Turned down for ESA, got *zero* points

[taniaaust1]

Best luck to those going throu that.

Im in Australia but several years ago even here, had a huge fight to get onto a disability pension.. (3 appeals with my case ended up being heard in another state). I had 3 specialists backing up I needed to be on it and couldnt work but they were ignored.. and the assessor (I stuck the same one at least twice) was very biased against ME/CFS and hence didnt believe any thing I was saying (he believed I think that this illness was a fake one).. that was even thou I was too sick to be sitting up there during the assessments so was ending up laying on the floor nearly passing out while waiting to go in and be seen.

They were supposed to go by symptoms and a persons capitablity..but due to the biased towards this illness out there, they didnt.

 

[MeSci]

I failed my medical with 0 points,it was a total farce as my words were twisted and lies were submitted by the assesor.I appealed and was still turned down so now its going to tribunal.I suffer with Depression and Anxiaty for which i am being treated and having 1-1 counciling,i am supplying sick notes each month and have also included a doctors note stating he is treating me for the above.I have just also just been diagnosed with an underactive thyroid gland and have sent in a doctors note explaining this.I find i just dont have the energy now to be running round as they want me to by asking i get all these documents etc.I have spent a few hours today trying to get someone to represent me at my tribunal but i just cant find anyone to do it.I have contacted the C A B and local solicitors who told me the the way to deal with this is through my local MP which i thought was odd but i did so only to be litterally laughed at by the Tory plumb in mouth secretery.Please can someone advise me where to go from here please,i did opt to apear at the hearing but i dont think i will be able to manage this now.

It's a terrible and totally unacceptable situation. You clearly need some kind of advocate, and it needs to be someone who understands your difficulties. Can CAB tell you how to get a volunteer Citizen's advocate or disability advocate?

I had first-hand experience of how little the government cares about disabled people yesterday. I was trying to get help completing my Working Tax Credit renewal form. Usually I have got through to an advisor quickly, but this time I spent 10 minutes listening to a recording, which was repeated, almost all the info being irrelevant and the info becoming increasingly-difficult to absorb as mental exhaustion set in, then I finally got some ghastly music interspersed with an almost-inaudible voice, and then a few beeps and the line went dead! I was totally exhausted and brain fogged by then and almost in tears. After the strain of trying to take in the recorded message I had just-about composed myself enough to explain to an advisor that I was mentally exhausted and ask them to be patient, but I never got one. I can't face it again, and am just going to have to hope I get the form right.

 

[golden]

I find the CAB utterly useless ....

There is occasionally a knowledeable useful person to be found but I dont like the CAB.

You absolubtely need an advocate.

I would copy and paste the post onto the Consumer Action Group website .... They are VERY knowlegeable.

They have many cases of ATOS fraud you describe and will tell you how to avoid it in future .

This is from the Grace Charity for M.E. There is also an M.P. template which could be adapted and sent to your M.P. stating how deeply disappointing it is to endure discrimination from your M.P. who you were told to contact for help!!!

http://www.thegracecharityforme.org/documents.asp


Also there is the black triangle disability group who seem to have practical knowledge on fighting against this disability discrimination.

Hope you find someone now Henry the wasp....

 

[Artstu]

I had help from welfare rights. Check out your council website for contact details. I still lost at the appeal tribunal. I'd do it alone next time as the welfare rights person doesn't speak at the tribunal.

 

[henry the wasp]

If i fail my appeal i will be forced to sign on,this is a legally binding statement signed by me to say i am actively seeking and available for work.How can this be so if my doctor says i am not? i would like to sign if i have to and encourage them to take me to court for fraud as this is what i will surely be doing!

 

[golden]

henry the wasp

This is how I ended up in Financial limbo.

Its an excellent point.

With having M.E. there is a serious risk of relapse being forced into things when not ready...

These regulations maybe worth researching:
"
ESA Regulations 29 & 35 deal with flagging up a substantial risk of harm to patients if they were to be found ‘fit for work’ or to have ‘limited capability for work’ and placed in the Work-Related Activity Group (WRAG). However, only the DWP is aware that these regulations can be applied. The vast majority of GPs remain ignorant of them, at grave cost to their patients and indeed, risk to their very lives."