ESA Tribunal Hearing Anxiety ***WON***

[leemack]

Yes, honeybee's template is very good. Do what you can, you've already identified the atos errors - so write a paragraph about that. Then take the descriptor headings above and try to write a bit about each one underneath, then post it back up. If you start it off - then we'll try to help in filling in the gaps and pulling it together.

 

As honybee said, we don't take money here - we're happy to advise and help, but you really need to try and put something in writing first, to give us something to work with, then it makes it easier to help you.

 

Look at this thread as an example:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?297909-Tribunal-hearing-coming-up-next-week

[Nystagmite]

with regards to making the list so you know you must do things, do others still have to remind / encourage you to do things?

[leemack]

OP stated she rarely sees anyone or uses phone - it would be hard to argue she gets reminded by someone else to do things - otherwise yes, I would've asked that question.

Edited April 11, 2011 by leemack

[Nottingham1989]

My form so far.

 

**** *******, 14/4/11, St Marys Court, Chesterfield, S41 7TD

 

National insurance number - ** 36 ** 20 A

 

 

Introduction

 

I, **** ******* am appealing against the decision made on 21st July 2010 to decline the award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on 9th July 2010

 

I believe and I will demonstrate below that by scoring the descriptors relevant to my condition correctly that I do attain the required threshold of 15 points.

 

Awareness of hazards © Reduced awareness of the risks of everyday hazards has led or would lead to frequent instances of or to the near-avoidance of: (i) injury to self or others; or (ii) significant damage to property or possessions, but not to such an extent that overall day to day life cannot managed when such incidents occur. (6 points)

 

When I start to cook I forget about it and it ends up burning and making my kitchen fill up with smoke, I only realise this is happening when my smoke alarms are going off. When I go to run a bath I forget about it and the water starts to over flow and flood my bathroom. On a few occasions over the past few months I have nearly been hit buy 4 cars due to not paying attention to the road and walking straight out without checking.

 

Memory or concentration ©*Frequently forgets or loses concentration to such an extent that overall day to day life can only be successfully managed with pre-planning, such as making a daily written list of all tasks forming part of daily life that are to be completed. (6 points)

 

 

I try each night to write a list of things to do the next day, this can vary from reminding my self to brush my teeth and take a bath for hygiene reasons, any Dr's appointments I need to attend, check if I have enough medications and if not to order some more. I forget I ever write the lists and I miss appointments and I run out of medications that will have an affect on my depression and make it worse.

 

Execution of tasks (b)*Takes more than twice the length of time it would take a person without any form of mental disablement, to successfully complete an everyday task with which the claimant is familiar. (15 points)

 

It takes me over 90 minutes to bath on most occasions as I just loose interest when I am in the bath and I just sit there day dreaming and forget to turn the taps off and it starts to flood over. When walking to a Dr's appointment it some times takes me over one hour because I walk so slow, day dreaming, it should only take 15 minutes. I find is difficult listening to my GP when he is talking to me as I just loose interest and forget what he has actually said to me.

 

Coping with change © Cannot cope with expected changes in routine (such as an unexpected change of the timing of an appointment on the day on which it is due to occur), to the exent that overall day to day life is made significantly more difficult. (6 points)

My normal routine during the day I can sometimes cope with, but when I need to attend appointments that means I have to travel in to Mansfield it makes me depressed and angry at the same time, it gets to the point where I start feeling suicidal. I don’t like travelling on the bus as I don't like crowds or the public in general, I start to have panic attacks and it makes me journey a lot longer.

 

Getting about (d) Is frequently unable to get to a specified place with which the claimant is familiar without being accompanied by another person. (6 points)

 

I rarely go out at all as it means I need to travel on the bus and in day light, I feel safer at night and not as anxious as there is not a lot of people around. I asked ATOS for a home visit for my medical but it was refused, I requested this as no one would accompany me to the medical. I felt I had no choice to go, I had to take 3 times the prescribed dose of propanolol to try and keep my anxiety levels low for the hour or so I was out but it only helped a little bit and caused me to feel depressed. I did not want to loose my benefit so I had to go.

 

Coping with social situations (b) Normal activities, for example, visiting new places or engaging in social contact, are precluded for the majority of the time due to overwhelming fear or anxiety. (9 points)

 

Due to the trial I was at in February 2011, non of my family talk to me any more even though my step dad was found guilty of sexually abusing me when I was 6. I never go out to see my friends as most of them are at university, I don’t go out and socialise as I don’t like being in crowds as it causes me to have panic attacks. I only leave when I really have to for appointments and medication collections.

 

 

 

 

 

I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

 

 

_____________________

 

I would like to refer the Tribunal to Item (number) in the Appeal Submission – Form IB85/ESA85Medical Report. I shall now explain where the report’s content is inaccurate.

 

Item insert number – IB85/ESA85 Medical Report (Appeal Submission pages insert page numbers)

 

The report does not reflect accurately those matters discussed and assessed at the medical examination that I attended on [date]. Referring to the content of the Medical Report Form, on:

 

In here, insert bullet points referring to what the report stated, followed by what the accurate assessment should have said, for example:

Page *insert page number: Standing: the report stated that I am unable to stand for more that 30 minutes without having to move around. This ability was not tested as part of the Assessment, most of which was undertaken in a sitting position, so I find it difficult to understand how the doctor can disagree with my opinion. In addition, my enclosed letter of support from my consultant of (name hospital) NHS trust clearly contradicts the ATOS assessment in this area.

And continue like this in bullet point form, pointing out the contradictions throughout the report and scoring.

 

When scoring the Personal Capability Assessment/Work Capabilities Assessment I feel that both the Medical Services doctor and Decision Maker have over-estimated my level of ability. By revising the Score card to take account of my actual Physical and Mental Health conditions, I am of the view that I satisfy the threshold of 15 points required for the award.

 

 

Conclusion

 

In conclusion, I believe that the scoring of my Personal Capability Assessment/Work Capability Assessment should be revised to take account of my actual Physical and Mental Health abilities.

 

I hope the Tribunal will support and find in favour of my appeal, determining that I am incapable of work from [date].

 

 

 

 

 

_________________________ _________________

 

I declare that the content of this Summary forms the basis for my appeal and that the information is correct and complete as far as I know and believe.

 

 

 

 

_________________________ _________________

Signed [Appellant]

 

[date]

Edited April 12, 2011 by Nottingham1989

[Nottingham1989]

For the last section of the letter, I have been through and correct some information, but is this the correct thing to write down ( Real reason are at the end)

 

 

Condition History

 

Anxiety & Depression

 

The condition started 7 years ago.

 

The Mental health problem was triggered by abuse in childhood.

 

Customer has suffered more with anxiety and repressing over the last 4 months.

 

Customer is currently waiting to see a councillor.

 

Customer has suicidal thoughts every other day.

 

The following mental symptoms occur every other day and are usually troublesome, tearfulness, breathlessness, low mood, mood changes & anxiety.

 

Asthma

 

The condition started 6 years ago.

 

Customer usually controls his asthma himself and it is usually well controlled.

 

They have had no hospital admissions for their chest condition in the past 12 months.

 

No oral steroids for their chest condition in the past 12 months.

 

Social History

 

The examination was carried out in an examination centre.

 

Came by bus here today and took 60 minutes (lies, it took 30).

 

Came to the examination centre alone.

 

Lives alone.

 

Live in a flat with two flights of stairs.

 

Occupational History

 

Customer last worked in February 2008.

 

Last occupation : Bar Assistant.

 

Worked Part Time.

 

The man reasons for leaving work was end of contract.

 

Description of typical day (I don’t even remember telling her this)

 

Usually sleeps poorly because of thinking about things.

 

Customer takes sleeping tablets that don’t help.

 

Gets out of bed without difficulty.

 

Has no problems in the bathroom. - I flood the bathroom

 

Has no problems with getting dressed.

 

Has a bath. I struggle to remember, hygiene goes down

 

Cooks safely. - I burn when I cook food.

 

Has no difficulties with housework.

Customer will buy from the local shop and will walk there about 200 yards away (again, never mentioned about it).

 

Customer will use the bus to get to places. - Only if its nessasary

 

Customer will walk on his own to the GP appointments. - 2 minute walk

Has not learned to drive.

 

Customer will read during the day. - I cant concentrate to read a book, I never said I read, I have the TV on but I struggle to pay attention and I fidgit a lot.

 

Will phone Samaritans about twice a week as his family are not talking to him. (phone once)

 

Customer will have a visit or to his own every 2 months. No I dont

 

Is usually able to use a mobile phone for making arrangements and communicating with others. For GP only

 

Experiences no difficulties dealing with bills and letters. I forget to pay bills and I get red letters threatening court

 

Completed ESA50 for without difficulty. - Hardly touched it

 

Description of Functional Ability (Continued)

 

Does not drink alcohol

 

Has not suffered any serious accidents or near misses recently. Nearly been hit by 4 cars

 

Overreacts to mild provocation, such as criticism, but retains the ability to cope day to day. I dont cope, I lock myself away so I dont get in to fights, argumentes

 

Has no history of any form or disruptive behaviour.

 

Describes their panic attacks as episodes, occurring out of the blue, where symptoms such as anxiety, sweating, palpitations, shaking and shortness of breath are experiences for more than an hour, but finds these do not affect day to day function (Yes they do, they cause me to be depressed and tearful)

[honeybee13]

Hello again. I don't if this will help you. Here's a link to Pritti's thread. They used the template and in post #40, they explain what they did. I have a lot on today, but I actually didn't do the template letter myself, it was my OH. I went through the Atos report and highlighted everything they said about me that was wrong or inconsistent. The problem is that you know your condition best.

 

You've copied and pasted it to your own PC, have you?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?297909-Tribunal-hearing-coming-up-next-week/page2&highlight=pritti

 

I think Leemack has done more of this than I have, hopefully she will have some comments for you.

 

My best, HB

[Nottingham1989]

Just been to collect the report from my GP surgery.

 

It's mostly referral doucuments and copies of the notes my GP has made on the system, there is no support letter from my GP. Will the info I have got help at all?

[Nystagmite]

It'll only help if it's relevant to the time you put your claim in and is relevant to the descriptors.

[leemack]

Hi Nottingham, I've made some changes and suggestions of additions below in blue. In red are parts I think should be deleted. I've also rewritten the atos medical report part, and reordered things in blue. I’ve put further suggestions in green. I’ve also changed some spellings etc. You don't need to take any of my suggestions, its important you feel happy with your submission. If you go through it keeping what you want, and adding where needed, then repost it, and we’ll take a final check for you. I’ve been descriptive in some areas, which I’ve taken from what you’ve said, but elaborated on it bit. If there are bits that don’t accurately describe anything, then please change it.

 

Appeal submission of **** *******

Date of appeal - 14/4/11 St Marys Court, Chesterfield, S41 7TD (don’t need address)

National insurance number - ** 36 ** 20 A

 

 

Introduction

 

I, **** ******* am appealing against the decision made on 21st July 2010 to decline the award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on 9th July 2010. I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition.

 

Here you need to put a paragraph telling the history of your condition. It needs to be in easily readable paragraph form, rather than bullet points. For instance:

 

I suffer with anxiety, depression and asthma. My mental health problems began 7 years ago and were caused by the effects of childhood sexual abuse. I have been unable to work since(date).My medication at the time of the medical assessment was sertraline(insert dosage),amitriptyline(insert dosage), zopiclone(insert dosage), citalopram (insert dosage), and propranolol(insert dosage).I have been referred to a psychiatrist as my current GP treatment as been ineffective in improving my condition, I am awaiting my first appointment. I feel depressed all of the time to the extent that it severely impacts my daily life. I feel anxious most of the time, my anxiety is severely increased if I have to leave the house or have any social interaction. I contemplate suicide on a regular basis and recently walked on the train tracks hoping a train would hit me. The run up to the trial, and the trial of my abuser has taken its toll on me and even though he is now in prison, I feel I have been left with my mental health in tatters.

 

I believe and I will demonstrate below that by scoring the descriptors relevant to my condition correctly that I do attain the required threshold of 15 points.

 

The Atos medical assessment I attended contained many inaccuracies:

 

The report states my journey to the assessment took 60 minutes when I in fact stated it took 30 minutes, and the journey could only be achieved by taking 3 times the prescribed dose of propranolol.

 

The report states I have suicidal thoughts every other day, when I stated I had them every day.

 

The report states that I suffer mental health symptoms every other day, when in fact I stated that I suffer the same symptoms every day.

 

The report states I bathe, but does not mention that stated that I often flood the bathroom due to poor concentration.

 

The report states that I cook safely; however, I stated at the medical that I do not cook safely, poor concentration means that I regularly burn food, causing a smoke hazard, setting my smoke alarm off and risking a fire.

 

The report states that I walk to a shop 200 yards away from the house – this is an error and the question was never asked during the assessment.

 

The report states that I use the bus to get to places, this is rarely and only to appointments, and as with the medical I need to take additional medication in order to manage this. (I have assumed this about the medication from the other things you have said, if it isn’t accurate, please amend or delete).

 

The report states that I read during the day – but what I actually said is that I have poor concentration and cannot manage to read much. If I do have to read something (a letter for example), it takes me much longer than anyone else would take. I can’t even concentrate much on the TV; I just have it on as background noise.

 

Again the report states that I have no difficulties with letters, where in fact I stated I have lots of difficulties and have received threatening letters regarding debts, because I have been unable to deal with these things myself due to depression.

 

The report states I call the Samaritans twice a week, when I said that I have emailed them a few times, I have anxiety about talking on the phone and avoid it as much as possible.

 

The report states that I completed the ESA50 without difficulty – I had considerable difficulty and could only complete small amounts at a time and it took me a very long time to complete. I have also had a lot of help in writing this submission. (Had to put this in as they may query it).

 

The report states I have not had any near misses with accidents lately but I stated that I had been nearly hit by cars on four occasions due to poor concentration and poor attention due to depression.

 

The report states that I overreact to mild provocation and criticism, which is true, but then goes on to say it does not affect daily life. I stated that I rarely see anyone and this is how I it affects my daily life; I avoid people because of this problem. When I am around people I can get aggressive, both verbally and wanting to do physical harm.

 

The report states I have no history of disruptive behaviour when in fact I was very disruptive in school and had to see an anger management counsellor every week for three years.

 

The report states that my panic attack attack symptoms, which last more than an hour each time, do not affect daily functions. This statement is illogical. Firstly, panic attacks lasting more than an hour will affect daily function of whatever you are doing at the time of the panic attack, and secondly, I take action to avoid stressful situations which seriously affects my normal daily functions. When I have a panic attack, it feels like I am going to die, it is a terrifying experience.

 

The report states that I was not anxious or sweating during the examination, when in fact I was anxious, and was sweating profusely.

 

The report states a return to work in 3 months. This is unrealistic. GP treatment has failed to improve my condition and I have now been referred to a specialist for treatment. My condition has not improved since the assessment, and psychiatric treatment is likely to take much longer than 3 months.

 

The report states that there would not be sustainable risk to my mental health if I were not found to have limited capability for work. In fact I believe the additional stress of having to look for work, or enter a working environment would cause a deterioration in my mental health such that my life would be in even more danger from risk of suicide than it is now.

 

I believe I fulfil the following descriptors:

 

Awareness of hazards © Reduced awareness of the risks of everyday hazards has led or would lead to frequent instances of or to the near-avoidance of: (i) injury to self or others; or (ii) significant damage to property or possessions, but not to such an extent that overall day to day life cannot managed whensuch incidents occur. (6 points)

 

When I start to cook I forget about it and it ends up burning and making my kitchen fill up with smoke, I only realise this is happening when my smoke alarms are going off. When I go to run a bath I forget about it and the water starts to over flow and flood my bathroom. On a few occasions over the past few months I have nearly been hit by cars due to not paying attention to the road and walking straight out without checking.

 

 

Memory or concentration ©*Frequently forgets or loses concentration to such an extent that overall day to day life can only be successfully managed with pre-planning, such as making a daily written list of all tasks forming part of daily life that are to be completed. (6 points)

 

I try each night to write a list of things to do the next day, this can vary from reminding myself to brush my teeth and take a bath for hygiene reasons, any Dr's appointments I need to attend, check if I have enough medications and if not to order some more. I forget I ever write the lists and I miss appointments and I run out of medications that will have an effect on my depression and make it worse.

 

 

Execution of tasks (b)*Takes more than twice the length of time it would take a person without any form of mental disablement, to successfully complete an everyday task with which the claimant is familiar. (15 points)

 

It takes me over 90 minutes to bath on most occasions as I just lose interest when I am in the bath and I just sit there day dreaming and forget to turn the taps off and it starts to flood over. When walking to a Dr's appointment it sometimes takes me over one hour because I walk so slow, day dreaming, it should only take 15 minutes. I find is difficult listening to my GP when he is talking to me as I just lose interest and forget what he has actually said to me, so it has to be explained over again. I struggle with letters and forms; it takes me a very long time to deal with these things. It might also be worth mentioning if it takes you longer to do things like write emails, or make a cup of tea (for instance if you boil the kettle, forget, and then have to start again), anything that takes concentration or attention to do. Also the references to day dreaming need to be deleted, as these give the wrong impression, and you probably don’t mean happy day dreaming, but it might be taken as such.

 

 

Coping with change © Cannot cope with expected changes in routine (such as an unexpected change of the timing of an appointment on the day on which it is due to occur), to the extent that overall day to day life is made significantly more difficult. (6 points)

 

My normal routine during the day I can sometimes cope with, but when I need to attend appointments that mean I have to travel in to Mansfield it makes me depressed and angry at the same time, it gets to the point where I start feeling suicidal. I don’t like travelling on the bus as I don't like crowds or the public in general, I start to have panic attacks and it makes me journey a lot longer. The part in red isn’t relevant to this descriptor, but what you might want to add is how you would cope if an appointment time was changed, or someone came to your house unexpectedly.

 

 

Getting about (d) Is frequently unable to get to a specified place with which the claimant is familiar without being accompanied by another person. (6 points)

 

I rarely go out at all as it means I need to travel on the bus and in day light, I feel safer at night and not as anxious as there are not a lot of people around. I asked ATOS for a home visit for my medical but it was refused, I requested this as no one would accompany me to the medical. I felt I had no choice to go, I had to take 3 times the prescribed dose of propanolol to try and keep my anxiety levels low for the hour or so I was out but it only helped a little bit and caused me to feel depressed. I did not want to lose my benefit so I had to go.

 

 

Coping with social situations (b) Normal activities, for example, visiting new places or engaging in social contact, are precluded for the majority of the time due to overwhelming fear or anxiety. (9 points)

 

Due to the trial (no need to mention the date as this is after the medical, though you will have to if asked at tribunal, it’s important to stress the whole run up to the trial has been very stressful – I’m assuming the run up started before the medical), most of my family don’t talk to me any more even though my step dad was found guilty of sexually abusing me when I was 6. I never go out to see my friends as most of them are at university (would you see them if they were around or is it the depression and anxiety that stops you – if it’s just because they’re at university, you won’t score points for this descriptor), I don’t go out and socialise as I don’t like being in crowds as it causes me to have panic attacks. I only leave when I really have to for appointments and medication collections.

 

 

Propriety of behaviour with other people (d) Has a strongly disproportionate reaction to minor events or to criticism, to the extent that the claimant cannot manage overall day to day life when such events or criticism occur. (9 points)

In my own company I am fine but when being with others I tend to get angry and the most simple comments just make me see red and I start being sarcastic looking for a fight and an argument, something flicks in my head and I want to go pick weapons up and do damage to people, this is why I don’t like going out, this is why I did not want to attend the medical in person. My brother stopped with me for a few weeks and even though he did nothing wrong to me I just get in this mood when I want to fight and we did and the police came out and took him out my way. I don’t do it intentionally but I can’t control it.

 

 

I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

 

I respectfully request that the tribunal award 57 points in the limited capability for work test, and allow my appeal.

 

 

Signed

 

 

 

(print name)

Edited April 12, 2011 by leemack

[leemack]

Just noticed there are different fonts, we'll need to chane that on the final draft!

[leemack]

Also we may want to add a bit about what your doctor's provided - can you elaborate on what he gave you? If its not that helpful, then you'll just have to provide it, but then not refer to it in the submission.

[honeybee13]

Excellent work, Leemack. I couldn't have done all that. How are you doing, Nottingham?

 

My best, HB

[Nottingham1989]

Hi Nottingham, I've made some changes and suggestions of additions below in blue. In red are parts I think should be deleted. I've also rewritten the atos medical report part, and reordered things in blue. I’ve put further suggestions in green. I’ve also changed some spellings etc. You don't need to take any of my suggestions, its important you feel happy with your submission. If you go through it keeping what you want, and adding where needed, then repost it, and we’ll take a final check for you. I’ve been descriptive in some areas, which I’ve taken from what you’ve said, but elaborated on it bit. If there are bits that don’t accurately describe anything, then please change it.

 

Appeal submission of **** *******

Date of appeal - 14/4/11 St Marys Court, Chesterfield, S41 7TD (don’t need address)

National insurance number - ** 36 ** 20 A

 

 

Introduction

 

I, **** ******* am appealing against the decision made on 21st July 2010 to decline the award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on 9th July 2010. I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition.

 

Here you need to put a paragraph telling the history of your condition. It needs to be in easily readable paragraph form, rather than bullet points. For instance:

 

I suffer with anxiety, depression and asthma. My mental health problems began 7 years ago and were caused by the effects of childhood sexual abuse. I have been unable to work since(date).My medication at the time of the medical assessment was sertraline(insert dosage),amitriptyline(insert dosage), zopiclone(insert dosage), citalopram (insert dosage), and propranolol(insert dosage).I have been referred to a psychiatrist as my current GP treatment as been ineffective in improving my condition, I am awaiting my first appointment. I feel depressed all of the time to the extent that it severely impacts my daily life. I feel anxious most of the time, my anxiety is severely increased if I have to leave the house or have any social interaction. I contemplate suicide on a regular basis and recently walked on the train tracks hoping a train would hit me. The run up to the trial, and the trial of my abuser has taken its toll on me and even though he is now in prison, I feel I have been left with my mental health in tatters.

 

I believe and I will demonstrate below that by scoring the descriptors relevant to my condition correctly that I do attain the required threshold of 15 points.

 

The Atos medical assessment I attended contained many inaccuracies:

 

The report states my journey to the assessment took 60 minutes when I in fact stated it took 30 minutes, and the journey could only be achieved by taking 3 times the prescribed dose of propranolol.

 

The report states I have suicidal thoughts every other day, when I stated I had them every day.

 

The report states that I suffer mental health symptoms every other day, when in fact I stated that I suffer the same symptoms every day.

 

The report states I bathe, but does not mention that stated that I often flood the bathroom due to poor concentration.

 

The report states that I cook safely; however, I stated at the medical that I do not cook safely, poor concentration means that I regularly burn food, causing a smoke hazard, setting my smoke alarm off and risking a fire.

 

The report states that I walk to a shop 200 yards away from the house – this is an error and the question was never asked during the assessment.

 

The report states that I use the bus to get to places, this is rarely and only to appointments, and as with the medical I need to take additional medication in order to manage this. (I have assumed this about the medication from the other things you have said, if it isn’t accurate, please amend or delete).

 

The report states that I read during the day – but what I actually said is that I have poor concentration and cannot manage to read much. If I do have to read something (a letter for example), it takes me much longer than anyone else would take. I can’t even concentrate much on the TV; I just have it on as background noise.

 

Again the report states that I have no difficulties with letters, where in fact I stated I have lots of difficulties and have received threatening letters regarding debts, because I have been unable to deal with these things myself due to depression.

 

The report states I call the Samaritans twice a week, when I said that I have emailed them a few times, I have anxiety about talking on the phone and avoid it as much as possible.

 

The report states that I completed the ESA50 without difficulty – I had considerable difficulty and could only complete small amounts at a time and it took me a very long time to complete. I have also had a lot of help in writing this submission. (Had to put this in as they may query it).

 

The report states I have not had any near misses with accidents lately but I stated that I had been nearly hit by cars on four occasions due to poor concentration and poor attention due to depression.

 

The report states that I overreact to mild provocation and criticism, which is true, but then goes on to say it does not affect daily life. I stated that I rarely see anyone and this is how I it affects my daily life; I avoid people because of this problem. When I am around people I can get aggressive, both verbally and wanting to do physical harm.

 

The report states I have no history of disruptive behaviour when in fact I was very disruptive in school and had to see an anger management counsellor every week for three years.

 

The report states that my panic attack attack symptoms, which last more than an hour each time, do not affect daily functions. This statement is illogical. Firstly, panic attacks lasting more than an hour will affect daily function of whatever you are doing at the time of the panic attack, and secondly, I take action to avoid stressful situations which seriously affects my normal daily functions. When I have a panic attack, it feels like I am going to die, it is a terrifying experience.

 

The report states that I was not anxious or sweating during the examination, when in fact I was anxious, and was sweating profusely.

 

The report states a return to work in 3 months. This is unrealistic. GP treatment has failed to improve my condition and I have now been referred to a specialist for treatment. My condition has not improved since the assessment, and psychiatric treatment is likely to take much longer than 3 months.

 

The report states that there would not be sustainable risk to my mental health if I were not found to have limited capability for work. In fact I believe the additional stress of having to look for work, or enter a working environment would cause a deterioration in my mental health such that my life would be in even more danger from risk of suicide than it is now.

 

I believe I fulfil the following descriptors:

 

Awareness of hazards © Reduced awareness of the risks of everyday hazards has led or would lead to frequent instances of or to the near-avoidance of: (i) injury to self or others; or (ii) significant damage to property or possessions, but not to such an extent that overall day to day life cannot managed whensuch incidents occur. (6 points)

 

When I start to cook I forget about it and it ends up burning and making my kitchen fill up with smoke, I only realise this is happening when my smoke alarms are going off. When I go to run a bath I forget about it and the water starts to over flow and flood my bathroom. On a few occasions over the past few months I have nearly been hit by cars due to not paying attention to the road and walking straight out without checking.

 

 

Memory or concentration ©*Frequently forgets or loses concentration to such an extent that overall day to day life can only be successfully managed with pre-planning, such as making a daily written list of all tasks forming part of daily life that are to be completed. (6 points)

 

I try each night to write a list of things to do the next day, this can vary from reminding myself to brush my teeth and take a bath for hygiene reasons, any Dr's appointments I need to attend, check if I have enough medications and if not to order some more. I forget I ever write the lists and I miss appointments and I run out of medications that will have an effect on my depression and make it worse.

 

 

Execution of tasks (b)*Takes more than twice the length of time it would take a person without any form of mental disablement, to successfully complete an everyday task with which the claimant is familiar. (15 points)

 

It takes me over 90 minutes to bath on most occasions as I just lose interest when I am in the bath and I just sit there day dreaming and forget to turn the taps off and it starts to flood over. When walking to a Dr's appointment it sometimes takes me over one hour because I walk so slow, day dreaming, it should only take 15 minutes. I find is difficult listening to my GP when he is talking to me as I just lose interest and forget what he has actually said to me, so it has to be explained over again. I struggle with letters and forms; it takes me a very long time to deal with these things. It might also be worth mentioning if it takes you longer to do things like write emails, or make a cup of tea (for instance if you boil the kettle, forget, and then have to start again), anything that takes concentration or attention to do. Also the references to day dreaming need to be deleted, as these give the wrong impression, and you probably don’t mean happy day dreaming, but it might be taken as such.

 

 

Coping with change © Cannot cope with expected changes in routine (such as an unexpected change of the timing of an appointment on the day on which it is due to occur), to the extent that overall day to day life is made significantly more difficult. (6 points)

 

My normal routine during the day I can sometimes cope with, but when I need to attend appointments that mean I have to travel in to Mansfield it makes me depressed and angry at the same time, it gets to the point where I start feeling suicidal. I don’t like travelling on the bus as I don't like crowds or the public in general, I start to have panic attacks and it makes me journey a lot longer. The part in red isn’t relevant to this descriptor, but what you might want to add is how you would cope if an appointment time was changed, or someone came to your house unexpectedly.

 

 

Getting about (d) Is frequently unable to get to a specified place with which the claimant is familiar without being accompanied by another person. (6 points)

 

I rarely go out at all as it means I need to travel on the bus and in day light, I feel safer at night and not as anxious as there are not a lot of people around. I asked ATOS for a home visit for my medical but it was refused, I requested this as no one would accompany me to the medical. I felt I had no choice to go, I had to take 3 times the prescribed dose of propanolol to try and keep my anxiety levels low for the hour or so I was out but it only helped a little bit and caused me to feel depressed. I did not want to lose my benefit so I had to go.

 

 

Coping with social situations (b) Normal activities, for example, visiting new places or engaging in social contact, are precluded for the majority of the time due to overwhelming fear or anxiety. (9 points)

 

Due to the trial (no need to mention the date as this is after the medical, though you will have to if asked at tribunal, it’s important to stress the whole run up to the trial has been very stressful – I’m assuming the run up started before the medical), most of my family don’t talk to me any more even though my step dad was found guilty of sexually abusing me when I was 6. I never go out to see my friends as most of them are at university (would you see them if they were around or is it the depression and anxiety that stops you – if it’s just because they’re at university, you won’t score points for this descriptor), I don’t go out and socialise as I don’t like being in crowds as it causes me to have panic attacks. I only leave when I really have to for appointments and medication collections.

 

 

Propriety of behaviour with other people (d) Has a strongly disproportionate reaction to minor events or to criticism, to the extent that the claimant cannot manage overall day to day life when such events or criticism occur. (9 points)

In my own company I am fine but when being with others I tend to get angry and the most simple comments just make me see red and I start being sarcastic looking for a fight and an argument, something flicks in my head and I want to go pick weapons up and do damage to people, this is why I don’t like going out, this is why I did not want to attend the medical in person. My brother stopped with me for a few weeks and even though he did nothing wrong to me I just get in this mood when I want to fight and we did and the police came out and took him out my way. I don’t do it intentionally but I can’t control it.

 

 

I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

 

I respectfully request that the tribunal award 57 points in the limited capability for work test, and allow my appeal.

 

 

Signed

 

 

 

(print name)

 

That is all perfect I am just stuck on a few things, what do you mean by this " I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition. " what do I need to do?

 

I was placed on Sertraline a few months ago, I was not on it at the start, also, my amitriytyline dose jumped from 50mg to 100MG

 

[Nystagmite]

That is all perfect I am just stuck on a few things, what do you mean by this " I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition. " what do I need to do?

 

Basically, you have to say that you believe the medical assessment to be inaccurate in places and that your mental health problems weren't assessed properly.

[leemack]

That is all perfect I am just stuck on a few things, what do you mean by this " I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition. " what do I need to do?

 

 

 

Yep, like nystagmite says, its a way of saying to tribunal that the report is rubbish, so ignore it and listen to me instead - but subtle as tribunal judges don't like being told what to do! You don't need to do anything with that, the bits afterward are making the point for you, where its pointed out what the report got wrong. Anything that's in blue - if you're happy with it just leave it in - they're additions. Anything in red, delete, if you're happy with it. Its just the bits in green that are suggestions on things to add, or explanations.

 

With the medication you have two choices:

 

1) just put down the meds you were on at the time of the assesment, and state that.

 

2) just put down the meds you're on now and state that.

 

If your dosages have increased since the medical, then its not a good idea to put both what you were on at the assesment and what you're on now, as you don't want the tribunal to get it into their heads that you've deteriorated - it confuses them, and can confuse you when they ask questions (I've seen it happen).

Edited April 12, 2011 by leemack

[Nottingham1989]

Ok, added some small information. Please edit, correct etc if you see any problems.

[honeybee13]

Hello again, this seems to be going well with Leemack's hard work.

 

I know that this is a bit ahead of the game, but are you going to print this off later and take it with you on the 14th? You don't have time to send it now, but hopefully over tomorrow, you can print it off all in black type and the same font to hand in before you see the panel. The tribunal clerk should help you with this.

 

I think you'll be OK, speak to you again once you have a document you're happy with.

 

My best, HB

[leemack]

Ok, added some small information. Please edit, correct etc if you see any problems.

 

I think you forgot to post the amended version.

[Nottingham1989]

Appeal submission of **** *******

Date of appeal - 14/4/11

National insurance number - ** 36 ** 20 A

 

 

 

I, **** ******* am appealing against the decision made on 21st July 2010 to decline the award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on 9th July 2010.I submit that the Atos medical assessment was in places inaccurate did not adequately assess my mental health condition.

 

 

I suffer with anxiety, depression and asthma. My mental health problems began 7 years ago and were caused by the effects of childhood sexual abuse. I have been unable to work since 15/3/10.My medication at the time of the medical assessment was ,amitriptyline (50MG), zopiclone(3.74MG), citalopram*(20MG), and propranolol(10mg x 3 a day).I have been referred to a psychiatrist as my current GP treatment as been ineffective in improving my condition, I am awaiting my first appointment. I feel depressed all of the time to the extent that it severely impacts my daily life. I feel anxious most of the time, my anxiety is severely increased if I have to leave the house or have any social interaction. I contemplate suicide on a regular basis and recently walked on the train tracks hoping a train would hit me. The trial of my abuser has taken its toll on me and even though he is now in prison, I feel have been left with my mental health in tatters.*

 

 

The Atos medical assessment I attended contained many inaccuracies:

 

The report states my journey to the assessment took 60 minutes when I in fact stated it took 30 minutes, and the journey could only be achieved by taking 3 times the prescribed dose of propranolol.*

 

The report states I have suicidal thoughts every other day, when I stated I had them every day.

 

The report states that I suffer mental health symptoms every other day, when in fact I stated that I suffer the same symptoms every day.

 

The report states I bathe, but does not mention that stated that I often flood the bathroom due to poor concentration.

 

The report states that I cook safely; however, I stated at the medical that I do not cook safely, poor concentration means that I regularly burn food, causing a smoke hazard, setting my smoke alarm off and risking a fire.

 

The report states that I walk to a shop 200 yards away from the house – this is an error and the question was never asked during the assessment.

 

The report states that I use the bus to get to places, this is rarely and only to appointments, and as with the medical I need to take additional medication in order to manage this.

 

The report states that I read during the day – but what I actually said is that I have poor concentration and cannot manage to read much. If I do have to read something (a letter for example), it takes me much longer than anyone else would take. I can’t even concentrate much on the TV; I just have it on as background noise.

 

Again the report states that I have no difficulties with letters, where in fact I stated I have lots of difficulties and have received threatening letters regarding debts, because I have been unable to deal with these things myself due to depression.

 

The report states I call the Samaritans twice a week, when I said that I have emailed them a few times, I have anxiety about talking on the phone and avoid it as much as possible.

 

The report states that I completed the ESA50 without difficulty – I had considerable difficulty and could only complete small amounts at a time and it took me a very long time to complete. I have also had a lot of help in writing this submission.

 

The report states I have not had any near misses with accidents lately but I stated that I had been nearly hit by cars on four occasions due to poor concentration and poor attention due to depression.

 

The report states that I overreact to mild provocation and criticism, which is true, but then goes on to say it does not affect daily life. I stated that I rarely see anyone and this is how I it affects my daily life; I avoid people because of this problem. When I am around people I can get aggressive, both verbally and wanting to do physical harm.

 

The report states I have no history of disruptive behaviour when in fact I was very disruptive in school and had to see an anger management counsellor every week for three years.

 

The report states that my panic attack attack symptoms, which last more than an hour each time, do not affect daily functions. This statement is illogical. Firstly, panic attacks lasting more than an hour will affect daily function of whatever you are doing at the time of the panic attack, and secondly, I take action to avoid stressful situations which seriously affects my normal daily functions. When I have a panic attack, it feels like I am going to die, it is a terrifying experience.

 

The report states that I was not anxious or sweating during the examination, when in fact I was anxious, and was sweating profusely.

 

The report states a return to work in 3 months. This is unrealistic. GP treatment has failed to improve my condition and I have now been referred to a specialist for treatment. My condition has not improved since the assessment, and psychiatric treatment is likely to take much longer than 3 months.

 

The report states that there would not be sustainable risk to my mental health if I were not found to have limited capability for work. In fact I believe the additional stress of having to look for work, or enter a working environment would cause a deterioration in my mental health such that my life would be in even more danger from risk of suicide than it is now.

 

I believe I fulfil the following descriptors:

 

Awareness of hazards © Reduced awareness of the risks of everyday hazards has led or would lead to frequent instances of or to the near-avoidance of: (i) injury to self or others; or (ii) significant damage to property or possessions, but not to such an extent that overall day to day life cannot managed when such incidents occur. (6 points)

 

When I start to cook I forget about it and it ends up burning and making my kitchen fill up with smoke, I only realise this is happening when my smoke alarms are going off. When I go to run a bath I forget about it and the water starts to over flow and flood my bathroom. On a few occasions I have nearly been hit by cars due to not paying attention to the road and walking straight out without checking.

 

 

Memory or concentration ©*Frequently forgets or loses concentration to such an extent that overall day to day life can only be successfully managed with pre-planning, such as making a daily written list of all tasks forming part of daily life that are to be completed. (6 points)

 

I try each night to write a list of things to do the next day, this can vary from reminding myself to brush my teeth and take a bath for hygiene reasons, any Dr's appointments I need to attend, check if I have enough medications and if not to order some more. I forget I ever write the lists and I miss appointments and I run out of medications that will have an effect on my depression and make it worse.

 

 

Execution of tasks (b)*Takes more than twice the length of time it would take a person without any form of mental disablement, to successfully complete an everyday task with which the claimant is familiar. (15 points)

 

It takes me over 90 minutes to bath on most occasions as I just lose interest when I am in the bath and I just sit there and forget to turn the taps off and it starts to flood over. When walking to a Dr's appointment it sometimes takes me over one hour because I walk so slow, it should only take 15 minutes. I find is difficult listening to my GP when he is talking to me as I just lose interest and forget what he has actually said to me, so it has to be explained over again. I struggle with letters and forms; it takes me a very long time to deal with these things. When I want to make a hot drink I boil the kettle but I forget and I then have to reboil it. When making toast, I turn the toaster on and I forget it and I have to start the whole process again.

 

Coping with change © Cannot cope with expected changes in routine (such as an unexpected change of the timing of an appointment on the day on which it is due to occur), to the extent that overall day to day life is made significantly more difficult. (6 points)

 

My normal routine during the day I can sometimes cope with, but when I need to attend appointments that mean I have to travel in to Mansfield it makes me depressed and angry at the same time, it gets to the point where I start feeling suicidal. If an appointment was changed it would put me in a depressed and angry mood, if someone was to come to my house unexpected I will get angry because I was not told.

 

 

Getting about (d) Is frequently unable to get to a specified place with which the claimant is familiar without being accompanied by another person. (6 points)

 

I rarely go out at all as it means I need to travel on the bus and in day light, I feel safer at night and not as anxious as there are not a lot of people around. I asked ATOS for a home visit for my medical but it was refused, I requested this as no one would accompany me to the medical. I felt I had no choice to go, I had to take 3 times the prescribed dose of propanolol to try and keep my anxiety levels low for the hour or so I was out but it only helped a little bit and caused me to feel depressed. I did not want to lose my benefit so I had to go.

 

 

Coping with social situations (b) Normal activities, for example, visiting new places or engaging in social contact, are precluded for the majority of the time due to overwhelming fear or anxiety. (9 points)

 

Due to the trial most of my family don’t talk to me any more even though my step dad was found guilty of sexually abusing me when I was 6. I never go out to see my friends. My depression and anxiety stops me from doing it. I don’t go out and socialise as I don’t like being in crowds as it causes me to have panic attacks. I only leave when I really have to for appointments and medication collections.

 

 

Propriety of behaviour with other people (d) Has a strongly disproportionate reaction to minor events or to criticism, to the extent that the claimant cannot manage overall day to day life when such events or criticism occur. (9 points)

 

In my own company I am fine but when being with others I tend to get angry and the most simple comments just make me see red and I start being sarcastic looking for a fight and an argument, something flicks in my head and I want to go pick weapons up and do damage to people, this is why I don’t like going out, this is why I did not want to attend the medical in person. My brother stopped with me for a few weeks and even though he did nothing wrong to me I just get in this mood when I want to fight and we did and the police came out and took him out my way. I don’t do it intentionally but I can’t control it.

 

 

I respectfully request that the tribunal award 57 points in the limited capability for work test, and allow my appeal.

 

 

Signed

 

 

 

(print name)

[Nottingham1989]

Who do I hand this letter to when I go in?

[honeybee13]

Hi Nottingham. My sticky has a description of how the tribunal went, plus Bookworm's. I would say you need to hand the document to the clerk to the tribunal, unless someone has other ideas.

 

My best, HB

[Nottingham1989]

Hi Nottingham. My sticky has a description of how the tribunal went, plus Bookworm's. I would say you need to hand the document to the clerk to the tribunal, unless someone has other ideas.

 

My best, HB

 

I will take a look at it now, will I still be grilled at the tribunal? I cant go through that again, I was grilled for 4 hours a day for 3 days by three defence barristers.

[honeybee13]

I will take a look at it now, will I still be grilled at the tribunal? I cant go through that again, I was grilled for 4 hours a day for 3 days by three defence barristers.

 

My one wasn't like that. It lasted under an hour, can't remember exactly, and it wasn't Perry Mason style or like a courtroom. If you don't remember Perry Mason because you're young , it wasn't like Crown Court or Silk either. My tribunal had a chairman and 2 other people and it was civilised.

 

My best, HB

[Nottingham1989]

Hi Nottingham. My sticky has a description of how the tribunal went, plus Bookworm's. I would say you need to hand the document to the clerk to the tribunal, unless someone has other ideas.

 

My best, HB

 

Do you think I stand a good chance being put on ESA?

[honeybee13]

Do you think I stand a good chance being put on ESA?

 

Hello there. Listen, I have first hand experience of one case, my own, I am only a humble cagger like yourself. And then a few caggers who've used the template and won. Leemack has identified a lot of points you should have earned for all your problems and if there's any justice in the world, the tribunal will see it your way. But no-one can predict, I wish I could.

 

We just need to prepare you slowly but surely tomorrow so you can go and tell them like it is on Thursday, once you've handed in your document.

 

HB x