Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder genuine-guy Novitiate

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    Default my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    Hi there guys,Im new to the forums and i need some advice if anybody can help here goes and please excuse my puncuation it went out the window a long time ago. i was diagnosed with depression 2 years ago jan 2010 by my dr i lost my dad 4 months previously to that and i went through hell he died of cancer.i was in a bad way and my dr put me on antidepressants over the following year i stayed on jsa and never asked for help i was told i should apply for esa in april 2011. I was sent for an accessment medical in october 2011 wich i attended the dr gave me 0 points the medical seemed so clinical i hadnt had counselling at the time so i appealed but still hadnt had any help just medication the appeal was upheld and denied I took a representative with me to the appeal and he told me i needed to get a social worker, be accessed by the mental health team which ive never been anyway i did a rapid reclaim for esa on feb 25th 2012 over the phone btw i live in northern ireland now this time and since last october when i went o the first medical for esa my depression and anxiety has got worse so has my panic attacks they all stem from my mums death 6 and my dads with in a few years of each other i looked after both of them and the rest of my sibblings left me into it long story but ive been the victim of domestic abuse, and sexual abuse when i was younger im ashamed of even putting that down here.and was in a violent relationship for 3 years my partner and myself split up nearly 3 years ago im gay and he beat me black and blue i was left in some terrible states but i suffered in silence the same way my mum was when she was alive with my father my intict is to put other people first and myself last i was also raped twice by a family member and once by my ex partner its too long too go into now just in the past 3 weeks ive been referred to the mental health team for proper accessment and ive been to cruise the bereavementicon charity i feel like my life is not worth living and get into panic and anxiety cycles which are hard to reak i put barriers up with friends and make excuses not too see them and cancel or not attend at least three quarter of my appointments with drs ect i cant manage to get out of bed most days and havent cleaned my house properly in a year or more i wash dishes usually after they are all used and dont wash my hair for up to a week at a time im i miss my mum so much that i dont make an effort anymore i used to have a good life had decent friends and i would never of gone out of the house without straitening my hair and styling it and if it took an hour then it had to be done i dont care anymore about wether i bath or get out of bed in the morning and when i go out i use the corner shop or tesco down the street my dr is a few streets away and my post office and bank are at the bottom of my street i dont like meeting people as i want to avoid them as i have a lot of shame in not looking after myself ive put on 4 stone in weight i used to be 12 and half stone and am now 17 stone 2lbs i have lost touch with my family and old friends and my memory is so bad in recent months that i used to have a photographic memory i just dont know whats happened me im 30 and i want my life back i want to get better i dont want to be on benifits forever i want to do something with my life but i just dont see a light at the end of my long tunnel and its getting longer by the day i got a letter from my dr today it was left for me and it says sir or madame my patients depression/anxiety is getting worse then he signed it.will the letter i got from the dr help with my rapid reclaim?im worried sick and cant sleep at night the dhhs wont give me a crisi loan i got a payment from esa on 22nd of feb i have run out of money for food and electric is there any way i can get other crisis loans from the dhhs ive also been told to get a social worker which i have to say i do need i need support to get this horrible depression lifted i also have a bad back which im seeing a physiotherapist for would all my appointment letters help and the letter from the dr anf mental health team help if i sent them to esa would it stregnthen my claim i dont want to claim esa forever just until i get stronger and get the will to live again i dont understand people like street drinkers getting dla and mobility to help them with their drink problem this countrys system is the wrong way around and i havent asked for help before only now?what do you think my chancesare of getting esa without going to a medical and does anybody think i might have a chance of applying for dla for personal care while i get stronger so i can eventually get back to work i had a good life once and i want that back im a decent guy as my names says and its taken me some guts to write this im sorry its been so long and i appologize for my puntuality your answers and suggestions would be so very appreciated you dont know how grateful i am thank yougenuine-guy


  2. #2
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    Default Re: my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    Hello there and welcome to CAGicon.

    If you don't do punctuation, would you be able to put in some paragraphs and white spaces please? The easier you can make it to read, the more help you will get. Hit the Edit Post button on the bottom right hand side of your post.

    I'm really sorry, I can't read solid blocks of text like that, it does my eyes in.

    My best, HB

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  3. #3
    Basic Account Holder badmonkey Novitiate

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    Default Re: my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    I just read your post (I took the time to read it hehe)
    lets see if we can help (should be able to as I've been through this minefield myself)

    step 1 get assessed by a psychiatrist (not a mental health nurse) I see you've been referred to your local community mental health team, sometimes (depending on the health authority) you only get assessed by a cpn (mental health nurse) demand to see a psychiatrist & don't get fobbed off, take someone with you if you find it difficult at the moment to deal with things, you should have a local mental health charity that provides an advocacy service (usually mind).
    2 at your assessment ask for a cpn to be assigned to you...this makes everything a LOT easier when dealing with authorities etc.
    3 ask for a care assessment, it sounds like you have this going through at the moment as you have a social worker, but it should have been specifically discussed with you
    4 consider counselling or talking therapy or cbt in the long term. It does help especially with things like panic attacks & negative thinking.
    the docs will address getting you well again and the cpn & social worker should address getting you help until you are well again.

    Benefits.
    1 crisis loan - if you have no money & no food then you should be eligible for a crisis loan, you have to stress that you have NO money & NO food left, you'll only be eligible to the same amount of money that the dss think you should have left until your next payment so just under a weeks worth, and they can be a bit funny if you already have outstanding loans
    if you do obtain one then you'd need to collect it in person at your local jobcentre.

    2 esa...in my opinion, you're not able to work atm so should qualify for esa, do the claim, they'll ask for supporting evidence so letter from doctor, psychiatrist, cpn, all will be sent as that, cpn goes down as care programme coordinator usually.
    you won't be able to bypass the medical usually (theres only a limited number of conditions that can do)

    esa 50 (i think it's called that) - the form you complete before the assessment/medical this is VERY IMPORTANT, you should be extremely careful how you complete this form, it's usually best to seek help completing it, again there should be a local comunity advice place that will help you & also represent you if needed should you have to appeal. there are guides on the internet on how to complete the form for different conditions eg .nawra.org.uk/Documents/Cardiff_Mar_10/Fit%20for%20Purpose%20%20 A%20Guide%20to%20Completi ng%20the%20ESA50.pdf you have to reach a certain number of qualifying points according to the answers you give
    make sure you put down everything as if on your worst day & take someone to the medical with you, eg advocate or cpn or social worker etc

    Don't forget housing benefit & council tax benefit either.

    DLA - the purpose of dla is to help with the costs of long term illness & care resulting from it
    the major thing of the dla form is the way that it's completed, all questions should be answered as if on your worst day, & some questions will automatically qualify you for dla at some level depending on how you answer them, eg you don't cook a hot meal or are at risk of leaving things on the cooker, are unable to go places due to anxiety & panic attacks.
    Once again, it's really important that the form is completed corectly, so seek assistance, they have the expertise to make your application much more successful.
    get the form sent to you asap as the claim goes from when they sent the form to you.

    Hope this has helped..
    There Is light at the end of the tunnel, and there is help available, you just have to ask for it. There's nothing shameful in asking for help, especially when you're ill.


  4. #4
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    Default Re: my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    DLA - the purpose of dla is to help with the costs of long term illness & care resulting from it
    the major thing of the dla form is the way that it's completed, all questions should be answered as if on your worst day
    Do not do the form on your worst day. It's fraud and obvious if you do this. Someone did this, got found out and got into a lot of trouble. However, there's nothing wrong with mentioning bad days.


  5. #5
    Basic Account Holder badmonkey Novitiate

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    Default Re: my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    actually you'll find that you should mention "on my worst days" often, and if someone is completing the form for you thats the kind of question that they ask you


  6. #6
    Basic Account Holder genuine-guy Novitiate

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    Default Re: my esa appeal was refused i just did a rapid reclaim for esa need some advice im worried sick

    Hi guys,
    Thanks for the replies so far. I just got a letter yesterday from the mental health team.

    The receptionist gave me an appointment for 2nd of april, that was the earliest appointment. should i send the letter to e.s.a.

    I think it would help with my claim and one more thing, do you know the way i have to wait 4 weeks to be seen by a c.p.n will they wait for that diagnosis from the mental health team. And 2 other can i get a social worker myself or do i have to go through the mental health team?

    should i call with cruise and get a confirmation letter, to say that im waiting for an appointment.

    And finally i am going to write a letter to esa to explain how my depression has got worse since october do you think that would help? your replies are appreciated thanks guys.



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