Need some advise ESA appeal in few days

[chrisw3290]

I be doing this tomorrow and I print off and post before my doctors appoitment

[chrisw3290]

Anyone know how I can get a rep to cum with me to the truibinal

[Nystagmite]

Have you spoke to CAB?

[chrisw3290]

Hi i donr the report thing but want you to check it before i send it off to sutton Date and NL Number Hidden

 

IntroductionI, Chrisw am appealing against the decision made in 2011 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.

 

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.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.

 

On the physical part of ESA I told the doctor at atos that I suffer from scoliosis and suffer low chronic back pain as a result I’m on medication for this.

 

When I Walk I get lower chronic back pain in my spine I sometimes get pain at the top of my neck.In my Physical Terms I should have been awarded 18 points

 

Mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion. (6) – This is due to my scoliosis which causes low chronic back pain. When I walk I always have to stop to rest for about 5 to 10 seconds before starting to rewalk.

 

Sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. (6) - This is due to my scoliosis which causes low chronic back pain when I sit I always have to move or readjust or get up to avoid some significant discomfort

 

Has some difficulty conveying a simple message to strangers. – Due to my social anxiety I find it very hard to ask for directions or any thing from a person I do not know and I tend to talk very quite or my voice goes On my mental heath terms I should have been awarded 12 points

 

Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. (6) – This due to my social anxiety in social situations I find it very hard to communicate and have difficulty relating to others

 

Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. (6) – If something in the day changes I tend to get very stressed or if something has happened that can upset me I can get suicidal thoughts but theses tend to go after about a hour. As in my report to the doctors I have felt thoughts of suicide .

 

Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. (6) – If I go to a area which I’m unfamiliar with I tend to get stressed out as if I get lost I fell very nervous to ask people for directions and I find it hard to communicate with people I don’t know. That’s way if I go to a place I don’t know I always take a family member or friend if I can to help me get around

 

In Overall I should have been awarded with 36 points which I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

Edited January 29, 2013 by honeybee13
Name removed for confidentiality and spacing added.

[honeybee13]

Hello again.

 

I've taken your full name off your submission, just in case. I think you've done well so far, good for you.

 

I've only ever submitted one of these and it was a while back, so I hope others here will comment for you. I would say you could expand on the effects that your physical symptoms have on you which prevent you from working/leading a normal life.

 

I'll put some paragraphs in for you here, but please make sure that the version you send in has some spaces in it rather than being a block of text. You want to make it easy for the panel to see your case and help you.

 

HB

[citizenB]

I have put some spacing into your post to make it easier for others to read

[chrisw3290]

Thanks i tried that but when i pressed enter and spreated it it kept going back together

[honeybee13]

I think I may have done that too, CB.

[citizenB]

Thanks i tried that but when i pressed enter and spreated it it kept going back together

 

This is something being experienced by others as well - very frustrating You have up to 24 hours to edit a post so if this happens again, what you can do is to go back into the post and add more than one carriage return in order to get the spacing.

[chrisw3290]

STATEMENT ABOUT MY LIFEI was advised to put a statement in to get help for my AppealThe reason why I’m appealing this is because the conditions I have which are scoliosis which includes Neurofibtomotus, Pectus cartimum which is a rib or chest bone which sticks out of my chest. This also includes my mental heath which is depression, anxiety. my mental heath affects me quite a lot I tend to avoid people I don’t know as I think they going to judge me, say something bad about me or even try to hurt me and in social situations even with friends and family I tend to shy away and try not to get notice. I find it very stressful if I’m in a area which is crowded or wheres theres to many people. When I’m in this situlation I fell which is very intense I tend to get very sweaty, nervos and try to get not get notice by sitting down and not saying anything its like a blank stare. With my depression this is from my teenage years which I’m currently on the waiting list for counselling and CBT. I have also been referred to neurology assessment for my mental heath by my doctor who thinks I may have Borderline personality issues or it could be a result of my neurofibtomotus In terms of my physical heath I have serve scolosis which does cause me a lot of trouble. When I walk I’m always stopping every couple of minutes as of the serve discomfort I get in my spine, shoulder blades and sometimes neck. When I carry a small amount of shopping I have to keep putting the bag down and rest for about 10 – 15 seconds. The pain is worse when I carry stuff as I get pain all over till I put the bag down and rest for a little bit. In terms of movement I have various problems of movement sometimes I can fell very stiff and when I sit down I’m always moving or sitting awkwardly to avoid pain in my back.I’m currently taking 4 – 5 Painkillers which are 500MG parcetmol and 15MG codipar and 20MG citoprame which is a aintidepressant

[citizenB]

I think I may have done that too, CB.

 

I wondered what was happening.. I think your spacing is much more organised and probably in the right places as well !!

[chrisw3290]

is this suttons e-mail address [email protected]

[chrisw3290]

I have serval letters all together letters which say about my terms of movement, walking and other medical advise and conditions i have. the CAB and law centre said they should be ok

[chrisw3290]

I'm hoping the document I have supplied is ok for purpose. I think I did do a ok job on it just mainly copy and paste

[estellyn]

Hi Chris, here are my thoughts in red, as I feel there is more that could be added. See what you think.

 

Hi i donr the report thing but want you to check it before i send it off to sutton Date and NL Number Hidden

 

IntroductionI, Chrisw am appealing against the decision made in 2011 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.

 

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. Can you add any detail to the things you think were wrong on the WCA - for instance did they state you could do things which you can't do? Did they misrepresent anything you said? Was anything on the report just plain wrong? You need to cast doubt on the WCA you went through by pointing out their specific errors.

 

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.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.

 

On the physical part of ESA I told the doctor at atos that I suffer from scoliosis and suffer low chronic back pain as a result I’m on medication for this. You need to mention all your physical problems - for instance another post mentioned 'pectus carinatum'.

 

When I Walk I get lower chronic back pain in my spine I sometimes get pain at the top of my neck.In my Physical Terms I should have been awarded 18 points

 

Mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion. (6) – This is due to my scoliosis which causes low chronic back pain. When I walk I always have to stop to rest for about 5 to 10 seconds before starting to rewalk. I think you need to change this slightly - how far do you walk before you stop? Is it 200 metres and then you carry on another 200metres, or do you stop every 50 metres for 5-10 seconds. What does this walking limitation stop you from doing - for instance, are there places you can't get to without transport - the local bus stop, a shop etc. Here I would also refer to the WCA report which stated you could walk 40 metres - and point out that the ability to walk 40 metres does not indicate an ability to walk 200, it also does not refer to the amount of pain you suffer while walking.

 

Sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. (6) - This is due to my scoliosis which causes low chronic back pain when I sit I always have to move or readjust or get up to avoid some significant discomfort. What sort of things does not being able to sit for more than an hour affect for you, for instance travelling? What evidence was given on the WCA report to not score you points for this? You mentioned you waited several hours for your assessment - did you sit still the whole time you were waiting, or did you have to keep getting up and moving about - if you did then mention this. Also best to be specific about whether you need to move around in the chair (scores no points) or would have to get up and move away from the chair (scores 6 points)

 

Has some difficulty conveying a simple message to strangers. – Due to my social anxiety I find it very hard to ask for directions or any thing from a person I do not know and I tend to talk very quite or my voice goes I don't think this part is relevant as the descriptor only applies to physical health issues.

 

On my mental heath terms I should have been awarded 12 points. I think you meant 18 points. Also what are your mental health problems, how long have they lasted.

 

Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. (6) – This due to my social anxiety in social situations I find it very hard to communicate and have difficulty relating to others. It's best to put a bit more here - what social contact do you avoid? Do you see friends or family? What would happen if they were to bring someone you didn't know to the get together (as an example, when my husband was told his brother was bringing a friend to a family dinner at his parents, he freaked out and insisted we leave immediately). How do you cope with contact with workers in shops, or if someone started a conversation on the bus? Do you avoid certain situations in order to prevent social contact? Do you only see friends when you know no one unfamiliar will be there (for instance do you avoid pubs, clubs, bowling, cinema etc) Be specific about what your difficulties with social interaction stop you from doing. What evidence was on the WCA report for this descriptor - did they even ask the right questions - if not, mention this.

 

Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. (6) – If something in the day changes I tend to get very stressed or if something has happened that can upset me I can get suicidal thoughts but theses tend to go after about a hour. As in my report to the doctors I have felt thoughts of suicide . What would happen if someone changed an appointment time on the day - would you go or would you cancel? Can people pop round to your house without making prior arrangements, or do they have to arrange in advance. How did having to wait at your WCA affect you? Again what evidence was used on the report to not score you points for this, and why were they wrong?

 

Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. (6) – If I go to a area which I’m unfamiliar with I tend to get stressed out as if I get lost I fell very nervous to ask people for directions and I find it hard to communicate with people I don’t know. That’s way if I go to a place I don’t know I always take a family member or friend if I can to help me get around . Are you taking someone with you to the tribunal, and did you take someone with you to the ATOS assessment? If so point this out. Also explain any other examples of unfamilar places you have had to be accompanied to - also what happens if not accompanied? Do you just not go? If you are not going to be accompanied to tribunal or were not accompanied to the ATOS assessment then this descriptor will be a non starter. Again what evidence was in the WCA report for this descriptor and why were they wrong.

 

Also you may want to refer to the medical evidence you are providing and in what way it supports the descriptors - linking the medical evidence to the descriptors is always a good idea.

 

In Overall I should have been awarded with 36 points (30 points) which I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

[honeybee13]

Thank you estellyn, that's good information.

 

HB

[chrisw3290]

IntroductionI, Chrisw am appealing against the decision made in 2011 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.

 

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.

 

The medical doctor at the centre saw me for 10 minutes I think the whole WCA was misrepresented I explained to the doctor that I have serve chest and spinal problems in which he told me that I should be getting that sorted as it could cause problems.

 

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.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.

 

On the physical part of ESA I told the doctor at atos that I suffer from scoliosis, pectus carinatum in which I suffer low chronic back pain as a result I’m on medication for this.

 

I also suffer from social anxiety and depression in which is now being referred to a neurologist for further examination.

 

When I Walk I get lower chronic back pain in my spine I sometimes get pain at the top of my neck. In my Physical Terms I should have been awarded 18 points Mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion. (6) – This is due to my scoliosis which causes low chronic back pain.

 

When I walk I always have to stop after about 100 meters to rest for about 5 to 10 seconds before starting to re walk. The walking does stop me from doing a lot of things for example if I had no transport I would not be able to get any essentials, when I walk up stairs I tend to stop halfway to let the pain go down and then I will walk up the rest of the stairs

 

Sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. (6) - This is due to my scoliosis which causes low chronic back pain when I sit I always have to move or readjust or get up and have to get up and move to avoid some significant discomfort.

 

During my assessment I waited quite some time after my appointment I had to get up and move several times in order not to fell discomfort

 

Has some difficulty conveying a simple message to strangers. – Due to my social anxiety I find it very hard to ask for directions or any thing from a person I do not know and I tend to talk very quite or my voice On my mental heath terms I should have been awarded 18 points

 

Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. (6) – This due to my social anxiety in social situations I find it very hard to communicate and have difficulty relating to others. I Avoid most social contact even with friends and family. If someone I did not know met me I would fell very insecure and would try to get away from this person. I find it very hard to communicate with people I tend to avoid gatherings and if I see someone I know with someone I don’t I tend to shy away, avoid eye contact and try and keep myself unnoticed.

 

I avoid busy areas such as social gatherings which included pubs, bars and busy shopping areas as I fell very insecure and very nervous in that area.

 

Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. (6) – If something in the day changes I tend to get very stressed or if something has happened that can upset me I can get suicidal thoughts but theses tend to go after about a hour.

 

As in my report to the doctors I have felt thoughts of suicide. In otherways I can get very nervos for example if I not expecting someone to come and visit me and they knock on the door I would get paranoid and avoid opening the door or tend to stay in my room so they cant see me. Everyone who visits me know to ring me in advance to let me know.

 

I fell the doctor was wrong as he does not know how I act outside a clinic. Having to wait for the WCA did get me very edgy. I did not know what to do and was afaid to ask whats happening and why was it taking so long.

 

Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. (6) – If I go to a area which I’m unfamiliar with I tend to get stressed out as if I get lost I fell very nervous to ask people for directions and I find it hard to communicate with people I don’t know. That’s way if I go to a place I don’t know I try take a family member or friend if I can to help me get around. I I know the area I would be ok but very cautious.

 

But if I don’t know the area I will be trying to ask as many people as I can to help me if I cant get anyone I will attempt to go but half way there I would turn back to avoid it.

 

Are you taking someone with you to the tribunal, and did you take someone with you to the ATOS assessment? If so point this out. Also explain any other examples of unfamiliar places you have had to be accompanied to - also what happens if not accompanied? Do you just not go?

 

If you are not going to be accompanied to tribunal or were not accompanied to the ATOS assessment then this descriptor will be a non starter. Again what evidence was in the WCA report for this descriptor and why were they wrong.

 

In Overall I should have been awarded with 36 points or 30 points which I hope that the Tribunal will support my appeal and that the Tribunal will authorise the re-instatement of my award.

Edited January 29, 2013 by honeybee13
Spacing.

[honeybee13]

Hi Chris. I don't know if I'm the only one who can't follow blocks of text.

 

I'm sorry to nag, is there any chance you able to put in some paragraphs in please? At the bottom of your post, in the grey strip, it says in black Edit Post with what looks like a pencil on the left of it.

 

HB

[chrisw3290]

i dont know how to none of the buttons are working expect from the fronts size and the A with a black letter on

[honeybee13]

OK, I'll do it for you this time and hope I get it right.

 

Have you been using the return key to put paragraphs in please?

 

HB

[chrisw3290]

Yes I'm pressing the return key buwhen I do it its all in sections but when I submit it it goes all back together

[aw248]

Hi Chris, I was in a similar situation as you. I went to the tribunal last Friday and the tribunal allowed my appeal in favor of me. Reading your threads it looks like you should be ok. My form wasn't very good, went to lawyer he wouldn't take my case on he said I have no chance of winning. I booked an appointment with welfare right adviser, he said the same thing. All i had was the doctors letters briefly explaining my illness, wrote one letter my behalf to the tribunal and took my son with me.

Sorry I have to go now if you have any questions ill answer them later, good luck.

[chrisw3290]

I have serval letters all from old and new doctors I read them on here for you lot

 

KCA - Saying I have High Levels of anxiety and depression along with serve levels of psyschological distress

 

Oxleas - sucidle at times and social anxiety and depression.

 

NHS - scolosis of 40C Plus and pectus carinatum

 

4 x Rays of spinal cord

 

Doctor - suffers from low chronic back pain and under investigation for paranoid and avoidance personality disorder awaiting counselling

 

Doctor - has spine problems has pectus carinatum revealed. Can't carry or lift anything weighty, has a lot of phsyical problems in terms of movement

 

Has low mentality

 

Sum random days when I've written down how I fell and any throughts of suicide.

[aw248]

I kept my letter to the tribunal short and straight forward and didn't write how many points i should get, let the panel decide. I read your letter it seems to me very long and detailed but I am not an expert in writing letters. If you have doctors letters, the panel will be interested in them and they will ask you a few questions you need to answer them briefly and make your point clear. Previously my experience shows that if you write a very long letter, all of it doesn't get read. I took all my medicine and the doctor listed on his letter too, if you read my thread there i had some very good replies, its under the heading (Job Center Making My Health Worse)

all above is just my opinion and i am not an expert in this matter, at the end of the day its your own decision.

[chrisw3290]

If they asked I say I got the template and advise on how to write it up. Basicly I think I got a good case. But what happens if I lose the truibal can I reappeal or just do what