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disabled and attending an ESA interview - Carers UK Forum

disabled and attending an ESA interview

Discuss news stories and political issues that affect carers.
Hubby has been unable to work through ill health since 2008, the benefits people put him on Employment support Allowance as Incapactiy benifit was being replaced by this. They put him in a work related acitivity group which meant he had to attend a certain place every so often to try and get back into work, his health got worse and after the 2nd stroke in the past year the drs at the hospital and his gp said he cannot return to any form of work. He was due to attend an interview in April but as he was in hopital at the time recovering from his 2nd stroke I rang to tell them this and was told he had to attend else his benefite would be cut ,,, I said go ahead then cos he cannot come there. I was then told that maybe my husband was pretending to have this stroke and I cannot repeat what my response was to this. I hung up in the end as I was fuming. I rang back and spoke to another lady who could only apologise for her colleagues remark but she didnt know who I had spoken to. Anyhow,,, he had another appointment to attend on Monday and we went,, interview was upstairs,, and security made a big fuss about my husband having his mobility scooter go in the lift ,, but it was allowed to go as I said if he cant take it up then he dont go up as he cannot walk. The lady said she had seen him in 2009 and knew of his health probs and wouldnt press for him to attend any courses etc as she knoew the situation, I said the drs have told him he cannot do any work and produced the numerous letters I had been given from them with all his conditions. But she didnt look at any and said its the new government rules and she and other workers didnt agree with making disabled people who clearly couldnt work to go on courses but its a thing they have to do. She gave us a from of appeal to say he is in the wrong groups and should be in a support group ( whatver that is) and she couldnt do it from her side as it had to go before a panel of 3 people who have to decide if you can work or not without seeing you!! More forms to fill in .... ludicrous it is. My husband is very stressed at the thought of all this as he cannot go anywhere without my help. Has anyone else had this ESA thing and how did you cope with getting them to acknowledge what your drs and specialists say as I sent in a letter before but no one seems to listen, or understand.
My son didn't have to go through any of this kind of adversarial nastiness. He is 17, is very healthy, and has Downs Syndrome. I hope he will be able to work at a real job one day, but his behaviour can still be very immature and he has been placed on the support group with no interview requirement. Financially there are no real worries, and he is attending college three days a week, but obviously it is a worry because I do hope that he can get the support he needs to get a paid job in future and isn't just "written off" : he really has a great personality and I know he can get there, given time and encouragement. Also I don't want to be a carer for ever!
I was horrified to read the way you have been treated, but unfortunately this seems to be normal practice.
My Husband has also has many medical problems, and after attending the Esa medical was informed he was not eligible and would be able to return to work in 3 months.
We knew this was impossible.
We went to the C.A.B. and appealed with their help, Hubby was then put in the Wrag group, but we have just found out they have only listed Depression on his notes.

We were lucky enough to get a decent advisor at the Esa interview and she decided he didn't have to go to any groups or be seen again for another 6 months.
This is not the point though, the whole process took over 6 months and took it's toll on the depression side of things, while Hubbys mobility and Neuro problems were getting gradually worse.

I telephoned for advice and was told to send any info/sick notes from the GP with all Hubby's ills, and these will be updated onto his notes.

This I will do, in abundance!

The only advice I can give is either ask for help from the CAB or Carers association, and send all/any info available to the main Jobcentre which deals with your claim, send it recorded delivery and keep your postage reciept as proof, also keep records of times/dates/person spoken to of all telephone conversations etc.
I wish you luck in this ridiculous system, but keep fighting.

that is disgusting and disgraceful treatment that you and your hubby have had.

I'm sorry I have no advice to offer, but hope you find someone who can help.

Am filling in the form and gettting copies of all the letters the drs have written ( have to read up on how the scanner works on my new printer!) and hopefully they will make a quick decision,, alththough the lady in the jobcentre said it can take up to 6 months!! I can believe it as well ! Can you believe she sent an appointment already to see my husband next February! Still she knows he cannot work and I know its not her fault that she cannot put on the computer details that my husband isnt able to do any work at all.Like she said its the new government rules. When I told me pal what happened she said her husband has never been put on ESA ,, he was put on Income support. I dont understand any of this benefits lark, so many names for different things changing all the time. So confusing and makes you so stressed with it all. Many thanks for your sympathys ,, I will let yous know if anything further happens.
my son get E S A ihad to get the doctor to fill in a form that i found on the inter net and he had to send them a longterm sick noteand had lots of forms to fill out they didnt even want to see my son and from the informatioon that they got . they put my son in the support group. the form i foubd was like the questionnaire they send you but the doctor filled it out for us.so our son didnt even need to go for a medical with them.
I don't know what the initials ESA stand for but realise how difficult medical assessments can be. In 1996 my mother had one for Disability Living Allowance where the Medical Assessor actually wrote that he had seen my mother walk someything like 200meters when the whole length of the house is less than 10meters and he had written down a statement which I actually crossed out as being so incorrect I would not allow it to stand. I knew we could write pointing out the 200 meters as really ridiculous but not the second statement as easily as was saying he saw something which he could have but certainly did not actualy see as it did not and could not have happened as my mother was at that time awaiting a hip replacement operatation. A point which he did not record. The sheet which I had as the medical advisor said "defaced" was absent from the record when we had the paperwork returned to us to go to the commission. Needless to say my mother finally received full DLA and over-turned what was then accepted case law in that the cared for had to fully bed ridden at night and/or a danger to themselves and the carer had to be fully awake and beside the cared for at night to qualify for the night-time element of care - we argued it did not say that in law and they were wrongly interpretting it to suit themselves. If all else fails rely upon Natural law and the unreasonableness of what is being argued by those in a position of power because that is what counts! When I finally gave in and applied for DLA myself last year having been diagnosed as having epilepsy (funnily enough in 1996 but I've apparently always had it as have a brain injury which had gone unnoticed until epileptic incident gave rise to an MRI scan in 2003) I found it a vary easy process. My medical advisor's only comment was that it seemed quite straight forward and she thought I would be pleasantly surprised yet, I have not got the full mobility even though I do have to rely upon taxis an awful lot. Think you need to get advice from a welfare advisor and possibly go to Citizen Advice centre maybe for free legal advice solicitor to help you through the legal system and most of all have someone there as your advocater and support when next you have to deal with someone whether at home or elsewhere because I feel strongly that sometimes when upset yourself that's what is needed. I know when we were dealing with my mother's case i turned first to Welfare Rights and then a solicitor although in the end it was us that had to keep fighting because even the solicitor said at one stage something like ". . you'll lose everything if you keep argue about the night care and I can't afford to be seen being that ridiculuous - it's my job and professional reputation." She had a point but we had a cause!
Take a read of this for when filling in form ESA 50.
http://www.legislation.gov.uk/uksi/2011 ... 228_en.pdf

Highlight as many of these as applies to the person you care for and use to complete the form.

The 2 groups as they are dont work for many disabled people, hence the high success rate of appeals.

Good luck and keep us posted. We are going through this procedure ourselves just now and I will let you know how we get on too.
I have just read that legislation, and realised my OH scores one hell of alot of points!
He scores 15 points alone for the epilepsy, that's without the mobility issues.
So why was he placed in the WRAG instead of the Support group???
Because the woman who did the medical omitted important info.
At least I now have some ammo for when he is called in again.
I think we were extremely naive and trusting when we started taking on the benefits system, but not now, I realise it is a case of gathering as much information as possible
A Huge THANK YOU Rosemary Image
Wow indeed! Just looked at it in relation to my husband, and just with the first few questions he would score over 100!
Some of the questions are difficult to interpret though. If my husband gets to steps, there may well be a handrail, but unless there is someone around to show my husband where it is, then it is likely to be unsafe for him to use steps up or down unaided.Even if he is helped, I always have to remember to tell him whether steps are up or down, if in an unfamilar environment. (and you would be surprised at just how often handrails have sticky chewing gum stuck to the underneath, yuck!)