hi my brother got his paperwork through the post saying he isnt entitaled to claim and must go on jsa he has been on benafits for 20 yrs due to learning dificulties and phisical problems also epelepsy uncontroled 3-6 week doesnt go out scared to tell the docs although they do know a lot of it but scared doesnt want to be made to go hospital

had a tooth out a few years ago got that it he was in intensive care so dont trust docs or anyone else in that capasity

his wife has had stokes so is also unwell and i live 170 miles away so cant be there all the time to help but we have to appeal this desision was told on the form to list what we dont agree with the day he had his atos assesment so ill post it here just want to get your guys oppinion thanks in advance

Facts that we dispute in the medical report for +++++++++++

Page 7: brush his teeth and eat by himself

I told the doctor that Sam needed encouraging eating anddoing everyday tasks

Page 8: shoulder movements restricted due to shoulder pain

Sam attended this appointment and went through what the docasked him to do and withstood the pain due to thinking the doc would send himback to hospital he didn’t understand what it was for he had pain in his neckand shoulders and also his back but masked it due to his fear of going out and mixingwith people

Page 9: no difficulty understanding the client speech

Sam stutters a lot sometimes I can’t understand him he getsconfused as he did on the day of the assessment

Page 11: consciousness has no problem

Sam has epilepsy sometimes he just goes into what’s like adaydream yes he is awake but not aware of his surroundings

Page 12: can shower brush teeth eat and drink etc. etc.

Sam needs to be told to eat or he doesn’t after years ofbeing teased about his weight was 21.9 stone now he is 17 stone he did go down to 12 stone beforewe got results and made him eat

Page 12: Sam appeared to be well dressed looked well

I pick out his clothes otherwise he would wear the samething every day his jogging bottoms his brother brought him 5 yrs. ago that aretoo big for him no matter the weather

Page 13: behaviour normal no rocking etc. etc.

He was that scared he sat rigid all the way through theappointment although it caused him pain on the way home he was crying Couse hisback hurt

Page 13 didn’t require prompting at interview

He just wanted to get it over just answered the questions hethought that the doctor wanted to hear so he wouldn’t get it over and gohome I tried to explain this to thedoctor but he kept asking me not to interrupt

Page 14: copes with change

Sam needs a strict routine he doesn’t handle change, if aprogramme changes without me going over and over it he has tantrums breaksthings doors bangs the walls

Imagine what he is like if he has to go out he kicks off bigtime his moods change

Page 14: speech anxiety sitting

Sam stutters his speech is never normal, he was sweatingthat much his top was soaked through he only took his coat of at the start ofthe interview as the doctor asked him the he put it straight back on with myhelp as he uses it as a kind of comfort blanket so how would the doctor haveknown that?

Page 15: no obsessive thoughts

Sam doesn’t speak about his thoughts even to me very oftenwithout being prompted

He obsessed about everything has to be in place as you canimagine we have 3 children this does get hard to deal with but the kids aregreat with him his son calms him down a lot when he is in a state

Page 16: coping with social engagements appropriate behaviour

Sam doesn’t like to go out in the past year he has gone outno more than 30 times and over the past 6 yrs. this has been an increasingproblem

If he is made to go out then he is withdrawn or gets thatangry shouting and hitting out we have to take him home

Page 18: not a substantial risk to others

Over the years Sam has been in trouble for his anger andbeing unable to control his attitude and has been arrested a number of times inpublic places for his anger and hitting out

Page 19: eating and drinking

Sam doesn’t like to eat he thinks he is fat if you leave himalone with his food he with throw it away he will drink water and sometimes teabut has to have no milk

He has suffered for years with an eating disorder

Page 20: says he hasn’t reported any lower limb problems andthe lump didn’t Couse pain as he was able to write the form

Sam was in a wheelchair for a long time he was able to workhis way out of this due to rehab then used a stick for years slowly due tofamily help he has progressed to being able to walk short distances

The lump is on his left hand not his right and he writeswith his right so why would that be an issue?

When he was asked about moving shoulders and neck he did soalthough he was in pain he just wanted to get out of there he didn’t have fulluse he couldn’t move all the ways the doctor asked him

Page 21: no difficulty speaking fits controlled any formonths any probs going out unattended

Sam stutters like I have said before others find it hard tounderstand him he has had 3 fits thisweek alone I now have to give him his pills and make sure he takes them

Sam doesn’t go out alone he is scared not only of neighboursbut new people if he feels backed into a corner he lashes out

Page 28: sat in chair for 40 miniuets wife only guided

Sam wasn’t in the room that long

I did guide him to make sure he didn’t leave or get angry

this doctor didn’t take time to see Sam properly I felt hewas going through the motions Sam was scared if the doctor had bothered to lookat him instead of the computer screen he would have noticed how tense he wasand how rigid he sat although it caused Sam pain that’s the amount of stressgoing out causes him

Hello there, welcome to CAG.

Your brother isn't alone, lots of people here have been through the same thing.

The points you're raising sound like the sort of thing you would put in an appeal to the DWP or say to a tribunal if it gets that far. What stage are you at please and does the letter talk about appealing to the DWP?

My best, HB

yes its just been stopped this is the first apeal it was stopped tue

He needs to get a sick / fit note from his GP so he can still claim ESA until his tribunal comes through. It may help him if you kept a diary for him - stating things like how often he has seizures, etc.

yes its just been stopped this is the first apeal it was stopped tue

Thank you. If I understand rightly, you're about to write or submit a GL24 form to the DWP? You can download a GL24 online if you don't have one. There should be a leaflet with the DWP's letter called something like 'What to do if you disgree with our decision'. Do you have that?

My best, HB

yes i have that form

he doesnt go out a lot would say he is agrophabic i think its called he is my step brother he was raised mainly by his dad and was tought to misstrust docs police ect ect so doesnt go into a lot of detail with them

he only trusts his wife and kids really even i find it hard to get him to talk

the thing is he is suicidal now im in cardiff he is at least 2 hours away from me his wife says she will watch him but she is ill also they dont get any help from outside organisations his dad is back in prison

Hello again. If your brother is suicidal, he or possibly his wife should contact the Samaritans for help. Nothing is worth getting that wound up about, but your brother needs professional help as I see it. Even if you were close by, you don't have the experience to cope with that part of it do you?

Hopefully here we can help with the paperwork part of things. Please keep asking questions, but I really hope your brother and/or his wife talk to the Samaritans. Let us know if you can't find the contact details.

HB x

thanks for the replies i have been on the phone im going down to him on monday and ill try and get him to the docs

i do need someone to guide me on the statment i gave at the top of the thread do you think its ok?

also if he wont goto the docs do they still come out if its urgent ?

also if they do im a bit scared they would want to put him in hospital and i know he would never forgive me