View Full Version : Failed Medical Asessement, really upset :'(
I had a medical asessment about a month ago & I got a letter this morning saying I would no longer be getting my ESA benefit because I have no limited capability for work HOW can that be when everyday has been a living hell lately.
I told the doctor at the medical centre EVERYTHING I possibly could, how bad my anxiety made me. I told her I was waiting for CBT treatment, I can barely leave the house. That I had to scrap my plans for uni because I felt so bad. [That really upset me :'(]
Also, about my PCOS & being under two consultants for treatment.
So how is it possible that I have NO limited capability for work? It was such a shock. Now I'm gonna have no money & I don't know what the hell to do. Just the thought of having to find a job is terrifying at the moment as my anxiety was the reason for leaving my last job. Every morning was horrible because I had to go into work & regulary had to come home early because I'd get so panicky. I can't face all that again. :(
It's made me very upset & I has set my anxiety off ten fold :( I'm so worried.
Is there any point appealing? Do they even listen to people with mental health problems? :'(
gypsywomen
18-08-10, 17:48
was the assessment far from where you live ,,they may wonder how you made it ,, but yes you can appeal and they should listen to you anxiety is a debilitating illness like any otherso go on appeal
paperhanger
18-08-10, 18:05
Hi I have just failed my medical assesment even though I have just had major surgery on my neck which leaves me with lots of symptoms, including anxiety etc I have appealed and may have to go to a tribunal but I will not give in.If you need any advice just pm me and I will get back to you asap:)Paperhanger{T}
Sorry to hear that you failed your assessment - you really should appeal.
I read that only 6% of applicants have been receiving ESA. There is a points-based system and if you don't meet certain very narrow criteria, you don't get it.
It's been argued that the incredibly low pass rate shows that assessment for the new benefit is fundamentally flawed and must be reviewed.
Hi hun this happened to me this week too. They've stopped my money. I told the guy everything but I scored no points! How stupid.
Here is what to do. Either you or someone else needs to ring the number that is included with the letter and tell them that you want to appeal and that you also want to carry on claiming the assessment rate ESA until the appeal. They will send you out a letter, fill it in and tell them what you've told us here and as soon as they recieve it they will reinstate your money. I think there is a point in appealing. I have read that 50% of people who go through to oral appeal get ESA.
The appeal can take up to 9 months so you can rest assured in this time that you will be getting money. Whilst you're waiting for the appeal gather any evidence you can.
I'm going through the same thing and I will help in any way I can :) We can both get through this together!
gypsywomen
18-08-10, 18:44
i think a lot of people are going to have the same problem its not fare
Its not fair at all, but if we all work together maybe we could set a precedent and get something sorted about this.
It is unfair that people who suffer as we do have to fight to get help. So many of us can't work but as this is a mental disability rather than a physical one it gets overlooked. We are still covered by the discrimination act though so that should come into play.
If anyone else has been turned down please comment here. I want to see how much of an issue it is for everyone.
Yes, some good advice here. Definitely worth appealing as they seem to be failing a lot of people atm. After years of handing out money willy-nilly and leaving the system open to abuse, genuine people are being made to pay the price which is extremely unfair.
Appeal it - I wish you all the best.
Thanks so much guys. I have decided to appeal, why should I let them win? My anxiety always wins me over so I'm not gonna let them do it too! :(
Because what we have haven't physical, it's not considered an illness. But it REALLY is! & It's more out of our control, if it was physical, we could take painkillers etc & we'd be ok, but with our minds it's not that simple :(
I want to go back into work when I'm ready, not be forced into it & be set back even further....
We need to fight back & show people the way we are being treated isn't fair!
My dad went through a similar problem. Hes not been able to work for years. As soon as he feels any small amount of pressure hes in bed for a week. And they told him he was fine to work! He did appeal and ended up getting the benefits back again. So dont give in!
Blame the tories for this one!! And the lib dems for supporting them!! Rich people like them couldnt give a hoot about people like 'us' (mental health illnesses and working class) Angers me so much!!!!!! Im glad Labour are angry, hopefully by the next general election, people wqill vote sensibly and then we wont have trouble like this.
Hope everything out ok for you x
Hi
I failed my medical also. I appealed straight away. While you are waiting an appeal you will still get the basic rate of money.
It took a year for me to get my appeal. I was so nervous on the day but i just answered the questions truthfully and at then end i was told i had won my appeal!!!!!!
I have been placed in the work related category and have to go for monthly meetings which are to help you find work when u are better. Im bit worried by this now because iv had a set back recently and there is no way im ready to go back to work. But they say after so many months you have to,or they take the esa away from you!!
good luck
love mandie x
Going home
18-08-10, 23:03
They don't seem to want to give it to people with mental health problems which is discrimination. Call your local council and ask who your local MP is and lodge a complaint, and if everyone who has had this happen in their own areas does the same maybe somebody will take notice. In the meantime appeal against it. Not sure about you getting the money while you are waiting for the appeal to be heard as has been suggested, because they've already made the decision that you're not entitled to it, so until your appeal is heard this may be the decision they stand by. If the appeal goes in your favour then they should back-date the payments.
Anna xxx
They don't seem to want to give it to people with mental health problems which is discrimination. Call your local council and ask who your local MP is and lodge a complaint, and if everyone who has had this happen in their own areas does the same maybe somebody will take notice. In the meantime appeal against it. Not sure about you getting the money while you are waiting for the appeal to be heard as has been suggested, because they've already made the decision that you're not entitled to it, so until your appeal is heard this may be the decision they stand by. If the appeal goes in your favour then they should back-date the payments.
Anna xxx
you do carry on getting the money while its going to appeal. I was getting it for a year while i waited for my appeal. I also got back dated money which was the higher rate i should of been on had i passed the medical.
mandie x
Unfortunately, since the change in government I think there is going to be more and more of this. The assessments are handled by an external agency and they obviously work to very strict criteria with the idea that as few people pass as possible.
ALWAYS ALWAYS ALWAYS APPEAL.
I would also suggest that you tell them your worst day and that worst day is 24/7 because if you say that you have had a good day they will knock points off of you. I am not suggesting that anyone lies but how many of us have had one good day and then 6 terrible days.....
eight days a week
19-08-10, 02:48
Is there any point appealing? Do they even listen to people with mental health problems? :'(
They don't listen to anyone. They just try to get as many people off ESA as they can, especially now in this political climate. They have been failing as many people as they can get away with on the medical for almost a year now, if not longer.
Do the medical assessors understand mental health problems?
NO!!!
Should you appeal?
You absolutely MUST!!
Is there any point appealing?
If you believe you are entitled to ESA and need the money then YES!!!
Please see my post on Emz's thread about this. It's a bit long (sorry!!) but this is a passion of mine now, having been through the system myself. In my humble opinion there should be a sticky on this forum about this, because it is so unfair to put vulnerable people with mental health problems through this tortuous system. The good news!! If you're prepared and know how the system works you WILL win your appeal and you WILL get the money you're entitled to.
Anyway, here's what I wrote to Emz on her thread, any further questions please ask me there or send me a PM:
http://www.nomorepanic.co.uk/showthread.php?p=698145#post698145
eight days a week
19-08-10, 03:09
Ah, I only just properly read the other replies in the thread (shame on me, have had a bee in my bonnet about this again tonight!) so more to add:
Hi
I failed my medical also. I appealed straight away. While you are waiting an appeal you will still get the basic rate of money.
It took a year for me to get my appeal. I was so nervous on the day but i just answered the questions truthfully and at then end i was told i had won my appeal!!!!!!
I have been placed in the work related category and have to go for monthly meetings which are to help you find work when u are better. Im bit worried by this now because iv had a set back recently and there is no way im ready to go back to work. But they say after so many months you have to,or they take the esa away from you!!
good luck
love mandie x
That's great to hear Mandie, and great (and essential) advice - appeal straight away!!
I'm so glad your appeal was straightforward. It makes me worry that my advice on Emz's thread might have come across as too stressful and stressed out (but that was the route I took and it worked perfectly). It's very reassuring to hear that people won the appeal (do you mean the appeal tribunal?) just by presenting themselves and answering truthfully, but perhaps (and especially nowadays?) it's a case of be as prepared as you possibly can be?
you do carry on getting the money while its going to appeal. I was getting it for a year while i waited for my appeal. I also got back dated money which was the higher rate i should of been on had i passed the medical.
mandie x
That was my experience too :)
Unfortunately, since the change in government I think there is going to be more and more of this. The assessments are handled by an external agency and they obviously work to very strict criteria with the idea that as few people pass as possible.
They fail people for no good reason at all! There was quite a big scandal about the private firm that was being used for the medicals - I think I read about it on BBC News online. They completely denied that they were getting extra money for getting more people off ESA - but the number of successful appeals/tribunals was 40% - go figure!!
I agree things may become even tougher now, and so maybe my advice in Emz's thread is for the best, at least I hope so.
eight days a week
19-08-10, 03:15
Here's the BBC article. Read it and weep at the injustice (or, more importantly, arm yourself to make sure you get the benefit you're entitled to!)
http://www.bbc.co.uk/news/10159717
Eight days a week - yes i mean my appeal tribunal. During the year i had to wait to get my appeal date, i sent them copies of letters i had got from occ health, physcologists and physciatrists which all said i wasnt able to go back to work yet in their opinion. I was so angry that they kept me waiting a year before i got my date to appeal. they were obviously hoping i would of been able to go back to work by then
There was the judge and one doctor that i had to go before. I took a friend with me and she was allowed to sit with me. This helped me to stay calm although i remember drinking a whole bottle of water while in there as me mouth was so dry from nerves!!
love mandie x
Hi guys, thanks so much for all the support & advice. I'm still really worried about how I'm gonna get through it but I'll just have to try.
I got my medical report this morning. I got 12 points when I needed 15!!! :( So damn close! :'( Just one more question given & all this could have been avoided :(
BubbleBonce
19-08-10, 12:55
I failed my initial assessment - only got 7 points. At the appeal they were so kind. They understand how this system is set against mental health & they did everything possible to make me feel at ease.
I sent in my 'evidence' before the date - Drs letter, letter from work. When they had finished asking me questions they sent me out saying if they hadn't come up with enough points they'd ask me back in so I could get more points. I couldn't believe it. They so wanted me to get the benefit.
Don't fear the appeal too much. I'm sure it will go alot easier than you think. :winks:
Ive had soooo many issues with Esa i dunno were to start... im agoraphobic and suffer with depression and anixety, i can not go further than a 5 minute walk to see my GP on a good day which isnt often :( . i always have to have someone with me at all times. im still on the waiting list for treatment and this wont be avaliable untill the new year because of waiting lists.
i had the medical in my own home as i could not in anyway go to them ,after the medical i was told i was fit for work i scored 12 points. i appealed against this descision as obv i cant work due to illness , i also said i can not attend the hearing for the same reason and noted i would like my mum to attend. when this was appealing i was recieveing esa again. i then recieved another letter stating my appeal had been disallowed ??? ive been past from person to person and place to place with wrong information. i applied for job seekers but am not entitile to it as i can not actively seek work , and yet they say i can work and cant get ESA. No one can tell me why my mum never got a hearing date either to attend. i was told to put a new claim in for ESA which i have ( ive had no money for 6 weeks so far as of yet) i was told id hear by today, ive called and again all the usual problems and told my new claim hasnt been processed. i have now recieved the statement used for my appeal and the information is incorrect on there behalf on so many of it so am now appealing to upper tribunal. ive tried for crisis loans with no success because although i live with parents i have bills to pay and told im not entitled to any. this whole process has now made me alot worst and badly effected my illness. I am getting no help from the jobcentre or tribunal and can not believe this process at all. i was managing a trip to the doctors aprox every 6 weeks and now can not cope with this anymore. my depression has also got worst.
some thing needs to be done to help this process for mental issues
I had a nightmare of a time with ESA, i am very unwell i have M.E, i also have possible sjrogrens syndrome, i also have anxiety issues and one of the symptoms i get which makes it hard for me to do anything is dizzyness/faintness. I first had to start claiming esa as my ilness had got so bad i am bedridden and totally dependant on my husband for everything. I was having to get monthly sicknotes whilst in the assesment phase which that alone was difficult as i was not well enough to go to the gp, but now we have moved from essex to norfolk so we have family support my new gp is fab and visits me at home. I had to go for an esa medical, which i found extremely difficult, the whole appointment i lay on the couch as i was so dizzy weak and fatigued, i could barely speak. i awaited my reply, I was palced in the work related activity group, for some people this may be a good thing but for me this was terrible, as after a certain amount of time, i would be told i must attend work related meetings as they would support me back into the workplace, this was ridiculous i could barely get to the loo on my own, i have forgotten what the downstairs of my own house looked like how would i possible manage meetings and work???????? i started the appeal process, firstly by asking for a copy of my form which the advisor filled out on the day. I was so angry when i got this back as i had gone into great detail about all of my issues, and it was so hard for me to attend, the lady had not answered any of my questions fully, what was the point in going and answering the questions if they wern't going to be presented for a proper descision to be made. As part of my appeal, i re-answerd the questions along side the advisors questions on the form and sent this back. I waited and waited, the time came when they were now asking me to go in for appointments, this felt unfair as i was waiting my appeal, but when contacting esa, they advised me my paperwork had been lost so had to start the whole process again, which included them having to put it to a penel to decide if they would look at my appeal outside of the allowed time, which was granted as it was not my fault. After cancelling several appointments and being put under the threat that they may stop my money, i finally recieved the news i was waiting for, they had looked at my paperwork, and decided that with all my supporting evidence from blood tests gps consultants etc, i should never have been placed in the work related activity group and i was placed in the support group. I would love nothing more than to feel well and for my husband to return to work and for me to maybe work part time, but at the moment that just is not an option.
My advice to anyone having issues with esa, if you feel you have not been listened too and you feel the descision is unfair, first ask for a copy of all the paperwork relating to the medical, and go for the appeal process, at least you know you would have done all you can.
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions Inc. All rights reserved.