I hope im writing this in the correct section.... im just looking for some opinions, or perhaps others with experience with similar situations.

I know no one can tell me what the outcome will be... i just want to know what my chances are... to be realistic of what to expect....

I do have legal representation (via the Community Legal Advice) but he is always cautious as to whether my case will be successful or not... always emphasising his "strong cases" have a tendency to be overturned before even going to court etc... But is my case a "strong case" ?

My incapacity benefit was stopped in July 2010.

so.. background...

• Long history of Mental Health sickness since childhood ( i am 29 now ) due to abuse suffered as a child.
  
• ive been on incapacity since around 2000 or 2001 - the doctor signed me off because i was very near to having a breakdown.
  
• Since then i have had intense counselling and therapy for severe depression and anxiety disorders including social phobias/agoraphobia. ( i never leave my home alone and even then its about once or twice a month)
  
• This treatment has been regular except for the last 2 years because the "system" has changed and split up and im having a real struggle to get the treatment i need. (being pushed to one waiting list to another... ive been on 3 x 3 month waiting lists just to get counselling - they keep referring me to other organizations because they say my needs require "specialist treatment"
  
• I have full support of my doctor and have provided police/court documents detailing the abuse i suffered as a child. Getting psychiatric documents have been quite difficult, as i said before they system keeps changing... i am going to try and discuss this with my GP to see if he can locate my files.
  
• Also provided criminal injuries compensation letter with details ( i received in Feb 2010) and DLA entitlement ( to 2014 )
  

The ATOS examiner put under every question that i was fit for work because 1. i can use a computer and 2. i chat to family. There was no mention of the abuse i told them about and how this affects my day to day living and care needs. 2009 was a particular difficult year for me and i told the examiner about this and the change in medications etc.

I felt a bit offended when i read the report... as it would indicate from what the ATOS representative wrote, that in order to have mental health problems i would have learning difficulties, which is not the case. i dont think my intelligence should have been evaluated in this medical assessment since its a psychological and emotional issues i struggle with. - am i wrong?

My mother and husband have provided supporting statements about my day to day life and care needs...

My Doctor has also written about my condition and that i am not fit to work.

There is more.... but i just dont know what to write... i dont know if ive given too much or too little information,

I am really panicking and stressing ( which doesnt help to add on top of the problems that already exist )

I haven't had a decent nights sleep for what seems to be like forever.....

Should i expect the worst?

What would my options be?

Regards

Ash22.

Hi Ash

Welcome to CAG

The guys will advise as soon as they are available.

Hi Ash, Its very difficult to tell you what your chances are, mainly because passing an incap or esa medical has absolutely nothing to do with your condition, or whether you have the support of your doctors, but whether you score points for specific descriptors regarding how you are affected by your illness. At appeal, it is also important to provide medical evidence if possible related to the specific criteria that you fit. This link covers the criteria including descriptors and exceptional circumstances. You need to score 10 points for only mental health descriptors.

http://www.disabilityalliance.org/f25.htm

To assess your chances, look at the descriptors and decide which you think apply to you. Firstly, when added together, do the ones that apply to you score at least 10 points? Secondly, have you provided real life examples of the criteria in the appeal submission - for example, the descriptor, unable to cope with changes in routine, can you give examples of situations when this has occured. Do this for each applicable descriptor. Thirdly, do you have medical evidence directly relating to the descriptors, or to any of the exceptional circumstances clauses?

Thanks for your reply Leemack,

I have gone through the point scoring factors with my legal ep and my mother/husband who are my carers and i easily qualify for more than 20, out of the questions there was only 2 which did not apply...

Have given examples in an extensive statement submitted for appeal for each and every point which was not awarded... i was awarded 4 by the ATOS examiner.

Medical evidence... as i said in my first post this has been quite difficult to obtain (psychriatric reports ) i have however submitted evidence relating to my condition which has been clearly stated in police/court documents... i have also provided previous psychriatric documents dated from 2008 and prior. Dont know whether these will count....

The tribunal generally like evidence at least within the last year - and more recent if possible. I've found that with a supportive doctor, a carefully worded questionnaire for the doc to complete, can be helpful. With questions related to each descriptor that applies. I also usually put in a question about whether the patient's condition is the same, better or worse than at the date of the medical, and in your case would attach the older reports and ask whether your condition is the same, better or worse than described in the attached reports.

Its a bit hit and miss, you never know how helpful the answers will be. Some GP's will charge, some consultants won't bother sending them back. But some are incredibly helpful. It does take time to do an individual questionnaire for each client, so not all advisers have time to do it - or maybe know that your doctors in particular won't be helpful. The best results tend to be when a person takes the questionnaire into an appt with the doctor, rather than posting it or leaving at reception.

Regarding the tribunal itself, it may help to read the sticky re esa medicals particularly the bit about assumptions. Some of the questions asked at appeal can be similar, and there can be a tendency to make assumptions based on the answers that you give.

You've done the best thing you can do to give you the best chance of success - and that is to have an adviser helping you. Will they be atteding the tribunal with you?

Sorry that ive not replied sooner.

The representative will not be attending the tribunal with me... however my mother and if they grant permission also my husband will attend with me since they are my carers.

The submissions reads really well and argues the case quiet thorough.

My tribunal date is 6th May which is now fast approaching and the stress is taking its toll on me.

I have recently started new therapy... i have a number of appointment letters etc but i feel reluctant to ask the therapist for support in this appeal ... with my illness i find communication tasks like this quiet difficult, i dont know if it will be of any benefit anyhow since documents and case has been submitted already ( i am aware i have until 7 days before the hearing to add anything else)

One question i do have... is IF the appeal is successful, will all the money be backdated and then... what happens? because they are changing the system now...

I am trying to stay positive... because i fear my health will deteriorate should the result come back unsuccessful.

Do they tell you on the day the result? or is it personal to each case? like some they do and some they dont?

It sounds like you're in a similar situation to me, both healthwise and at your stage in the struggle to get your IB claim sorted out. It's horrible that they put already stressed people through these ordeals. Stick with it!

It sounds like you're in a similar situation to me, both healthwise and at your stage in the struggle to get your IB claim sorted out. It's horrible that they put already stressed people through these ordeals. Stick with it!

Have you appealed?

How far are you in the process?

I hope you succeed.

It is a very stressful time

It is that. It's making me physically iller, as well as mentally.

I'm in the same position, I've appealed the IB decision, waiting for the tribunal on that, and waiting for the ESA appeal papers to arrive in the post.

What a terrible hearing it was!

The judge decided to adjourn the hearing because it was friday and too late!

Why on earth did they give me a hearing at 4pm if this is considered too late???

They made some excuses saying they wanted to see all my GP referral letters and asked my permission to contact him regarding this. But i find it weird that they have requested it to be backdated from 01/01/2008. But i guess its better this way... at least they can see ive been pleading for and receiving different treatments and not just sitting around letting my condition get worse...

Can i send the tribunal some medical/psychiatric dating back since 2008 i have received or should i just let my GP send everything he has?

Not sure what i should be expecting next...

How long does it take for another hearing?

as it would indicate from what the ATOS representative wrote, that in order to have mental health problems i would have learning difficulties, which is not the case. i dont think my intelligence should have been evaluated in this medical assessment since its a psychological and emotional issues i struggle with. - am i wrong?

Whilst many people may have both, it's possible to have mental health problems and have no learning difficulty. Learning difficulties and mental health problems are two completely different things.

If I were you, I would send as much evidence as I can. Don't bank on your GP to send this evidence, or DWP to contact them.