caused by your condition, you may have a a case for being in the Support Group. Take advice locally