ESA entitlement and rules

[Postdog]

I don't want to go into details but I was recently claiming ESA and was told I did not meet the criteria to claim as I was capable of doing certain things. Strictly speaking, in test conditions, that was true, but I am unable to sustain such things continually, as I became very fatigued and weak.

The problem I had mainly was a lack of medical proof regarding the cause of why I was experiencing the difficulties I had, but I suspect this will not be so after I see a neuro surgeon next week, who I am hoping will give more of an insight as to why this is happening. Well, actually, I know why I'm seeing the neuro surgeon and as this all came about after I visited the doctor about the fatigue, so I reckon they are linked.

My question is simple - if a doctor, especially a specialists, stipulates that a condition is of such a nature that working is not really an option, are the benefit people obliged to accept this or stick by what their own sub contracted wannabe doctors tell them? I mean just the twenty minutes I spent doing theit original assessment did me in for the day, and some days I feel worse than others - sort of how you do when you have flu when even the least movement is a serious effort.

BTW I'm not trying to get out of working - I'd love to but the reality is I would probably have considerable difficulty finding something I could do.

[themas]

You can - & it seems from what you say that you must - appeal against the decision. There is a time limit, which should have been set out in the letter you received, but in some circumstances a late appeal will be allowed.

They do not have to follow what a consultant says, but have to take it into account in a proper way, & not just ignore it or dismiss it out of hand. You could do with some help from a welfare benefits adviser, as they know much more about the rules etc. & the best way of approaching an appeal. You should be able to find one at your local CAB or other benefits advice service.

[Postdog]

Unfortunately I did go to a law centre when I first appealed but they advised that as it stood, I had no chance and to drop the appeal. As I said, I had nothing concrete diagnosis wise then, and I still don't. That may change after I see the specialist this week, and I'm just wondering if with fresh medical evidence I could re-apply or seek some other benefits than JSA which is what was suggested. Strictly speaking though I can in theory do some jobs, not only is there a question of getting one in the first place, but then of actually getting to one as I'm fully expecting to be told I can no longer drive and I cannot walk for any longer than 20 minutes.

[RoganJoshPete]

http://www.guardian.c...acity-benefit-failing