Jump to content


  • Tweets

  • Posts

    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

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


badback2
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4181 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Please support CAG and they will support you.

donate

Link to post
Share on other sites

,,,,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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...