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ESA MEDICAL REPORT

I have received this morning a copy of the medical report - done 20 Feb 2012 - by DWP doctor. I have been placed in the work related activity group and am appealing so I asked for a copy of the report. I am so very angry now that I have read it. The report details my visual acuity - according to the Doctor he tested me with a chart. He also says I removed my coat without difficulty. He then goes on to say that my reflexes were present in legs feet etc. He says I had evidence of arthritis in my left knee. He writes that my straight leg raising was normal. He also says that I declined to squat and rise again. His name was Dr El Wajeh. None of these things took place! truly. He simply asked me about reading 16 point print and I replied that I was unable to read without the aid of a magnifier and that my left eye was worst. I also supplied him with a copy of my opiial report and a letter from the neuro detailing my problems including reflexes etc. Plantar reflexes refer to the foot as I am sure you MS people will be aware. Mine are upward - so if the sole of my foot is scratched my toes go upward. I cannot help this and indeed have always had it for years and years. The neurologist states this in his letter. The doctor at DWP had reversed this and says my foot reflexes were downard - I simply couldn’t do this if I wanted to - but then he didn’t actually examine me at all. I simply sat on a chair for around 20 minutes while he asked me questions. He ended my telling me to join the MS society! The report is mostly made up of information he gleaned from my supporting evidence - the letters I gave him and opticians report. Obviously I am at a disadvantage here as I will be powerless to dispute what he has said. He did not even touch me anywhere - let alone examine me or test any reflexes or straight leg raising or anything else. I am furious. The report is totally inaccurate - but - heres the crunch - what can I do about it? I advise all of you now if you are going for one of these medicals TAKE SOMEONE WITH YOU INTO THE EXAM ROOM. ALSO ASK FOR A COPY OF THE REPORT THERE AND THEN - this is allowed. It will prove difficult for the doctor to write completely false information if you have a witness to what goes on and if he knows he is to give you a copy of his report. I am absolutely stunned by this report. Clearly I am appealing the DWP decision to place me in the work related activity group but when I say the examination didn’t happen - and he took my visual accuity of 6/24 from the optical report - who will believe me? I worked as a GP practice manager until I retired and so I am not unfamiliar with medical reports but this one is almost a complete fabrication. ANy ideas what I should do? I am still really angry and need to calm down a bit but I am at a loss as to what action, if any, I can take. MARY

Hi Mary

you should complain to your MP as well as appealing the decision. Also it is important to use the DWP’s complaint process and complain to every level possible.

Good luck in your appeal to get into the support group

things like this make me so angry and it just is not fair sorry youve been through this xx

hope your fight is sucessful

let me guess was an atos dr arhhhh

take care and hope goes ok x moo

Hi - Yes it was an ATOS doctor. I have rung DWP and been told to complain and at the same time to ask to appeal their decision. I have just typed a very strong letter of complaint. The report says my vision is 6/24 in both eyes and that I have normal foot reflexes. I have Babinskis sign in my feet - always been the same for as far back as I can remember. Only found out recently that it is a sign of possible MS. So how theATOS doc can say my foot reflexes are normal is just nuts…I couldn’t make them normal if I wanted to! It will no doubt take forever to get a response to my complaints but have offered to meet and face the doc who states he has examined me - its just a complete lie! I never even removed my coat let alone anything else. Have rung the local job centre who were very very nice and told me how to complain - apparently I am one of many not only about the grouping support or work related - but actually about the medical reports. I am worried that complaining might go gainstme in some way but it is so unjust - I am not taking it lying down! Will post on here whenand if - I hear anything. Thanks for all replies. MARY

Hi there,

Read your post with interst then lost it!

Please look at my newest question about a site that may be able to help you with an appeal. I know that a lot of people on here have found it very helpful.

My experience with the ATOS doctor sounds similar to yours. I have never received a report about that meeting, and I went alone. First mistake.

I am going to appeal with the help of this site as I have just been told that my benefits have all ended now. I was not even informed after I sent in the latest 20 page report they sent me to fill in, what there decision was. Just a letter telling me that all my benefits have stopped. We are treated shamefully and it is about time we were treated with respect.

Good Luck.

Anne

Hi

Sorry to hear about your experiences.

It is important to deal with this in 2 ways. Firstly, to definately appeal to the DWP. Make sure you mention the word appeal in your letter (or use appeal form). Try to provide evidence that may not have been on your claim form and provide as much information as possible at this stage. The form will go through a reconsideration, and only if the decision isn’t changed, will it progress to the appeal stage. Mention on the appal form that you want benefits to continue at ESA appeal rates during this process.

If the case goes to appeal you are automatically sent a copy of the medical report, your application form and the appeal officers report.

Next, complain to the complaints manager at the appeal office address. If your complaint is about the ATOS doctor, it will be passed to ATOS to investigate. If you know the practioners name then mention it as it will be dealt with by their manager. They may have had other complaints and can build up a picture of the practioner.

It should be dealt with fairly quickly.

best wishes

s4ar

Hey

Sorry to hear that you are having a rough time of it claiming ESA. I have been through the mill with this and I understand your frustrations and concerns. THIs is just my advice and what I have done to claim ESA. I haven’t had to attend an ESA medical since the original one in 2009.

Firstly, join a website called Benefits and Work. It costs £20 for an annual subscription, they have guides to ESa and DLA. The ESA guide shows you how to fill the form in and how to challenge at the tribunal. Secondly (nd I hope that you kept a photocopy of the ESA50 form you sent in!), get your MS nurse to write a report for from the descriptors that apply to you. These can be found on the B&W website. When they write the report, for each descriptor there must be a paragaph on how you are affected and this information MUST be accurate and unambigious ie you say that you can push a wheelchair 50-100m they will take that as 100m, yet in in reality it is 50m.

The fact that the ESA medical report is inaccurate and full of holes is also another big weapon in the armoury for you as it was that the examining HCP was failing to accurately record your reponses etc. I ish you the best of luck with the tribunal appeal and that it is dealt with as quickly as possible. It ain’t easy, but just hang in there and don’t give up.

Andy

Hi Mary,

Unfortunately this is the way they work. My husband had a tumor 20 years ago (pituitary) . It was very lagre and he spent 6months in hospital following surgery and radiotherapy with complications. He had to have full hormone replacement but managed to go back to work full time for the past 20 years. He became ill again a few years ago and despite steroid replacement etc he had complete pituitary failure which left him severly fatigued unable to walk more than a few yards, breathless body swollen, and this was someone who had run 49 marathons. I have progressive ms and became very ill and his body couldnt respond to the situation. He tried to go back to work but lost his job as they said he was to ill to work. Well the ESA turned him down and on receipt of the report he found like you it was a complete fabrication. He wasnt even examined and in fact the report was full of lies. The DR never even touched him. My husband is registered deaf but it said his hearing was normal. His eyesight is very bad they said normal didnt even look. Straight leg raise normal, he cant lift his legs!! He sleeps for several hours evry day and if he tries to walk more than a few yards he is extremely breathless and weak. They wrote he went shopping to Malls an hours drive away several times a week!! ( This is a complete fabrication) This was several months ago. he has been turned down for DLA (next day) and they said he was only appealing because of this. He is too tired and unwell to keep on fighting he has no job. He has put two complaints in but each time they have supported the doctor. This man has worked all his life he is now in his late 50s ,never went off sick has a wife with ms and two children. He has now got very high bloodpressure that is not responding to medication rarely leaves thee house as he cant get far. I hate to say it Mary its a farce and they are paid to turn you down. We are financially not in a good way and he is genuinely very unwell and we havent the energy to fight but i think I will contact the MP. Its the false reports and the lies that get me they should be held to task and its the ill and vulunerable that are being attacked. I wish I could give you hope of your appeal. By the way his Dr had a different name ( this is more worring as it seems to be common practice) xx

this seems to be very common,you wonder if these docs are breaking there hipocratic oath by telling these lies,it would be intresting tto find out wot a doc would say,or are they just doing it for the money,from the government

This is all to common… they stick people on the WRAG version as they know its a way of getting out of paying more… and they only have to give that to you for one year when the other one goes on and on…

I read the rules of them and it says that WRAG is for people suffering with an illness at the min, but is seeking for work for the future.

Support group is for people with a Chronic condition that will never recover…hmmmmmmmmmmmmmmmmm we all belong here me thinks…

It makes me mad that they can do this to all of us… they think that MS is a illness that will get better… no one seems to understand what the condition is still so they just judge us by a good day etc.

Last year I had an assessment, I was in a wheelchair at the time as I was numb on the whole left side of my body and my friend came with me because he helps care for me on my bad days.

went throught questions, showed the 20 pills a day I am on and my injections and then he said I must do something for him and as a mug I forced myself coz I thought had to.

He asked me to get up and walk down the hall… I had a walking stick so I got up fell back in chair at first but got back again I was so wobberly and thought I was gonna smack my head on walls and the floor in the end.

I asked him if my friend could balance the other side and he said that is not allowed… I just grabbed the side rails on the wall and forced myself.

Day after that I had a massive relapse and had to go to hospital… I was still put on the WRAG which has run out now and they expect me to live of my DLA which is £400 a month which is a struggle… I put an appeal in Jan and still waiting…

So I know how it feels when they are ignorant… It took a year before I knew what they did was wrong and it is hard to complain now. I regret not doing so now.

You should report their lies, they shouldn’t get away with it.

they expect me to live of my DLA which is £400 a month

Hi

Surely you can’t be expected to live off DLA alone?

This doesn’t seem right as I would have thought you would have qualified for Income based ESA ?

Have they turned this down and made you rely on DLA with no other income from any other source into the household.

Take care

Neil

Hi Neil,

You are exactly right in that no-one is expected to live on DLA. It is not an income replacement benefit but an extra, which is supposed to offset the costs of disability (which it doesn’t)

If Moogle Star is getting no other benefit it will be because there is other money coming into the household. Income based benefits take into account the earnings of a working partner and if you are, as a couple, getting more than the government have decided in their infinite wisdom that you need to live on you wont get any benefit. The figure is ridiculously low (£111.45 for a couple over 18)
It is a scandal that people who are sick and disabled are being disenfranchised after only 12 months. If getting into the support group was straightforward I might just feel differently. However the WRAG is full of people with degenerative conditions who don’t have ANY hope of returning to work in the 12 month time scale.

I’m sorry to go on but this is my hobby horse and it makes me so cross. All I can say to people is APPEAL APPEAL APPEAL.

Jane

I think the example of your treatment along with that of others would make an excellent programme topic for Panorama. What baffles me is that insurance companies offering critical illness cover accept that once diagnosed people with chronic ilnesses are unable/unlikely to work and pay out. Why can’t people with these “chronic illness” be treated in the the same way by the government. It’s scandulous and needs to be addressed pubically!

Yep I appealed in Jan and still waiting for a response, heard nothing at all, called and they said they have it but it is in a cue…

Yep I can’t get any other benefits because my partner works 30 hours a week.

My doctor gave me a letter to send in with my other stuff it reads something like this:

I confirm Miss Mooglestar has MS and it has got alot worse over time.

She has come to me with blindeness and weak in left hand side, Miss Mooglestar is totally unfit for work and as she has relapse’s over time this gets worse and never repairs.

Her MS is at a severe level, her chronic disease is has deteriorated significantly.

I sent that 4 weeks ago, see if they will understand it.

Yep I appealed in Jan and still waiting for a response, heard nothing at all, called and they said they have it but it is in a cue…

Yep I can’t get any other benefits because my partner works 30 hours a week.

My doctor gave me a letter to send in with my other stuff it reads something like this:

I confirm Miss Mooglestar has MS and it has got alot worse over time.

She has come to me with blindeness and weak in left hand side, Miss Mooglestar is totally unfit for work and as she has relapse’s over time this gets worse and never repairs.

Her MS is at a severe level, her chronic disease is has deteriorated significantly.

I sent that 4 weeks ago, see if they will understand it.

So sorry that I can’t offer any advice, but wanted to let you know that I am absolutely disgusted on your behalf and that I hope you kick *** in the appeal and complaint procedures!

GOOD LUCK!

Karen x