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lost my esa

Discussion in 'Social Security / Disability Benefits' started by clare-m, May 17, 2012.

  1. clare-m

    clare-m Registered

    please can anyone help just had a phone call lost my incapacity or esa as now known as from 31st may nt much notice. i can appeal but i got a low score ,but i knew after the medical interview that the nurse assessing me didnt have a clue, even my partner said the same, anyone with lupus knows that in any one week you can feel different, you can have a flare up at anytime. i can claim jobseekers but thn i cant appeal cos im saying im fit for work, i really dont have a clue what to do. does anyone know who could help me or has anyone got any advice. do i contact my lupus nurse or can the doctor help, i'm not work shy i worked from the age of 15 through to 35, then i got put on incapacity benefit because i was so bad and couldnt do my job as a veterinary nurse, nothing has changed im worse now than i was then, im sorry im droning on i just dont know where to turn or what to do, please can any one give me any advice or do i just give up ...... :sad: thanks for reading xx
     
  2. debatat

    debatat Moderator

    Hi,don't give up. Contact your local Citizens advice bureau for advice. They should be able to help or point you in the right direction.
     
  3. clare-m

    clare-m Registered

    hi deb thanks will do x
     
  4. Lupo30

    Lupo30 Registered

    Hi Clare-M

    I've got the DWP on my back as well. I really don't know what planet they live on. I realise that we, as a country, are in a financial crisis, but I really don't think getting people off incapacity benefit is going to solve it. I can't keep a job either. I have worked for years also. I would love to be able to go out to work but, like you, I can't. You really are not alone. Keep fighting.

    Love Lupo30
     
  5. Polly.coggs

    Polly.coggs Registered

    Hi Claire

    I got knocked back for DLA cause at the moment I do work. My Occupational Therapist told me to go to citizens advice and appeal and to speak to my rhumy nurse, consultant and my doctor and ask them for help. She said if they are willing to help then you will have chance of getting it. I didn't appeal because I was told because I work at the moment, I have no chance but because you can't, you could have a chance.
    Good luck and I hope you get what you deserve xx
     
  6. clare-m

    clare-m Registered

    thanks for your reply,, its such a big minefield, been in touch with lupus nurse waiting for a call back and going to speak to the doc this week, i can only hope
    that they will be able to help. will keep fighting and thanks for your support.

    clare x
     
  7. wheeliefab

    wheeliefab Registered

    CAB will advise but basically it probably is worth an appeal if you have supportive GP and consultant who will back up your health issues. remember not beimg able to do a "task" repeatedly or reliably should count as not being able to do that task/thing on form

    Unfortunately the quality of assessment by ATOS can be very poor. If you feel they did not represent what you told them fairly, you need to make a complaint (the more complaints made, the more they will do something about individual poor staff).

    If however you didn't know the important things to communicate so she got a wrong impression, the best thing you can do now is
    (a) make that clear in your appeal letter and (b) get a supporting letter from your GP or consultant that says how much worse you are than the report seems to imply.

    They are very unlikely to change the decision any time soon unless you provide medical evidence that says their own medical report is wrong.
    Your medical evidence needs to be as specific as possible, hopefully referring to particular descriptors you have a problem with. The ESA points are scored from a list of 'descriptors' which are here: www.direct.gov.uk/prod_cons... On pages 17 to 23 you will find the descriptors that will get you onto ESA, into the Work Related Activity Group. Pages 24-26 are the descriptors that get you into the Support Group. You do need to understand that they are quite tough about where they score you, so they won't apply if you just occasionally have a problem - but they are supposed to score what you can achieve reliably, repeatedly, safely and in a timely fashion - if you can't do something 51% of the time, it should apply.

    Lupus fatigue is hard to pin down, but it often means you can score because you either might not be able to do something in the first place, or it would cause such a serious after-effect that you couldn't repeat it or do anything else for the entire day. Be aware that the mental health descriptors only apply if you have a diagnosed MH condition such as depression - if you have been prescribed anti-depressants for example.
     
  8. JLRRAC

    JLRRAC Registered

    Polly.coggs, DLA is not an out of work benefit you are perfectly entitled to DLA if you have the health conditions that qualify you. I would speak with the CAB about whoever it was at the DWP who told you that working disqualified someone from DLA.
     
  9. kate1'

    kate1' Registered

    What wheeliefab said is right, you have to appeal, its bst to involve your nurse and consultant,don't give up, good luck
     
  10. nicky123

    nicky123 Registered

    When you answer the questions don't be afraid to tell the truth, I was given a very good bit of advice when going through the process of applying for DLA I was told to answer all the questions as if you were having a really bad day, tell them how you feel and what you can do when you are at your worst.

    Good luck

    Nicky x
     

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