Hello my mum found this site a few months ago and I had started prepping my tribunal hearing from this the link that honeybee and leemack was commenting on a lot the ESA tribunal hearing for anxiety that was won thread - I got my letter for a hearing 2 days ago and have worked real hard with my mum to get this finished and I will be taking it to CAB this week, but can I get you please to read it over for me, before the CAB as they may post it that day, just I believe you will be more help. I will be attending the hearing with my boyf who came to the Atos medical also with me.
I have included attachments of Doctors Letter (already in paperwork from DWP and ATOS) and Atos 's Paperwork on me that I think you may want to see, I am not sure. These are all with names and dates erased. I was only relying on this information, the paperwork, docs letter, and my statement below. (Does this statement below have to be sent to tribunal 7 days before?? or took on the day??)
I think the attached 5 docs to this first thread is more important and what I am asking for help on - all the other 3-27 posts are my atos score sheets and comments etc the norm
I can only upload 5 docs will upload rest in replys....
Any help and corrections will be greatly appreciated. AND if anyone can help with questions I will be expected to answer in the tribunal, would be also massively appreciated xx
PS I HAVE EDITED AND ADDED THE STATEMENT IN PDF FORM IN THESE ATTACHMENTS AS IT MAY BE EASIER TO READ - either read the rest this thread or go to end and see pdf in better layout
Appealsubmission of XXXXX
Dateof appeal – XXXXX
Nationalinsurance number – XXXXX
I,XXXXX am appealing against the decisions made on XXXXX and XXXXX todecline the award of Employment and Support Allowance on the groundsthat I have not attained 15 points from the combined Physical andMental Health descriptors following my Work Capability Assessmentfollowing my Work Capability Assessment (for ESA) on XXXXX. I submitthat the Atos medical assessment was in places inaccurate and did notadequately assess my mental health condition. I suffer with anxiety,depression and poor health. My mental health problems began XXXXX andwere caused by the effects of an abusive and violent relationship anda miscarriage. I have been unable to work since then. I did attemptto work around XXXXX (can not remember exact dates) but could notcope at all.
Mymedication at the time of the medical assessment was, Trazodone(150MG)
Bytime I appealed my medication had changed to Citalopram (20MG) due tothat my anger was out of control and it had been recommended from afamily member that Citalopram helped a lot with anger, as I wasunable to find any help and support for anger.
Ihad seen a councillor first for 8 weeks (HER NAME iTalk) but was thenforwarded on to seeing a psychiatrist, HIS NAME, iTalk and was withhim for a year (as well as the continued support of my doctor fromthe start to present day.) The appointments with HIS NAME had notlong stopped around my medical and I felt then I still had problemsthat were not dealt with.
After much talk, I had been lookinginto other places but did not qualify and I am in discussions with myDoctor to go back to iTalk again.
Ifeel depressed all of the time to the extent that it severely impactsmy daily life. I feel anxious most of the time, my anxiety andparanoia is severely increased if I have to leave the house or haveany social interaction.
Thewhole ordeal has left me mentally and emotionally 'damaged' and whichhas also resulted in taking it toll physically too. I feel there is ahurdle I can not overcome and I am trying so hard because I do notlike who I have became.
Thereport of the Atos medical assessment I attended contained manyinaccuracies:
-The report states that I ticked on the ESA50 that I had problems withstanding and sitting, however I reported no problems to thehealthcare professional. I was not asked these questions about myproblems or given an opportunity to explain and how was I supposed toknow I was meant to bring it up first?
-The report states that in one paragraph I can only go to the shop ifI am with my boyfriend every couple weeks, the next paragraphcontradicts this and states I go to the shop alone. I told the HCPthat my dad either goes shopping for me or on the very rare occasionthat my boyfriend has dragged me to the convenience shop directlyopposite his house but it causes lots of distress and arguements,otherwise my boyfriend always go to the shop for me. Sometimes heencourages me and tries to prepare me to go out but this just resultsin full blown arguments because of my insecurities.
-The report states that I can use public transport. I can only use oneroute and that is only if my boyfriend is meeting me of the bus,which is also stated in the report in another section. Alot of thetime my boyfriend has to come to me and collect me and take me backhome. I do not get public transport anywhere else unless I am withsomeone.
-The report states I had no difficulty completing the ESA50 form anddeals with letters and bills without difficulty. When in fact Istated that my mum and CAB (HER NAME AND LOCATION) helps me with thewording and understanding and dictates from what I want to say andputs it into a clearer sentence that would be understanding forsomeone else. The ESA50 form took me a few days to complete doinglittle parts at a time and letters generally cause frustration forboth me and my mum but my mum helps me as much as she can, and I donot have bills.
Ihave also had a lot of help in writing this submission since March2013 from a forum, CAB and help from my mum and partner.
-The report states that I can cook basic meals. The HCP asked me if Iwas able to prepare basic meals. I responded Yes. I had this laterexplained to me at the CAB that what I thought was a basic meal, wasnot what you mean as a basic meal. My basic meals are a packet ofcrisps, chocolate, ready made stuff in the fridge like a yoghurt or acornish pasty, piece of ham, block cheese, biscuits etc. Something Ican just grab and eat instantly. The times I had previously attemptedto cook, my poor concentration means that I have burnt food and myparents utensils or not even cooked food. If it hadn't been for afamily member to notice this then it would have been more dangerous.My mum does all the cooking in the evening for me and my dad, and shealso does most of our lunches. I get frustrated when people shadowme, prompt me and constantly watch me when in the kitchen, It causesarguments and I get extremely snappy when people moan that I haveleft appliances on or that they just take over and cook the meals forme. It really makes me upset and I feel a failure that I just nowgrab quick things listed above that I can eat instantly so thatmainly my mum doesn't have to go out of her way for me.
-The report states that I do housework as long as I write a list ofwhat needs doing. But I have to do it in manageable sections forexample if I am washing up, I will do a few items, sit down because Ican not stand for long and hurt, do a few more and sit down and keeprepeating this till its done.
-The report states that I have no problems using a computer. I do goon a laptop but I can only do this for a short time (30 minutes tops)as it causes me to have headaches or migraines and then I have to liedown.
-The report states that I have no difficulties arranging and attendingappointments, where in fact I stated I have lots of difficulties,again my mum helps me and I have to write notes, and reminders, I getmyself in a right state and also have to call doctors or taxis torecheck the time I booked, as I also lose my notes.
-The report states I visit my GP and Councillor every week. I stated Isaw a psychiatrist, HIS NAME weekly but my parents paid the taxi farefor me to get there and back. I also stated that my doctors is only a5 minute journey from my house and its practically on my doorstep,this is why it is easy to attend, and the HCP commented sarcastically'well that's very convenient isn't it?!'
-The report states I chat on facebook. I never said this, I stated Ibrowse facebook, that my friends tell me that they are here for me ifI need a chat in person but I never reply. I can not face it.
-The report states that I sometimes go out to the cinema with myboyfriend. I stated I have been once and that it was a badexperience, I have not been since.
Thereport generally states I coped well and behaved normally at theappointment but this was because I had someone there with me. I amanxious, nervous and afraid to attend these appointments on my own,and afraid of meeting new people. I need the support of someonefamiliar.
Isubmit that I fulfil the following descriptors:
1.Moving around (d) Cannot either (i) mobilise more than 200 metres onlevel ground without stopping in order to avoid significantdiscomfort or exhaustion or (ii) repeatedly mobilise 200 metreswithin a reasonable timescale because of a significant discomfort orexhaustion. (6 points)
WhenI am accompanied with someone, I find it very difficult to keep upwith them, I walk really slow and I struggle to walk far. Whenwalking, what used to take me and a normal person 10 minutes, willnow take me about 45 minutes because I walk so slow with all theissues listed below. I can not walk further that 10 minutes before Ihave to stop, making them stop too. I struggle for breath, get hotand sweaty, experience pains and keep needing 20-30 minutes minimumstopping time before walking another shorter distance. This putspressure on my knees and hips making me very uncomfortable, reallytired, distressed and gasping for breath, I have to stop. I cannotstand for long either, I have to hold onto someone arm, lean againsta wall and keep swapping weight on my legs to the other leg and amgreatly embarrassed by this. If there is not a seat near by and Ihave to stand, my pain gets worse faster. When I get of the bus atthe NAMED TOWN library, I can only cross the NAME Park towards NAMEDroads before feeling my limit. It is a daily struggle and like I onlyhave a maximum of 10 minutes a day to be pain and stress free, nomatter how long my breaks are throughout that day, once those 10minutes are up, the pain and exhaustion lasts all day or instantlyreturns on any activity. As well as walking slow because of the painor trying to to prevent it it, I also walk so slow in the hope ofgetting a couple of more minutes out of it.
11.Learning tasks © Cannot learn anything beyond a moderately complextask, such as the steps involved in operating a washing machine toclean clothes. (6 points)
My mum, who I live with, I think isgetting really fed up of repeatedly telling me the correct buttons topress on the washing machine, its only three buttons. She hasrecently resulted in marking the washing machine with a black markerof the 3 buttons I need to press. I had tried multiple times to do itbefore on my own, and my mum said they were dripping wet when theycome out. The buttons I pressed, I was very adamant and believedstrictly these were the correct ones, but she had told me maybe itwas my memory from our old washing machine. It has caused argumentsbetween us and I was really confused and really upset me that I cankeep forgetting and making more work for my mum. My mum now does mywashing.
12.Awareness of hazards © Reduced awareness of the risks of everydayhazards has led or would lead to frequent instances of or to thenear-avoidance of: (i) injury to self or others; or (ii) significantdamage to property or possessions, but not to such an extent thatoverall day to day life cannot managed when such incidents occur. (6points)
WhenI start to cook I forget about it causing pans to boil dry and foodto burn in the oven because I forget I am cooking.
Ona bad day I would put an item on in the oven and cooked for 30minutes, then returned because my mum can smell burning, and I hadthe hob on that had a pan resting on it and the plastic utensils inthe pan was burnt, and that ruined my parents belongings, that reallyreally upset me.
Ihave fallen a sleep and forgotten that I am cooking. Mum noticed andturned off the oven.
Iput the oven on and returned after cooking time to eat, to open theoven and no food is in there.
Thevery last time I used my parents oven was when I put the hob oninstead of the oven and the oven had a glass lid which had been leftdown. After time, when returning to the kitchen the glass lid hadbent upwards and I screamed and lifted the glass in panic and shockand mum opened the back door and on walking away the glass explodedjust missing us. I am so deeply ashamed!!! My parents bought a newcooker and they can not afford these things. Since then my dad hastold my mum to watch me like a hawk in the kitchen.
Mymum now follows me every time I enter the kitchen or if she knows Iam cooking, and always returns after I have left, to make sure I haveturned appliances off as I have also left the oven on from lunch timeall the way through to the early evening with nothing in it. I feelreally belittled and like a child to be watched over.
Ihad made tea for my parents and forgot to put the tea bags in.
Whilistboiling the kettle I'd forget and go off to do other things and mydad says MY NAME where's my tea and when I say oh I have forgotten hereplies oh yeah really and I get really annoyed that he thinks I'vedone it on purpose. He later laughs it off and tells me to not besilly that I am getting upset but it does really upset me.
Ihave gone to run a bath, then forgot and gone to sleep, My mum cameup for the toilet and stopped it because it was full and running outthe over flow She panicked and that caused me mayhem.
Theseare a few examples, that make me feel such a failure. Which adds tomy anxiety because my mum is unwell too and I get really upset that Ihave burdened her or my dad.
13.Starting a task and finishing it to the end © Frequently cannot,due to impaired mental function, reliably initiate or complete atleast 2 personal actions. (6 points)
Ineed to write lists to remember a sequence of tasks. If I do not makelists, I forget what I have to do causing stress when I haveforgotten to do something on time. If I agree to something I have towrite this down or I will forget. I have to contact people doublechecking times, for example, taxi service asking what time I bookedfor and Doctors asking what appointment times i've made.
Asmentioned above, with awareness of hazards, if I start a task, I caneasily lose concentration causing difficulty. I even write stuff downand lose that too and then I panic. I try each day to write a listof things to do the next day, this can vary from reminding myself todo basic tasks to appointments and anything I need to take toappointments including reminding myself to write another list on mylist, any medications I need to reorder etc.
Pleaserefer to my doctors letter stating that I use coping strategies todeal with every day to day life.
14.Coping with change © Cannot cope with minor unplanned change (suchas the timing of an appointment on the day it is due to occur), tothe extent that overall day to day life is made significantly moredifficult. (6 points)
Anexample of this is I have been waiting for a bus to an appointmentand the bus has not turned up, I panic out of all proportion. I haveto call my mum and she has to calm me down and help me find analternative and then she has then phoned taxi service to pick me upand take me to venue, also phoning venue to say I may be late.
NAMEOF PERSON AT ITALK had changed two appointments once on the day I wasdue to see him and this completely threw me and I got very depressedand in an angry mood for a few hours.
Ifpeople have arranged times and dates with me and let me down, I blowthat out of proportion and have full blown arguments with people.
Ifpeople are any later than 3 minutes late in contacting me after anarranged time, my anger level soar, I think it is highlydisrespectful and I will scream and shout and am unreasonable to anyapologies. My mum says I always go 'overboard', that I need to let itgo and there is no need for it.
15.Getting about (b) Is unable to get to a specified place with whichthe claimant is familiar without being accompanied by another person.(9 points)
Irarely go out at all, I travel about two times a month. I live at myparents so I am either there or if my boyfriend has picked me up I amat his. These are the only two places I am.
InTOWN I have a massive Phobia of the town because this is where my expartner is most likely to be seen. On leaving him, his job was in thetown centre. And so now I rarely go to town and only if I am with aclose person who understands. I cannot go to town with someone I knowwho would not understand or who I have not told about EX'S NAMEbecause in the past I have freaked out and I won't trouble someonewho doesn't know this.
Ihave to travel to HOME TOWN where I have grown up in all my life in ataxi or with someone, because I won't walk through there on my own.
Pleaserefer to my doctors letter explaining about leaving the house.
16.Coping with social situations © Engagement in social contact withsomeone unfamiliar unfamiliar to the claimant is not possible for themajority of the time due to difficulty relating to others orsignificant distress experienced by the individual. (6 points)
Inever go out to see my friends, on the rare occasion they have cameto see me and then that results in me feeling bad because they'vemade the effort. The right thing to do next would be to see them. ButI don't want to go out so I just leave it but then I lose my friendsbecause they don't want to come see me all the time or they complainthat they are the ones always making the effort. And when they don'tcome to see me I really don't care because I don't have to deal withthere problems and what they think of me anymore.
Mydepression and anxiety stops me from going out and enjoying anythingI once loved/liked.
Ionly leave when I really have to for appointments and medicationcollections if my dad or partner was unable to collect.
Idon’t go out and socialise as I don’t like it as it causes me toworry to all extreme in the fear that I will see my ex or his family,who have all threatened me and my family. Whoever I am with, if I sawmy ex or his family and it all kicked off then not only am I at risk,I am putting someone else at risk and that thought and worry is justtoo much for me to deal with
Onetime my partner and his friends took me out and promised me “whatwere the chances of seeing any of them”. Well we went out and hiscousins were at the venue, my partner and his friends tried to relaxme and calm me down and even threatened to beat them up if theystarted on me but in the end we had to go somewhere else, I wasdistraught that I could have been the cause of a problem.
WhenI am at my boyfriends flat and a few of his mates come round I haveto resort to the bedroom, because it is too overwhelming. I worryabout something I may say that will make them hate me and think I amstupid so I make my excuses and leave, I then give my partner anearful all day on what they thought of me because when I do seepeople, I always have that phobia afterwards off whether or not theylike me, if they hate me, what they think of me, if they'd want tosee me again, did I say or do anything that made me look stupid, ori'd pick out things and say would this cause them to like me more,hate me more etc...
17. (b)Frequently has uncontrollable episodes of aggressive or disinhibitedbehaviour that would be unreasonable in any workplace (15 points)
Inmy own company I am fine but when being with other people, theyreally get me wound up, I always get angry and the most simplecomments just make me see red and something that I know I once Icould have let go, I wont. Since my ex, I will not let anything go, Iwill not be walked all over again and become open to abusivebehaviour or be hurt.
WhereI was someone who had ALOT of patience, I now have none whatsoever,something flicks in my head and I seriously want to go pick weaponsup and do damage to people and hurt them in a way they have hurt orupset me, actions speak louder than words and if I am angry I willaction that, as my words of reasoning are not comforting any more.
Thisis why I don’t like seeing people as it will only take once forthere opinion to change about me.
Idon’t do it intentionally and I see how I was before to now and IHATE it, but I can’t control it.
Ona few occasions I have thrown things at my partner and even threw hisremote control at the wall and demolished it because he just made meflip and to me he was being really unreasonable but it was me. Hedidn't do anything wrong.
Iwas also really rude to a receptionist once who was trying to help meand I gave her a mouthful over the phone because as she was stressed,she made a comment about how I should have called earlier toguarantee an appointment and I flipped and then after the call, Icried my eyes out, I felt terrible.
Irespectfully request that the tribunal award 60points in the limited capability for work test, and allow my appeal.
I hope this is letter is ok?
I hope this all correct and I have it on forum ok????
PS I HAVE EDITED AND ADDED THE STATEMENT IN PDF FORM IN THESE ATTACHMENTS AS IT MAY BE EASIER TO READ