My partner had a heartattack then 6 weeks later a stroke which damaged his short term memory part of the brain and the balance part of the brain which will never get better he struggles to take in new information and forgets a lot of thingsso I'm his memory, he's not allowed to use the cooker as he has forgot things and burnt pans and also set the grill on fire, he loses his balance here and there, his right side droops and walking a short distance he gets tired and he starts to walk to the right and his right foot starts to drag, he's also got spinal spondylitis and a prolapse of the disk which is trapping a sciatic nerve, after waiting 9months for a esa medical he has now scored 0 points, I just don't under stand how he is ment to work in this state, also he is still employed as a ground worker who he had been with for 10yrs up until he had his heartattack if he was able to work he would of gone back
dear rachel put in a written appeal thats the first thing they are hoping people will give up god bless you and your partner
Rachel, this is another example of a person in need beinbg given zero points. Please call them for a re-assessment immediately, then gather as much medical reports, information, letters etc that you can from GPs, physio, hospital or anywhere where you can get information and send this to them. If you look at the Citizen's Advice web page there is an appeal letter which you can use to send with your informaiton. Getting proof is the key here, it's not what condition a person has but how the condition limits their life that points are scored. Good luck
thanks for your advise, was told over the phone he scored 0 points so just waiting on the report to come to see what the so called "health profession" wrote, il keep you informed of the out come
Hi Rachel
The problem here is with the Work Capability Assessment. If the assessor can 'pass' the claimant on a number of activities surrounding walking, talking, sitting, standing, using phones/computers then they are deemed to be fit for work.
Going on what you have posted it is hard to phantom where the assessor has come to a score of 0 points. If that's the case then they are saying your partner can do all of the above, which would contradict with the description you have given.
So for starters what medical evidence did your partner submit?
Hi Anthony the reports what he sent in was scans and ct scans a memory test which he failed miserably and all hospital reports, all the medical bloke asked was I see you've had two ct scans which show it's not got better or worse, we was told the brain cells will not repair them self and to only get back intouch with the brain specialist if I notice his memory getting worse, with having the heartattack and stroke to close together the doctor said no one will touch him for at least a year so wev got no more to show for his back problems, he's also on sleeping tablets as he cant sleep which the doctor explained he can't stay on for long as his brain will get used to them, he's just got to get used to not sleeping as the damage to the brain is not letting him know it's bedtime, I really dnt know what more evidence we can show them?
Basically with his brain damage he doesn't see anyone about because there is nothing they can do, it's just a waiting game to see if it gets any worse and turns into dementia, fingers crossed he stays at this levele
Rachel this is simply outrageous and totaly unaceptable, my heart goes out to you, ill never understand how they can assess people like your partner and come up with no points.Just how bad do have we to be i ask you.! As said they hope your one of those who will simply give up, but no way should you, Fight them to to end and im sure you will win, shouldn't have to fight at all with this one, im going before i swear! PIP = permantley impossible payment, for most anyway.
Thank you Susan we intend to fight all the way, the thing I dnt understand is he gets highest rate pip on both parts, I just don't get how two Medicals can come up with totally different results!!
Hi Rachel
I am so astounded by this and as Susan said how they can assess and award zero points when quite clearly these health issues are affecting all aspects of daily living, I will never understand it.
I was told by many people when I applied for dla a few years ago not to be surprised if I didn't get it especially the first time..it seems they do refuse initially in the hope people wont fight for it. I think this is a terrible way to treat people there is surely a way of ensuring that assessments are conducted accurately honestly and fairly to give people who have had their lives turned upside down by illhealth or injury the benefits they require..we shouldn't have to fight to be believed.
I really feel for you but keep going definitely start an appeal asap and let us know how your both doing.
Take care
R
Rose i got the DLA a few years back to, and yes turned down first time as well. I know any day now im going to get that dreaded brown envelope saying ive got to apply for PIP and lose my DLA, on borrowed time as they say. I will be one of those who wont fight back as i have M.E. but no wheres as bad as many of the claiments we are reading about on hear and on no mediaction either, under no consultant so its game over for me. Whats worse is hubby also will probably lose his, he has athritis, if he had been born one year earlier in 1948 he wouldnt have been touched. What we both find unfair is when we both lose our DLA and also have been told his pension credits will have completley gone in 3 years time, then on a lot less money we will also be liable to pay council tax, so we get less money but come under the citeria of those who can pay council tax? Work that one out!
Hi Rachel
The evidence you have submitted should be enough (although you can get more I will address this at the end).
A Mandatory Reconsideration is a chance for you to challenge the opinion of the assessor. Firstly TODAY pick the phone up and ask for a copy of the report.
That will take a few days to arrive but from what you have posted there is scope to ready yourself to challenge the decision.
Everything is based on the balance of probabilities. By that I mean for the assessor to come to his decision the probabilities have to be tipping in their direction. If you can challenge the decision enough to tip the scales back into your partner’s direction then you will succeed.
From what you have said it is extremely unlikely your partner could
“Mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion” Which is the first descriptor on the work capability assessment.
Simply challenge this by stating a person who has suffered both a heart attack and stroke within a short period of time is unlikely to be able to walk more than 50m without significant discomfort or exhaustion. I further refer the decision maker to the medical records which show that your partner also suffers with spinal spondylitis and prolapsed disks.
With such overwhelming evidence the balance of probabilities would give your partner 15 points on that descriptor alone.
Further points should have been available for learning tasks, Awareness of everyday hazards (such as boiling water or sharp objects), Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks), & Getting about due to impaired mental function from your partners stroke.
Give examples why these descriptors apply to your partner (if you can Google the descriptors it will give you a better idea) and refer them again to the medical evidence and categorically state that on the ‘balance of probabilities’ your partner should never have received an award of ZERO points.
You could get further evidence from your GP by asking them to write a supporting letter which HAS to be taken into consideration. Write a statement (date and sign it) yourself telling the Decision Maker what you do for your partner and how you need to directly intervene to help them.
Even if you are unsuccessful at the MR you would have laid the ground for a Tribunal who generally take a more sympathetic view.
Hi Susan
Yes your application for PIP would be difficult but not impossible. In the same way that PIP is not awarded for just having a medical condition, it is also true that just having M.E. rules you out from receiving it.
What is important is how the M.E. affects you. From what I know there is no medication for M.E. apart from pain killers so just explain that.
What is important is your receipt of personal care. If you receive personal care because of the M.E. then you are entitled to PIP to help with the extra cost of disability.
Being under a consultant would obviously help your claim but strictly by the rules all you need is recent confirmation of diagnosis. You could get this with a supporting letter from your G.P.
Provide a care diary and signed witnessed statements from anyone who provides the care and you are certainly back in the game.
If I were you I would ask for a copy of the assessment and get in touch with your MP asap this is clearly very wrong
On fb contact 'fightback' they will advise and if you go to tribunal they will probably represent him.
Thank you so much for your advice Anthony, your comment has made my partner and I feel really positive and we are ready to fit this all the way.
Thank you Rmanuni I have asked to join the group
I too had problems getting beyond 0 points for ESA in 2010 and 2013. I also had a 'zero' result for DLA in 2011 - all were face to face assessments.
Of my many many medical problems I too have frontal lobe damage following a brutal attack with a baseball bat across the back of the head.
I also spent two days in total having memory tests etc which were carried out by the local CMHOP. In addition I was diagnosed with early onset vascular dementia.
I would also add that from 1995 I have seen every Tom, Dick and Harry of the Mental Health Team and have been Sectioned in the past!
In addition I recently applied for Attendance Allowance and was turned down flat for that as well.
So with what your partner has problems with it doesn't surprise me to hear that he has been found fit for work.
When my DLA was closed down in the move to PIP (I was 65 in 2013), not only did we lose that money (HRM & MRC) but the Guaranteed Pension Credit disappeared as did the help towards the mortgage interest and the Carers Premium. We also lost the 100% Council Tax Support.
All in all with losing DLA we are down about £300 a week in income.
Les just who is entitled to guaranteed pension credit, is it to do with age, savings or what? When i reached retirement age they took it all from hubbys pension credit to give to me. My mum said when she got her state pension they never toook it form my dad to give to her, has it got something to do with how many years one worked and paid in stamps for? We have never understood this one. Also now have to pay for dental since they changed the rules one has to be recieving guaranteed pension credot to get this, we used to qualify on just getting pension credit.We was told on the phone that we will get less and less penaion credit till theres none left then becuase we lose this we will have to pay for other things. I dont get it, how can you be entitled to less help because your recieving less money. £300 per week is a great loss, we are dreading it, What great spark came up with these figures!