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DiMoll

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Everything posted by DiMoll

  1. Oh Sorry, I phrased that badly. What I meant was that if I received a message, the way that I received your reply ( your reply came straight to my email address) then I would log in and reply on the group.
  2. Hi, I would like to thank all of the people on this forum who gave me advice. My daughter won the case. it was a Mental Health case. She had been turned down completely and wasn't even in the WRAG group. I took all the advice given, here, and wrote a statement. I picked out the statements that I thought she could gain points on and then provided evidence for each point. I added to the evidence some of my own observations and picked out the key words after reading the factsheet that Rethink Mental Illness 'WCA' had published. ( it is a factsheet that 'Rethink' have published to help people to fill in the ESA50) it is very good and gives examples. I think that although it is for people with Mental illness that the advice it gives would help people with other disabilities because of the way it is explained. I think it is important to remember that the Judge is only concerned about whether your claim for each area, actually fits the written criteria. The doctor asked questions in such a way that my daughter was fooled into giving a straight yes or no answer. I have read that here before. I had to stop her and I asked her the same question in a different way. Example, the doctor asked her 'can you read?' my daughter answered 'yes'. The doctor mean can you read books for start to finish and that was what she had concluded from my daughters answer. I asked 'can you read a whole book from start to finish'. My daughter cannot concentrate to read a whole chapter or even a few pages, so obviously I got a different answer, but she can read. The point that I am trying to make is that the Doctors job was to ask questions in such a way that it would elicit the least favourable answer from the person appealing. The judge was nice and allowed me to ask the questions and to explain. I think it is a good idea to have someone with you or to even ask the doctor to clarify and break down the question so that you know what the question is aimed at finding out because the doctor is trying to trip you up. The doctor seemed to be very nice and you can get lulled into a false sense of security but she is there to stop you from winning and the judge can only go by what answer you give in response to the doctors questions. If I can be of assistance to anyone then please get in touch. I may not be reading the group regularly in the next 3 weeks but I will have access to the internet if someone messages me.
  3. Thank You Margaret, If my daughter does not get the ESA at Tribunal then I might need that information
  4. Hi Nitelite, Can you tell me? When I fill in the forms that I send to the tribunal, for use during the tribunal and I make statements about what she can and cannot do ( I know this is a long sentence) do I write it as "My daughter cannot" or Write it as " I cannot" from her point of view? when you supported your sister did you write it from her stance or yours because obviously my daughter cannot do it herself or she wouldnt need the benefits. thank you in advance
  5. Hi, I have just been to that site but you cannot make personal requests or requests for personal information.
  6. I haven't and I think I have now left it too late. We were trying to get help from CAB but we didnt have any documents until 2 days ago and they wouldn't help, obviously because it looked as if we were making up the whole history.
  7. Hi, Yes that would seem very easy to do. I have contacted community metal health team and we have been to a couple of interviews and I have also been to the doctor with her but I didnt realise that her files had all been lost or misplaced. They were only recovered last week after I had written to a local MP and he wrote to the authorities. No wonder we have not been getting anywhere they thought that we had made up all of the information - because they didnt have any records on her.
  8. Hi Tickle Cough, It doesn't seem to get any better. She has received all the documentation but has not passed it on to me so I am not sure of all of the facts. She became so frustrated that she even ripped up all the Tribunal information and I have been phoning around trying to get the correct date and time for the Tribunal.
  9. Hi, I am just wondering if anyone could help me with how I would present her problems to a Tribunal. She has been turned down for ESA and her tribunal is in only a couple of weeks . She has got a diagnosis of Attention Deficit and a question mark against Severe Antisocial Personality Disorder. Her own doctor doesn't seem to have her documents on his computer system because the diagnosis was years ago. He is just giving two weekly sick notes that state she is stressed and anxious. I have come into the situation late on because I thought she had a support worker helping her. She has been given some points for help getting around in unfamiliar places but I think given that she has Attention Deficit that she should at least get points on the sections a) learning new tasks b) being able to finish tasks c) being able to sustain concentration Her personality disorder makes her aggressive, uncooperative, argumentative and agitated when stressed so I also think that she should get points in that area. Most off the time she seems fine so long as she has taken her medication but her behaviour deteriorates as the medication time gets closer. She becomes agitated, argumentative and aggressive. If she is even slightly stressed , like now because she is receiving lower benefit payments, she cannot cope. She can socialise for short periods but lives alone because she cannot maintain a relationship on a continuous basis: she has to get away and be alone to take her tablets. These are the symptoms for Attention Deficit and this is what she suffers from. Before being diagnosed she did self medicate and did try drugs. Anxiety – Excessive worry that occurs frequently and is difficult to control. Symptoms include feeling restless or on edge, easily fatigued, panic attacks, irritability, muscle tension, and insomnia. Depression – Symptoms include feelings of hopelessness, helpless, and self-loathing, as well as changes in sleep and eating habits and a loss of interest in activities you used to enjoy. Learning disabilities – Problems with reading, writing, or mathematics. When given standardized tests, the student's ability or intelligence is substantially higher than his or her achievement. Substance abuse – The impulsivity and behavioral issues that often go along with ADD/ADHD can lead to alcohol and drug problems. Any suggestions or help would be gratefully recieved DMOll
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