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    • Hi,   My friend was being bullied by a manager who kept saying that anonymous people were complaining about her, she is asian and the minority where she works, she raised concerns in her meeting that she felt it had something to do with her race and gets treated differently to the rest of her colleagues due to off the cuff comments previously made and was told by her manager that as a minority she has to prove herself more as a minority in life and thats unfortunately the way it is. Following on from this they’re were more anonymous complaints all revolving around her attitude when speaking to the anonymous individual(s), she then had a meeting with hr initiated by her managwe and expressed her concerns, no outcome was given as the hr person said it was informal and a week later she has been told that she is being made redundant, my question is there were no specific incidents mentioned and my friend is still confused exactly how this came about but suspects it’s her manager who has taken a disliking to her, is this lawful?
    • Thanks for advice . I have spoken to the ICO , and their opinion is that there “may “ be cause for complaint . In the first instance I should write to the hospital (CEO)citing GDPR, giving them 30 days to respond . If the response is not to my satisfaction , then back to the ICO to raise a formal complaint . The ICO also suggested copying in the GMC with the complaint , I feel at present that is one step too far , perhaps I will sit on that until I get a reply from the hospital.
    • Thanks ethel and stu007   Yes, we had the kerb double dropped so me and my partner can park off the road. Before , just had one, and idiot would park in middle of properties so couldn't fit two cars on road outside. Has been issued a good 3 or 4 PCNs for obstructing since done. Its the back of the car, sometimes as far as a wheel but has a long boot/bumper which hangs over, so its not fully over. Recently seems to be as far as can without getting a ticket.   CCTV - shall read up thanks. Oh also, when I say 5 CCTV, that is 4 on property (100% out of boundary) and 1 in car which is lit up all night.   Does this count as harassment? The initial start of this thread, about 6 threatening letters asking me to pay for vehicle damage or court (nothing came of this) The constant parking annoyance (going on a couple of years) The loud music, witnessed by Env heath officer but not quite loud enough for notice, so letters sent. Paint 'accidentally' spilled on road outside my property (because was parked over our drive at time) Letters about rubbish outside my own garage at rear of properties and the 4 screws attaching bamboo to his fence. Then reported me for fly tipping, didnt go anywhere as officer agreed wasn't causing an issue. I have since sorted the screws and bamboo and idiots fence is literally falling apart. Concreting over 1/4 of my grass in rear lane whilst doing own part. Stupid things like having a BBQ and the parasol sticking way over the fence into my garden. All very subtle and annoying things to cause issues, without quite breaking the law.   The council are aware and claim powerless as own properties and the police pretty much are not interested.   What can be done?    Cheers   E!              
    • Hi, any thoughts on this would be greatful, will send tomorrow i think.. letter_15th_oct.pdf
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badback2

Need help filling out esa50 for mentally ill sister by 20 nov

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I will attempt to be as brief as possible. I am sure a number of my queries have been answered previously, but if somebody could kindly guide me to other links etc it would be greatly appreciated. I will happily post (albeit with peronal info deleted) the final version of my/our submission once completed.

 

 

In a nutshell my sister is based in the South and has been on IB since 2007 and is now to be transferred to ESA, if she passes tests etc. She is clinically depressed and on bad days stays at home and in bed all day. She is on medication , but because she does not threaten to commit suicide or is addicted to drugs his local mental health service have essentially abandoned hier My folks get her shoppiing and take her meals. Other than that she is a virtual recluse and does not bother washing or dressing. She (and I) have read posts on here and other sites re ATOS etc and my sis has convinced herself just to give in as she is certain that she will score zero points and will not be taken seriously. Further as she has substantial savings ,she's on contribution based IB and thus even if she is transferred she will only obtained a max of 12 months entitlement.

 

I want to help and can fill out her ESA50 and get an advocate to attend an ATOS medical.

 

I have following queries :

 

1) I get the impression that i will have to overstate or even overly emphasise her disability. I intend to simply focus on her worst/ bad days, as ref to a good day may be misinterpreted. Does that sound sensible or fraudulent !?

 

2) The two main sections which apply to her on the ESA50 are Sn 13 and 17. Re Sn 13 at worst she does nothing all day, and has even been known to stay in bed all day. She does grab a bit of food , takes some, if not all, her medication , and makes a cup of tea. Would that be considered adequate to conduct 2 personal actions as per Sn13 decriptors? Re Sn 17 as a recluse she does not come into contact with other people regularly , but when she does she can behave in a disinhibited manner. For example in past 2-3 years she was arrested for a public order offence , for which she has medical reports confirming disinhibited behaviour ; she went to solicitor's premise and threw all her files out of the window....and was thrown out of a former golf club ( she doesn't play anymore) for violence towards staff. She also left hierlast job due to her mental disorder and disinhibited behaviour. If described adequately could this warrant a score of 15 points alone?

 

Does she need to obtain another medical report from her GP - problem here is that she never really opens up to scale of her problem to GP, who is more concerned about physical problems....hypertension and insulin diabetes. Will it be a disaster if she does not obtain a detailed report from her GP, which will doubtless be caveated anyhow. I sense i can better describe her ailments as per ESA50 descriptors.

 

How long is typical timeframe between receipt of ESA50 and date of ATOS medical ? Is this timeframe extended if a request is made on ESA50 for assessment to be taped ?

 

I have seen numerous guidance docs on how to fill out Part2 of the ESA50. Anybody know which is most apt for clinical depression suffererers. There's a forum who charge 9.95 pounds to download ESA guide packs - are they really any better than pro bono

advice avialble on internet and via this most helpful forum ?

 

I will attempt to be as brief as possible. I am sure a number of my queries have been answered previously, but if somebody could kindly guide me to other links etc it would be greatly appreciated. I will happily post (albeit with peronal info deleted) the final version of my/our submission once completed.

 

In a nutshell my sister is based in the South and has been on IB since 2007 and is now to be transferred to ESA, if she passes tests etc. She is clinically depressed and on bad days stays at home and in bed all day. She is on medication , but because she does not threaten to commit suicide or is addicted to drugs his local mental health service have essentially abandoned hier My folks get her shoppiing and take her meals. Other than that she is a virtual recluse and does not bother washing or dressing. She (and I) have read posts on here and other sites re ATOS etc and my sis has convinced herself just to give in as she is certain that she will score zero points and will not be taken seriously. Further as she has substantial savings ,she's on contribution based IB and thus even if she is transferred she will only obtained a max of 12 months entitlement.

 

I want to help and can fill out her ESA50 and get an advocate to attend an ATOS medical.

 

I have following queries :

 

1) I get the impression that i will have to overstate or even overly emphasise her disability. I intend to simply focus on her worst/ bad days, as ref to a good day may be misinterpreted. Does that sound sensible or fraudulent !?

 

2) The two main sections which apply to her on the ESA50 are Sn 13 and 17. Re Sn 13 at worst she does nothing all day, and has even been known to stay in bed all day. She does grab a bit of food , takes some, if not all, her medication , and makes a cup of tea. Would that be considered adequate to conduct 2 personal actions as per Sn13 decriptors? Re Sn 17 as a recluse she does not come into contact with other people regularly , but when she does she can behave in a disinhibited manner. For example in past 2-3 years she was arrested for a public order offence , for which she has medical reports confirming disinhibited behaviour ; she went to solicitor's premise and threw all her files out of the window....and was thrown out of a former golf club ( she doesn't play anymore) for violence towards staff. She also left hierlast job due to her mental disorder and disinhibited behaviour. If described adequately could this warrant a score of 15 points alone?

 

Does she need to obtain another medical report from her GP - problem here is that she never really opens up to scale of her problem to GP, who is more concerned about physical problems....hypertension and insulin diabetes. Will it be a disaster if she does not obtain a detailed report from her GP, which will doubtless be caveated anyhow. I sense i can better describe her ailments as per ESA50 descriptors.

 

How long is typical timeframe between receipt of ESA50 and date of ATOS medical ? Is this timeframe extended if a request is made on ESA50 for assessment to be taped ?

 

I have seen numerous guidance docs on how to fill out Part2 of the ESA50. Anybody know which is most apt for clinical depression suffererers. There's a forum who charge 9.95 pounds to download ESA guide packs - are they really any better than pro bono

advice avialble on internet and via this most helpful forum ?

 

Finally, I refer to SN10 - physical symptoms . My sister occasionally has a loss of consciousness due to either hypoglycaemia and /or hypotension (eg a low blood pressure when she gets off the sofa). This may well score high points, but she is paranoid that ATOS/ DWP will reveal such info to the DVLA and this may result in her driving licence being revoked.

 

Also do any members have examples of what specific questions were asked by an ATOS assessor at a medical , specifically in respect of Sn 13 and 17 and/or Part 2 of the ESA50 in particular.

 

Any feedback on above would be greatly welcomed.

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1) I get the impression that i will have to overstate or even overly emphasise her disability. I intend to simply focus on her worst/ bad days, as ref to a good day may be misinterpreted. Does that sound sensible or fraudulent !?

 

This is fraudulent. But you are allowed to write how bad days are for your sister. But don't fill in the form just on bad days.

 

How long is typical timeframe between receipt of ESA50 and date of ATOS medical ?

 

There's no definitive answer. I'm 3 months and waiting.

 

Is there nothing on Mind about how to fill the form in?

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Have a look at this attachment

 

And these are the descriptors you need to meet

 

http://www.dls.org.uk/advice/factsheet/welfare_benefits/employment%20support%20allowance/Employment%20Support%20Allowance%20-After%2028th%20March%202011.pdf

 

Get as much evidence as the can about the way that the person's medical problems affect their daily life such as can they perform a sequence of activities. I won my appeal by explaining that I could not communicate with my own family due to my depression.

 

Ensure that the form is completed by someone on behalf of the claimant as ATOS believe you are sane if you fill it in yourself

Edited by coledog

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Hi

 

Have added it as an attachment - can you see it now?


At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Yes, got it now thanks. Seen that link before ...it is good.

 

Do you or any other member know if the ESA guide prepared for this forum by leemack has ever been completed to include ref to Part2 of the ESA...Mental Health !?

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Hello there. Leemack had to put the mental health part of the guide on hold due to her own health problems. But the guys seem to have given you some good pointers. My best, HB


Illegitimi non carborundum

 

 

 

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Is your sister's diagnosis depression? Because what you've described sounds a lot like bipolar disorder - has this ever been considered for her?


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Is your sister's diagnosis depression? Because what you've described sounds a lot like bipolar disorder - has this ever been considered for her?
....,you are correct, but her low mood days are now virtually a contunium

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....,you are correct, but her low mood days are now virtually a contunium

 

sounds like she's getting terrible psychiatric care, poor thing.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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sounds like she's getting terrible psychiatric care, poor thing.
,,,,true, but it's a resource problem. In order to help her i'd appreciate some more specific answers to queries raised in OP

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,,,,true, but it's a resource problem. In order to help her i'd appreciate some more specific answers to queries raised in OP

 

I can't see straight right now, and am in some pain. But I'll try to come back tomorrow afternoon to see if I can answer some things.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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OK, re 13, you say your sister stays in bed all day, does she wash, shower, dress? Does she just stay in bed for the majority of the time? If you said to her, 'today I want you to wash and get dressed' would she do it, always, occasionally, or never? Would she get dressed and washed without being told or only when badgered to it or assisted/monitored in completing the tasks? - these are the sorts of things you need to consider when answering this question.

 

14, I would expect this to apply to most people with depression - coping with change tends to be pretty difficult. How does your sister deal with change? can she deal with any change to her normal routine (staying in bed)? Does she have any routines that she has to do that can't get changed without causing significant distress? What if you tell her something is scheduled in advance, will she deal with it and attend? Or can she she not even manage planned appointments? What if you changed the time of a planned appointment - how would she react?

 

15 How is she with going places with which she is unfamilar - could she get there without accompanying? Would she be able to ask for directions while she is out? Is she not able to go out at all anymore even to places that are familiar, without someone with her - ie does she have any level of anxiety about being out.

 

16 Does she have social interaction with anyone? Is it just family, or is the interaction that family has just in a caretaking role, with her not interacting much. Does she ever see friends? Do they come to her or does she go out? If faced with someone coming round unexpectedly for a friednly chat, what would her reaction be? Does she have difficulties talking to or relating to other people? Does she join in conversations? Does she experience distress when she has to around other people?

 

17 When was her last few episodes of disinhibited behaviour? was this likely to be realted to a manic phase in her condition? What were the repercussions of the episode? How often does she have manic episodes and become disinhibited?

 

Also in extra information, write if being found fit for work would would cause her consition to worsen - ie could she become suicidal or manic or have to be hospitalised?

How does she currenty manage her affairs (ie bills, food shopping, preparing food) does this need to be done by others? If so mention this.

 

Regarding worst days, its best to be honest and indicate how often she can and can't do things. For instance - 'on average, stays in bed 4 days a week and does nothing, needs food bringing to her or she won't even eat. On two days a week gets up and will feed herself but doesn't get washed or dressed. On one day a week will get washed and dressed, with once a month actually leaving the house' (obviously just an example).

 

whether or not she mentions her losses of conciousness, the DVLA should be made aware of it, by law, and by not telling them her car insurance is also probably affected.

 

Hope this helps, come back to me with any questions.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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