ESA Tribunal Hearing Anxiety ***WON***

[Nottingham1989]

I guess we will have to wait and see.

 

I see people who have more problems than I do being turned down I feel sorry for them.

[honeybee13]

I guess we will have to wait and see.

 

I see people who have more problems than I do being turned down I feel sorry for them.

 

I know. Stay strong, you can do this. HB x

[leemack]

Hi Nottingham, it all looks ok, I've just put some editing in, italics, bold, spacing etc, to make it a bit more readable, and not just flat text. Hope that's ok. Choose a good size font like arial 12, as you don't want the tribunal to have to strain to read small print. And of course fill in the last bits - name at top and bottom and NI number. Check the editing transfers to your word document (or whatever you use), and in one paragraph is the word interest which seems to transfer weirdly. I've also changed the bit about the trial of your abuser to include leading up to - as I'm sure that was traumatic too, and as the trial was after your medical, it's important for the tribunal to understand there would have been significant additional stress for a long time in advance of trial. If you prefer it the other way - that's ok, just go with what you happiest with.

 

 

 

 

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 ordeal leading up to and 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 report of 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 submit that 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)

Edited April 12, 2011 by leemack

[leemack]

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

 

When you arrive at the tribunal service, a clerk will come to talk to you to explain the process, and you can give any doctor's evidence and the submission then.

[Nystagmite]

With regards to the journey to the assessment, it may be relevant to explain any problems you had - ie, panic attacks.

[leemack]

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.

 

Its pretty informal, you sit a big desk with a judge in plain clothes and a doctor, and sometimes one other person. The judge will introduce themselves and the other members and explain what's going on. They will then ask you questions, mostly about your condition, your daily life, basically trying to get an idea how your illness affects you in relation to the descriptors. Then you get a chance at the end to add anything you want to. They don't have a bias and are just looking to apply the law appropriately to your case. As you don't have a lot of medical evidence, it will be down to who they believe more - you or the atos medical. You've done everything you can to tear down the atos report in writing, so when you get into the tribunal, you just need to present yourself, as you are on any other day. Don't be worried about showing emotion, or asking for a short break if you need it. If it gets too much, or if they need more medical evidence, they do have the option of adjourning to a later date.

 

There's no way of predicting how it will go. I've had clients who had what I though was a great case on paper, but they were inconsistent or talked themselves out of the benefit in the tribunal. I've also seen people with weak cases win. DLA, ESA and Incap appeals are very unpredictable. Just do your best, have a read of the esa medicals sticky, from about half way down where it says 'take someone with you to the medical' - from this point on, some of it is also relevant to appeals, paticularly the bit about assumptions from the answers you give, the difference being that the tribunal give you chance to answer and say your piece ( link to sticky below), as you need to take a similar approach to answering the questions - so for instance if you say you don't see friends because they're at university, then they'll assume that you would see them otherwise - even if you probably wouldn't see them very much due to the depression.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

If you have any more questions then we'll be around tomorrow.

[leemack]

With regards to the journey to the assessment, it may be relevant to explain any problems you had - ie, panic attacks.

 

Yes, this is the same as in the medicals sticky. The question about 'how did you get here today' can be an opportunity to get across lots of information - for instance that you had to get a lift to avoid the added stress of a bus journey, or if there's no choice but the bus, how you coped, and how the person with you helped you. How scared you are as you haven't been able to leave the house in weeks etc etc, any information that might be relevant to the descriptors. For 'do you do your own shopping' a person can get accross a lot of information, like they don't go out alone, or only go late at night when its quiet, but otherwise don't leave the house, or that they need someone to go with them shopping, or that they sometimes go hungry if they've had too many bad days in a row to be able to go out for food, and there's no one to help.

 

Every question can be an opportunity to get information across that's relevant to the descriptors - though easier said than done when you're feeling so stressed.

[Nottingham1989]

If they ask who helped me write the submission what do I say?

Edited April 13, 2011 by Nottingham1989
spelling errors

[Nystagmite]

Yes, this is the same as in the medicals sticky. The question about 'how did you get here today' can be an opportunity to get across lots of information - for instance that you had to get a lift to avoid the added stress of a bus journey, or if there's no choice but the bus, how you coped, and how the person with you helped you.

 

I had a DLA tribunal last year and got asked how I'd got there. (they saw me come in on my own) To which I replied "well, I caught the wrong tube, changed with no problems (I had to change tube lines) and got lost again after coming out of the station."

[leemack]

I had a DLA tribunal last year and got asked how I'd got there. (they saw me come in on my own) To which I replied "well, I caught the wrong tube, changed with no problems (I had to change tube lines) and got lost again after coming out of the station."

 

Sounds like you answered that question well, I've seen too many people who would just have said 'I got the tube'.

[honeybee13]

What about the question of who helped with the submission, Leemack? I didn't like to answer for you. Sorry to nag .

 

HB x

[leemack]

If they ask who helped me write the submission what do I say?

 

You could say you got help from people on a benefits website, or if you're worried they'll think you still wrote the submission alone, then say you had help from a welfare rights adviser to write it - this is true, as I am one, though off sick at the moment.

[Life-Goes-On]

Also important is to know about the questions they may ask.

 

EG cooking, Are you able to cook your own meals? If all you can do is put a TV dinner in the dinger, then the answer is "no"

[Nottingham1989]

Right, just a couple more questions but first of all here is the set of documents I have. I have purchased a display folder to put them all in, let me know if any are useless etc ;

 

1. Letter from police confirming I am still being intimidated after the trial

2. Support letter from MP

3. Letter from counselling service explaining my first assessment

4. Two letters from the criminal justice system, one asking me to attend and the other thanking me for attending

5. Referral form to the mental health team from my GP

6. Original referral form to the counselling services

7. Invoice from GP surgery for medical records

8. letter from counselling service saying I am suitable for therapy

9. Submission Letter

10. Medical Records (Notes from all my appointments)

 

I don’t know if I should put the submission letter in to the folder or in to a separate envelope.

 

When they ask me about eating, since I burn food when I am cooking, how do I tell them how I do actually eat. I try and stick with cereals all the time as they take minutes to prepare.

[leemack]

Hi Nottingham, I've put below in red my comments

 

 

Right, just a couple more questions but first of all here is the set of documents I have. I have purchased a display folder to put them all in, let me know if any are useless etc ;

 

1. Letter from police confirming I am still being intimidated after the trial - Not a good idea as it draws attention to dates after your medical assessment, and does not have relevance.

2. Support letter from MP - You can include it if you like, but it's not particularly relevant, and be careful there's nothing on it inconsistent with the submission.

3. Letter from counselling service explaining my first assessment - This is good as long as it confirms poor mental health.

4. Two letters from the criminal justice system, one asking me to attend and the other thanking me for attending - Not relevant

5. Referral form to the mental health team from my GP - Yes, include this.

6. Original referral form to the counselling services - Yes include this

7. Invoice from GP surgery for medical records - Not relevant

8. letter from counselling service saying I am suitable for therapy - Only relevant if it contains info regarding mental health status

9. Submission Letter - Yes!

10. Medical Records (Notes from all my appointments) - Yes, definately include this.

 

I don’t know if I should put the submission letter in to the folder or in to a separate envelope. Put it in the folder on top of the medical records with anything else underneath.

 

When they ask me about eating, since I burn food when I am cooking, how do I tell them how I do actually eat. I try and stick with cereals all the time as they take minutes to prepare. You say you've recently been sticking to things you don't have to cook, because you're worried about the danger of cooking in your condition, its also important to point out if you have any appetite problems due to depression (some eat more, some eat less), its not relevant to the descriptors but helps to give an overall picture of how you are.

[honeybee13]

Hi Nottingham. It's starting to sound really good, you're doing well. If we don't speak again today, I'll be thinking of you tomorrow and wish you luck. Don't try to sound too competent, they need to see that you find real life a struggle.

 

Please let us know how it goes. HB x

[Nottingham1989]

I am ready to rock n roll tomorrow. My folder is in order, transport is set up, I am still nervous but we'll see how it goes. Thank you to Leemack for all the help and HunnyBee. When I get back tomorrow I will come and tell you all what happened etc.

 

All the help is gratefully appreciated, I would not know what to do without you.

[honeybee13]

You're very welcome. Leemack did most of the work of course, and brilliantly.

 

Knock 'em dead, Nottingham. We're behind you.

 

HB x

[leemack]

Good luck, Nottingham, I'll be thinking about you!

[Nottingham1989]

Hello Everyone,

 

After a sleepless night I was on my way with my uncle and I received a phone call from the tribunal centre in Chesterfield telling me they are going to postpone the hearing. I asked for it to be postponed weeks ago and the Birmingham centre denied it. I am rather angry as doing this all over again is going to make me worse.

 

On the bright side it gives me more chance getting more documents send to them.

 

sighs

[leemack]

Its frustrating, but you're right to look on the bright side - its likely that the tribunal looked at your documents and decided they might have to adjourn for more evidence anyway - so get onto your doc and try to get something in writing that relates to the descriptors.

[whitecraig_wizard]

May I suggest that you remind them that all these problems occur even though you are already on medication, ask your chemist what side effects your medication has, does it for example make you drowsy and forgetful ? If you can phone and ask they are normally very helpful, if not you can check online for the side effects.

 

Sorry to ask this but have you ever felt the urge to be violent towards anyone, it would be understandable under your circumstances. I think that can 15 points.

 

Good luck, both HB and LM are really helpful people who can support and help you.

[Nottingham1989]

I got in to a violent mood when my brother was staying with me, as I said a few pages ago the police had to be called and neither of us called them. I have been in violent fights since I was 15 +

 

Its not just the court case why I am like this, it's by having an evil man as a step dad bullying me and physically beating the living day lights out of me since I was 3 to 13

 

I will research in to my meds I am currently on

 

50mg Sertaline

100MG Amitryptline - takes a long time to wake up from this and become with it? makes you tired, drowsy, etc takes at least an hour

160mg Propranolol

 

Diazapam when my stress levels rocket.

 

If any one knows anything about these let me know.

[Nystagmite]

The side effects are only relevant if they affect you. It's no point telling them that one of the side effects is something that you don't experience.

[Nottingham1989]

Give me 20 minutes and I will re search them and get back you. I will highlight the side affects that effect me.