Need some advise ESA appeal in few days

[fletch70]

Lets not worry about that right now.

 

I think your letter covers all the points needed. You can even use your social anxiety to your advantage by explaining the reason there is so much detail is that you feared you would forget.

I actually wrote out a short statement of the key points i wanted to say and read it out.

[aw248]

I am not good at writing letters myself. If you have a strong medical report to back you up, then you should be ok regardless on how you write the letter to the tribunal. You can explain everything on the day yourself. The reason i wrote a letter beforehand was because i thought i might forget something.

The panel will be interested more in how you felt at the time of the appeal when it got turned down, not how you feel now.

 

Regarding as appealing again, i believe you can appeal to upper tribunal only point of law for example if the panel made any mistakes on looking into your case.

Take all your medical history, whatever you have available and take someone with you too, take all your medicine. If you feel emotional on the day don't hold it back let the panel see how you feel. I know how you feel, its not easy to explain to somebody on how the illness affects you.

 

This is only my opinion, im not an expert in this matter. If you go with my advice, please dont blame me. At the end of the day you have to decide on how you present your case.

[estellyn]

One bit that jumped out at me - I've underlined it.

 

 

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. You need to read this bit then delete it - as it is the questions I was asking you.

 

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.

[chrisw3290]

well my 1st hearing was like suspended when i went there as all i had was x-rays and they wanted more inforamtion. my solistor said that is good as useully they cancel it off. i was very distressed that day and i mean very distressed. and when they went outside they saw me in a distress mode

[aw248]

I am very surprised you took only x-rays as your evidence and very surprised that your solicitor said that it is good, i think you should have took all your evidence and get this hearing over and done. This means more waiting, more stress and more solicitors fee.

I was very stressful on the day, i told the panel please carry on and that i wanted to be here today. What you have written in your thread looks like you have a very strong case. Sorry it's shocking to hear that you just took your x-rays with you, that doesn't mean anything.

[fletch70]

I have read this differently. I think the day of the xrays was the ATOS. day not the appeal day

[chrisw3290]

Xrays were given to the truibal without anything else this was because my stupid doctor sent the stuff on the day of appeal. So my lawyer said I was lucky because they would of normaly closed the case but I was lucky the truibal delayed it. I have now got everything I need to hopefully win. My lawyers and CAB said I stand a good chance

[Galeforce81]

Xrays were given to the truibal without anything else this was because my stupid doctor sent the stuff on the day of appeal. So my lawyer said I was lucky because they would of normaly closed the case but I was lucky the truibal delayed it. I have now got everything I need to hopefully win. My lawyers and CAB said I stand a good chance

 

I think they might have adjourned it anyway because they didn't have the information in advance.

 

Thats what happened to my friend when she turned up on the day with all her supporting evidence.

 

I don't know if that usually happens though.

[chrisw3290]

Right one last quick question. I got a lift but I don't want the person coming into my truibal as I don't want them knowing my medical problems. Will that effect my truibal or will that accept that

[estellyn]

Right one last quick question. I got a lift but I don't want the person coming into my truibal as I don't want them knowing my medical problems. Will that effect my truibal or will that accept that

 

They can sit in the waiting room - available to help you if need it and reassure you while you are waiting.

[chrisw3290]

That be ok I explain to them I don't want people knowing about my mental problems. They have a idea but I don't want them knowing otherstuff

[fletch70]

Although i respect your decision to keep your friends in the dark about mental health problems it can be this sort of behaviour that makes it harder for people to understand the issues. Are you sure your friend would not understand.

[chrisw3290]

My friend said that's ok but my view is what the truibal will think about that. As I'm thinking when I'm called jim I explain I got a ride but my mate is outside as I don't want them knowing my personal medical history

[RaeUK]

There wouldn't be a problem with you having a lift there - you have to get there somehow! Nor would there be a problem with your friend waiting in the waiting room or outside. The tribunal won't think anything of it. Their job is to try and assess you with as many points as they legally can. Hence why they tend to go through the ESA50 and the ATOS report with you and mainly rely on those items. Your points and answers would then be supported by whatever evidence you provide.

[estellyn]

There wouldn't be a problem with you having a lift there - you have to get there somehow! Nor would there be a problem with your friend waiting in the waiting room or outside. The tribunal won't think anything of it. Their job is to try and assess you with as many points as they legally can. Hence why they tend to go through the ESA50 and the ATOS report with you and mainly rely on those items. Your points and answers would then be supported by whatever evidence you provide.

 

Yes, but if the person doesn't either have someone in the tribunal room or the waiting room, they won't award any points for not being able to go to unfamiliar places - as the Tribunal is held in an unfamiliar place to most people.

[chrisw3290]

I want someone there as I'm scared of courts ecipilcy mag or crown courts. But I'm panaoid I don't what friends knowing more of my mental heath.

[RaeUK]

Yes, but if the person doesn't either have someone in the tribunal room or the waiting room, they won't award any points for not being able to go to unfamiliar places - as the Tribunal is held in an unfamiliar place to most people.

 

I understand your point but still don't see it as a problem. His friend would have escorted him to the building / waiting room. Presuming the tribunal is set up in the same way as my two previous ones, a court usher will then take you from the waiting room to the tribunal room.

 

With regards to the tribunal itself, it is generally incredibly informal and friendly. Nothing like a Magistrates or Crown Court.

[chrisw3290]

As its in a magistrates court will it look like one as that will scar me

[RaeUK]

No worries, I'm not trying to smooth over your anxieties. Mine were both held in the County Court which is a relaxed sort of a place for a Court. I'd be surprised if it's held in the main Magistrates Court itself and not in a large side room. But, then again, I've been surprised before. Good luck with it anyway and, I appreciate it's easier said then done, but the tribunal really is on your side ...

[estellyn]

I understand your point but still don't see it as a problem. His friend would have escorted him to the building / waiting room. Presuming the tribunal is set up in the same way as my two previous ones, a court usher will then take you from the waiting room to the tribunal room.

 

With regards to the tribunal itself, it is generally incredibly informal and friendly. Nothing like a Magistrates or Crown Court.

 

sorry, rae, I was just making the point (probably badly) that having someone in the waiting room can lend credence to the need for points for certain descriptors, and not having someone there can stop you getting the points.

[fletch70]

You need to make the point clearly that you have someone with you.

[estellyn]

You need to make the point clearly that you have someone with you.

 

Yes, definately, and not just say it's your lift (which suggests a transport issue), but that they are accompanying you do stress and anxiety and the very unfamiliar situation.

[RaeUK]

estellyn, my apologies, I suspect I completely misread your post. I think we were both actually saying the same thing! x

[Nystagmite]

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

 

That descriptor is for physical disabilities, such as hearing or sight loss. The criteria you'd be looking at in relation to it being hard to ask for directions, etc. due to social anxiety would be engagement in social contact.