Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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 4175 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...