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Have you successfully claimed ESA?
Yes, I got 15 pts or more at the assessment. 20%  20%  [ 1 ]
No, but I won at tribunal. 20%  20%  [ 1 ]
No, I lost at tribunal as well. 0%  0%  [ 0 ]
No, and I didn't take my case to tribunal. 60%  60%  [ 3 ]
Total votes : 5

Psiri
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29 Mar 2010, 2:40 pm

Hi,

I've been reading Macbeth's post: http://www.wrongplanet.net/postt108209.html and I've got a similar story.

I've just been refused ESA for the second time. I claimed last year, was refused at the assessment but took my case to a tribunal and won. (Without even having to appear, they just looked at the medical evidence.) Only three months later, I attend another assessment with Atos, bringing the same evidence I brought to the tribunal and they throw me out again! It makes me wonder, has anyone with autism successfully claimed ESA without having to go to tribunal?


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memesplice
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29 Mar 2010, 3:25 pm

Yes but I had stitches in the back of my hand hence physically ill. Got some of ESA money but had to go back to work to eat because of length of messing me about time. If really P*ssed off suggest you go to MP and suggest Atos might be milking system charging for by processing
claims and charging for it irrespective of needs of client/ case. Might not be, might just be load of claimants trying to bend system and you got caught up in this safety net.



Magicfly
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29 Mar 2010, 3:34 pm

I'm currently mid-appeal for the SECOND time, I'm apparently still getting old old incapacity benefit, and I got 6/10 points (they use 10, not 15) but the answers ticked were just mad, for example, it says on the form I am able to answer the phone (which I don't!) and even worse it says I have no problem with sudden changes in routine!!

So, I have submitted to them my diagnostic assessment.....

For what it's worth, something like 66% of people on ESA/IB are getting kicked off at the moment and having to go through these stupid appeals, most of those who appeal, win (after the tribunal)....

The Atos doctor I had to see had no idea what Aspergers syndrome is, he asked me how that affects me, bit of a broad question, I had no idea how I was expected to answer it...plus I was completely freaking out in there anyway!!

Anyway, have a read of this bbc article from last week, they mention autism a bit down the page (under the 'crude approach' heading)

I can truly sympathise with you, having these sorts of decisions is tantamount to calling me a liar



DavidM
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29 Mar 2010, 3:58 pm

Unless you're rich in Britain you are doomed to live a second-class life.



MONKEY
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29 Mar 2010, 4:03 pm

The cool thing about living in the UK is we get allowances for everything.
They'll have "being alive" allowence next and pay people money just for breathing. That will be the day.


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paddy26
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29 Mar 2010, 4:16 pm

I was on incapacity but was took off it last year. i think it has more to do with the government trying to reduce current levels of unemployment.



DavidM
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29 Mar 2010, 4:23 pm

MONKEY wrote:
The cool thing about living in the UK is we get allowances for everything.
They'll have "being alive" allowence next and pay people money just for breathing. That will be the day.




Giving people enough to survive seems reasonable in a country with an enormous number of super-wealthy individuals and so much more privilege bestowed on people lucky enough to have been born to privileged parents.



MONKEY
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29 Mar 2010, 4:29 pm

DavidM wrote:
MONKEY wrote:
The cool thing about living in the UK is we get allowances for everything.
They'll have "being alive" allowence next and pay people money just for breathing. That will be the day.




Giving people enough to survive seems reasonable in a country with an enormous number of super-wealthy individuals and so much more privilege bestowed on people lucky enough to have been born to privileged parents.


Yeah I know.

I get DLA money and when I was nearly 16 this man came over to my house to discuss when I should take care of my own money or let my mum do it for longer. We agreed that my mum is dealing with my money until I'm 18. When I start work and get my own house I want to stop recieving DLA.


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Magicfly
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29 Mar 2010, 4:46 pm

I forgot to post the link I was talking about earlier!

http://news.bbc.co.uk/1/hi/uk/8580936.stm

Anyway, as far as government statistics go, anyone kicked off benefits doesn't count on the statistics anymore, same with if you're on JSA and get sent on the stupid mandatory courses, again whilst attending you don't count on the statistics....so what the government shows as per percentage of people on benefits, the figures are not truly representative of the actual situation. They use these tactics to give the impression that their schemes are working.

As for saving money, kicking a person off ESA and making them appeal will actually cost them more money in the long-run, as you're entitled to any monies backdated, plus obviously someone has to pay the costs of the tribunal panel (doctor/solicitor/official clerk). I suppose the premise is that people who are faking it won't/can't appeal......



Psiri
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29 Mar 2010, 5:52 pm

Magicfly wrote:
I forgot to post the link I was talking about earlier!

http://news.bbc.co.uk/1/hi/uk/8580936.stm

Anyway, as far as government statistics go, anyone kicked off benefits doesn't count on the statistics anymore, same with if you're on JSA and get sent on the stupid mandatory courses, again whilst attending you don't count on the statistics....so what the government shows as per percentage of people on benefits, the figures are not truly representative of the actual situation. They use these tactics to give the impression that their schemes are working.

As for saving money, kicking a person off ESA and making them appeal will actually cost them more money in the long-run, as you're entitled to any monies backdated, plus obviously someone has to pay the costs of the tribunal panel (doctor/solicitor/official clerk). I suppose the premise is that people who are faking it won't/can't appeal......


Cheers for the link. But yeah, the interviews are ridiculous. What's really annoyed me this time round is that I told the guy I didn't think we'd covered all the ground, we hadn't really talked about routines or communication problems for example, and he told me it was all right, don't worry about it. Then I get the letter and he's given me 0pts for everything!


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