Help with ESA Tribunal for daughter with Attention Deficit and Personality Disorder

[DiMoll]

Hi,

 

I am just wondering if anyone could help me with how I would present her problems to a Tribunal. She has been turned down for ESA and her tribunal is in only a couple of weeks .

 

She has got a diagnosis of Attention Deficit and a question mark against Severe Antisocial Personality Disorder. Her own doctor doesn't seem to have her documents on his computer system because the diagnosis was years ago. He is just giving two weekly sick notes that state she is stressed and anxious.

 

I have come into the situation late on because I thought she had a support worker helping her.

 

She has been given some points for help getting around in unfamiliar places but I think given that she has Attention Deficit that she should at least get points on the sections

a) learning new tasks

b) being able to finish tasks

c) being able to sustain concentration

 

Her personality disorder makes her aggressive, uncooperative, argumentative and agitated when stressed so I also think that she should get points in that area.

 

Most off the time she seems fine so long as she has taken her medication but her behaviour deteriorates as the medication time gets closer. She becomes agitated, argumentative and aggressive. If she is even slightly stressed , like now because she is receiving lower benefit payments, she cannot cope.

 

She can socialise for short periods but lives alone because she cannot maintain a relationship on a continuous basis: she has to get away and be alone to take her tablets.

 

These are the symptoms for Attention Deficit and this is what she suffers from. Before being diagnosed she did self medicate and did try drugs.

 

 

• Anxiety – Excessive worry that occurs frequently and is difficult to control. Symptoms include feeling restless or on edge, easily fatigued, panic attacks, irritability, muscle tension, and insomnia.
  
• Depression – Symptoms include feelings of hopelessness, helpless, and self-loathing, as well as changes in sleep and eating habits and a loss of interest in activities you used to enjoy.
  
• Learning disabilities – Problems with reading, writing, or mathematics. When given standardized tests, the student's ability or intelligence is substantially higher than his or her achievement.
  
• Substance abuse – The impulsivity and behavioral issues that often go along with ADD/ADHD can lead to alcohol and drug problems.
  

Any suggestions or help would be gratefully recieved

 

 

DMOll

[honeybee13]

Hello and welcome to CAG.

 

I'm going to move this to the benefits forum, where the guys should be able to help you. I'll also post a link to the forum stikky on appeals and tribunals in a mo.

 

I'll leave you a short term redirect from this forum.

 

My best, HB

[honeybee13]

Here's the link to the stikky, hope it helps.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

 

HB

[DiMoll]

Thank You Honeybee

[tickle cough]

My son has been diagnosed with ADHD and under the old IB assessment he scored adequate points to receive benefit, waiting for ESA assessment now and will most likely he'll be in the same postion as you daughter. He's very impulsive and needs assistance crossing roads as his concentration levels aren't all there.

[DiMoll]

Hi Tickle Cough,

It doesn't seem to get any better. She has received all the documentation but has not passed it on to me so I am not sure of all of the facts. She became so frustrated that she even ripped up all the Tribunal information and I have been phoning around trying to get the correct date and time for the Tribunal.

[Nystagmite]

You or her really need to go to her GP and keep them up to date with her situation.

[time4change2]

is she not currently under the community mental health team? have you spoke to MIND or RETHINK they have a great advocacy department that can help and work whit you

[DiMoll]

You or her really need to go to her GP and keep them up to date with her situation.

 

Hi,

 

Yes that would seem very easy to do. I have contacted community metal health team and we have been to a couple of interviews and I have also been to the doctor with her but I didnt realise that her files had all been lost or misplaced. They were only recovered last week after I had written to a local MP and he wrote to the authorities.

 

No wonder we have not been getting anywhere they thought that we had made up all of the information - because they didnt have any records on her.

[DiMoll]

is she not currently under the community mental health team? have you spoke to MIND or RETHINK they have a great advocacy department that can help and work whit you

 

I haven't and I think I have now left it too late. We were trying to get help from CAB but we didnt have any documents until 2 days ago and they wouldn't help, obviously because it looked as if we were making up the whole history.

[time4change2]

does she take medication for illness?

[DiMoll]

does she take medication for illness?

 

Yes she is on a high dose of Prozac 40mg

[time4change2]

the only other thing i can suggest is try and get as much information as you can i know this will be had due the lack of evidence you currently have with regards to getting current medical evidence ect ect

 

the thing with this is what the tribunals will look at on the day of her hearing i definitely think its best to get as much information as you can on her illnesses like you have outlined your post but also how these effect her on a daily basis prozaz is know as a mood stabilising drug and can help control a number of mental illnesses but not cure them.

 

i think it would be best to really going into detail about her condition and what she is like daily all this will be taken into account at the hearing but it would be better if you go with her and explain in more detail but remember they only go off how she was at the medical not how she is now

 

if she fails the tribunal then she will be able to reapply for ESA again as the 6 months rule will have elapsed as its 6 months from the date she failed her original medical not the tribunal in which case i would get her to see the mental health team and get a full diagnosis of her current mental health state this will help her if she needs to reapply for ESA again which i would advise you to if she fails the tribunal hearing reapply for ESA

 

i hope this helps x

Edited March 27, 2013 by time4change2
spelling mistakes

[DiMoll]

the only other thing i can suggest is try and get as much information as you can i know this will be had due the lack of evidence you currently have with regards to getting current medical evidence ect ect

 

the thing with this is what the tribunals will look at on the day of her hearing i definitely think its best to get as much information as you can on her illnesses like you have outlined your post but also how these effect her on a daily basis prozaz is know as a mood stabilising drug and can help control a number of mental illnesses but not cure them.

 

i hope this helps x

 

Thank you very much, it does help.

[time4change2]

your very welcome ive been to 2 tribunals with my sister for her mental health problems so if you need any more advice you only have to ask

 

good luck and let us know how you get on

[DiMoll]

Again, Thank you.

[DiMoll]

your very welcome ive been to 2 tribunals with my sister for her mental health problems so if you need any more advice you only have to ask

 

good luck and let us know how you get on

 

Thank you

[DiMoll]

Thank you

Hi Nitelite,

 

Can you tell me? When I fill in the forms that I send to the tribunal, for use during the tribunal and I make statements about what she can and cannot do ( I know this is a long sentence) do I write it as "My daughter cannot" or Write it as " I cannot" from her point of view? when you supported your sister did you write it from her stance or yours because obviously my daughter cannot do it herself or she wouldnt need the benefits.

 

thank you in advance