esa help please

[Feebee_71]

Perhaps the 'not qualified' bit is that the assessor is a healthcare professional (dr, nurse or physio are favourite role fillers) but is not specifically qualified in mental health care/conditions.

 

Feebee_71

[cuchiandme]

Have you gone through the descriptors and written down how you fulfill them, giving evidence from daily life (points 2 and 3 in my previous post)- this the most important thing and is the backbone of your case. You can have letters of evidence saying you're unfit, and state what you think was wrong with the atos assessment, BUT, unless you show that you meet the criteria (and putting the case in writing is best) then your appeal will fail.

 

hi estellyn,

yes i went through everything and listed also my disagreements..

i feel i gain 15 points on one and 6 on another...

can i continue to send evidence after i send tribunal acceptance form? or must the evidence accompany it?

[estellyn]

hi estellyn,

yes i went through everything and listed also my disagreements..

i feel i gain 15 points on one and 6 on another...

can i continue to send evidence after i send tribunal acceptance form? or must the evidence accompany it?

 

You can continue to send evidence - they like to get it at least 4 weeks before the hearing, but will normally even accept evidence on the day.

[cuchiandme]

can i ask... how do i go about requesting the 2 year break in being called for another atos grilling?

[estellyn]

can i ask... how do i go about requesting the 2 year break in being called for another atos grilling?

 

Er, you can't request a 'break'. What you can do is give information in your submission about your prognosis and hope that the Tribunal recommend you don't be assessed for a while - but be aware, even if the Tribunal do recommend a period before reassessment, the DWP and ATOS do not need to follow it - it is only a recommendation and has no weight in law.

[Guest]

I think it is the tribunal doctor who suggests a period of time...i.e. 2 yrs before next review...but the dwp don't have to do that its their choice, they stuck with it in my case but its not set in stone and I don't think you can request it.

[Guest]

sorry estellyn we must have been typing at the same time lol

[cuchiandme]

hi folks,

this is n update...

i had a visit (first time) from a care coordinator

i was quite disturbed by the initial chat...she suggested to me j.s.a if i cant work.

i was very distressed by that and said; but i'm not well.. if i go down that line i am saying that i'm ready for work!

 

it seems to me she hadn't done a lot of research, my confidence is not good ..regarding her...but later she said that she would go to the tribunal with me ..if she can...she is away now for 2 weeks before i see her next...i did ask her (on the phone before i met her) if she would get the psychiatrist to write me a letter of support...?

She replied that it wasn't in his "remit".

However... i have been talking to welfare rights(who will represent me also at tribunal)and she said it IS in his remit.

also i had a good letter from a psychiatrist i saw only once...any comments please. i dont want to ruin things with not getting correct support.

[cuchiandme]

re; atos,

i saw online that one guy went to one of their interviews.. and refused to continue but had his claim upheld..

what would happen if a person just refused to speak? or say went in there agressivly..? wrecked their desk... as they wreck lives? any idea?

they said i "didnt present a threat to the work place".

if i were to get angry with atos... then what?

[cuchiandme]

upon reading some posts here.. i am given to understand that the tribunal for esa... can only recommend to the dwp what to do...is this correct?

I am getting the picture that despite winning on appeal ,some people are still begging for their money..

[estellyn]

upon reading some posts here.. i am given to understand that the tribunal for esa... can only recommend to the dwp what to do...is this correct?

I am getting the picture that despite winning on appeal ,some people are still begging for their money..

 

No, the Tribunal decision regarding points awarded IS law. The recommendation regarding reassessment time period is only a recommendation though.

 

The DWP can choose to challenge any benefit decision by a first tier tribunal, and take it to the upper tribunal - this is very rarely done. In hundreds of appeals I repped, though the dwp/LA often threatened to take things further, they never took a single case to upper Tribunal. If they are thinking about it, payment can be held up until they receive the statement of reasons and then decide not to go to upper tribunal after all - but even that is relatively rare. In the rare case of them actually taking the matter to UT, yes, no payment will be made until the UT decision is made.

[honeybee13]

Hello there.

 

I've merged your new thread with the old one as it's about the same topic. We've asked you before not to start a new thread every time you have a question, please continue to post on this one.

 

As regards your post #59, I hope the guys will know, but I would say that playing games won't necessarily help you.

 

My best, HB

[cuchiandme]

thanks estylln,

you represent people? what is la?

[estellyn]

re; atos,

i saw online that one guy went to one of their interviews.. and refused to continue but had his claim upheld..

what would happen if a person just refused to speak? or say went in there agressivly..? wrecked their desk... as they wreck lives? any idea?

they said i "didnt present a threat to the work place".

if i were to get angry with atos... then what?

 

I'm pretty sure this site would not condone any plans to go in there and be deliberately aggressive - I certainly don't! And suggesting things like that just makes things harder for those with mental health issues who genuinely suffer with uncontrolled anger issues.

 

And if you refused to speak, you'd just get failed.

[estellyn]

thanks estylln,

you represent people? what is la?

 

I used to work helping people with their appeals before I became too ill to work.

 

LA is Local Authority who deal with housing and council tax benefits (or council tax reduction now).

[cuchiandme]

I'm pretty sure this site would not condone any plans to go in there and be deliberately aggressive - I certainly don't! And suggesting things like that just makes things harder for those with mental health issues who genuinely suffer with uncontrolled anger issues.

 

And if you refused to speak, you'd just get failed.

 

 

but i am not normaly agressive , only this awful system is making me think of anything to survive.

[estellyn]

but i am not normaly agressive , only this awful system is making me think of anything to survive.

 

Yes, but don't you see that planning to be aggressive and cause damage is actually a criminal act?

[cuchiandme]

Yes, but don't you see that planning to be aggressive and cause damage is actually a criminal act?

 

 

ok, but its criminal what atos is getting away with and its puppeteers.

[estellyn]

ok, but its criminal what atos is getting away with and its puppeteers.

 

There are other ways to deal with it than planning a criminal act though, OK?

[antone]

If you are planning to commit assault, vandalism, criminal damage or any other crime, please don't post about it here.

[cuchiandme]

i'm not planning,

but i think my mental health is being tweaked as far as it can go

[antone]

Fair enough, and be assured that people here do understand the frustration and distress. We just need to be careful what we say.

[Nystagmite]

she suggested to me j.s.a if i cant work

 

This makes no sense at all. You can only claim JSA if you can work. Some people are turned down for JSA on the basis that they're too ill to work.

 

Whilst a disability itself doesn't exclude you from JSA, not being able to meet the conditions of claiming will do.

[cuchiandme]

Some people are turned down for JSA on the basis that they're too ill to work.

 

Whilst a disability itself doesn't exclude you from JSA, not being able to meet the conditions of claiming will do.

 

exactly,

i said that to her... as she sat here in my living room... i said... but that means that i am saying that i am available to work and i'm not well..... i was close to tears...because i know that too, that i may fail even jsa test... i'm worried because this" care coordinator"... i feel, should already know this:-(

[cuchiandme]

Fair enough, and be assured that people here do understand the frustration and distress. We just need to be careful what we say.

 

sorry about that, yes i know...i'm a tad irrational at present... with the pressure.