ESA Tribunal hearing next week. So scared can anyone help? - ** WON **

[helpplease?]

Hello. My names Holly. I have joined this group today in a last minute plea for help.

 

Long story short -

 

I appealed against ESA Decision that I am 'fit to work' I have had my tribunal date throught, which is on 18th April. I have a 'support worker' who is supposed to be helping me prepare my case against the desision but unfortantly although all the promises have been made he has failed to turn up to any appointments so im left completely out of my depth to deal with this alone.

 

I am so stressed I cant even function. I have no clue on where to even start. As like many ohers it is my metal health which has been over looked by 'Atso' I have depression, anxiety and stuffer with panic attacks - to the extent I cant even leave my home alone, I can stay with in these four walls for weeks at a time.

 

My question is, 1) How do I prepare, where do I start?

 

Please if anyone could help I would really really apprechiate it:!:

[**Margaret**]

:helpplease?:

 

One of the best places to start? :honeybee13:'s guide at:

 

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

 

Do you have any one to go with you for moral suppport? Especially important if you want some points for not 'Getting about' or 'Coping with social engagement'.

 

Best wishes, Margaret.

Edited April 11, 2013 by **Margaret**

[honeybee13]

Hello there, welcome to CAG.

 

Do you have a copy of what Atos said about you? It could be an ESA85. You need to go over it with a fine toothcomb and find all the mistakes and contradictions. This is what you'll put in the template letter in the stikky, should you decide to use it.

 

You have a week, and we're here to help. If you have to take your submission document on the day, so be it.

 

My best, HB

[helpplease?]

Thank you so, so much for your replies. I'm going to get stuck into making my case tonight.

 

My partner is coming with me. I was awarded 6 points for getting about, that was the only points I got.

 

I have got a copy of the medical report. It paints a picture of someone who is lazy and 'doesn't get dressed because she can't be bother'. Reading the report really gets me angry I'm not the person I'm made out to be in that report, she didnt take into account how depression and anxiety affects me daily. That's roughly what I wrote when I sent my appeal, a year ago. I don't want to claim this benefit for the money or to sit doing nothing, I am desperate for the help and support I want to get back to work. I just need the help to do it, which is what the benefit is for right? 'Employment & support'

 

Thank you so much for helping me through this it really is greatly appreciated.

 

Holly

[honeybee13]

I had anxiety depression when I claimed, I know what it does to you.

 

Check out the DWP descriptors in the stikky if you can, or someone like Margaret may post up a link for you. I thought one of them was about not bothering to get dressed or look after yourself. I hope I'm not out of date about that though.

 

HB

[helpplease?]

Sorry im new to this, how do I find the link? Whats a 'stikky'?

 

Also what do you mean about 'being on of them'?

 

My brain isnt working to well at the moment lol. I am starting to feel a little hope now though, which is all down to this forum

 

thank you

 

Holly

[**Margaret**]

:Holly:

 

The link :honeybee13:'s referring to;

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

 

Exceptional/special circumstances at pages 10 - 12.

Mental health descriptors at pages 21 - 24 and 26 - 27.

 

Did you have any help to complete your ESA50 form? The guide on Rethink's site has some useful guidance as to how the effects of anxiety/depression may satisfy some of the descriptors. Also, there's some tips about evidence.

 

http://www.rethink.org/living_with_mental_illness/money_debt_benefits/benefits/employment_and_support_allowance/work_capability_assessment/the_esa50_questionna.html

 

Your inability to reliably get showered and dressed may meet one of the descriptors for activity 13, 'Initiating and completing personal action'.

 

Guess that's enough for now, Margaret.

Edited April 12, 2013 by **Margaret**

[honeybee13]

Thank you Margaret, great information.

 

HB x

[**Margaret**]

:Holly:

 

The stikkies are the thread titles on the garish greeny yellow background at the beginning of the Benefits and HMRC forum. If you click on the blue link in #2 of this thread it takes you to one of them.

 

To find the Rethink link, click on the 2nd blue link in #7, then on the blue link that reads 'work capability assessment factsheet'.

 

Margaret.

[Nystagmite]

Do you have evidence by the way of letters, etc. from your GP, support worker, mental health team, etc. of how your depression affects you?

[helpplease?]

Thank you.

 

I have had a look at directgov doctument. Its very comprehensive, I will do my best to make sense of it.

 

I didnt have any help with ESA50, I filled this in myself, which I struggled with. I struggle putting my words, thoughts and feelings down. Explaining myself.

 

No I have no other evidence as of yet. I was relying on my support worker to help me with this. I know I have a strong case, its just a matter of putting it down and being prepared. Im totally out of my depth, I cant get my head around it. This is what my support worker was supposed to help me with I wasnt expecting for a professional support worker to let me down.

 

 

Holly

[estellyn]

A good place to start is to sit down and figure out which descriptor applies to you in each section:

 

http://www.tameside.gov.uk/esa/wca

 

Write the descripor that applies as a heading on a piece of paper (or on a word document) and then write how that descriptor applies to you and why, and give examples. So for example for mobility, someone might pick the descriptor:

 

 

 

Cannot either

1. mobilise more than 100 meters on level ground without stopping in order to avoid significant discomfort or exhaustion; or
   
2. repeatedly mobilise 100 meters within a reasonable timescale because of significant discomfort or exhaustion. (9 points)
   

I have arthritis which affects my knees, hips and ankles which causes me significant pain when walking. Painkillers help the pain while just moving slowly around the house, but when I try to walk outside, the pain is so much that I am in tears from pain and need to stop before I've walked 100 metres. I cannot walk to the local bus stop or train station, or to my nearest convenience store. I cannot go to the supermarket to do my shooping, even by car, because I can't walk round the aisles - it is too far. I get my shopping delivered. I don't go on holiday because I cannot walk far and cannot afford to pay for someon eto wheel me in a wheelchair. I cannot wheel myself in a wheelchair due to severe arthritis in hands and shoulders. My life is significantly impaired due to difficulties mobilising.

 

 

Does that make sense? Start by doing this for each descriptor that applies to you from the first list, then we'll go on to support group descriptors and 'special circumstances'.

 

It's best to do this bit by bit so it's not so daunting.

[Nystagmite]

Get someone to help you with that. There are bound to be things you haven't thought about.

[helpplease?]

Just a quick note to say a big thank you to all of you wonderful people for you replies and endless help!!!!! I really would be lost if I hadnt have found this site today.

 

 

Great news is, iv finally managed to get my thoughts togeather, with your help and web links and iv made a start on which discriptors apply to me. Im sure tackling this bit by bit I will be able to gather all my evidence ect to agrue my case. Unfortunately I dont have anyone professional to help since my support was a 'no show'. My partner is doing all he can to help, so im not totally alone.

 

With out meaning to sound chessy, you have all resorted my faith. They truly are still wonderful people out there to lend a hand when you need it most. Im going to try un-wind for the night andbget more done tomorrow.

 

Thank you again. Night night all

 

Holly

[estellyn]

No problem, we're happy to help. Get that bit done, then if you feel you need it, we'll talk you through the next bits one by one so you don't get overwhelmed.

[honeybee13]

Agree with estellyn, and keep us posted on how you're getting on please.

 

Is your partner going with you on the day? I took my OH.

 

HB

[honeybee13]

Thank you for the kind comments in post #14 by the way, it's always good to hear.

 

What we like is to know how you get on over the time you're dealing with this and what your outcome is. If you're successful, a virtual shandy is always nice. Someone posted up a picture of a champagne bottle once, after a win.

 

HB

[helpplease?]

WOW !!!! My head is allllllllll kinds of crazy at the moment lol super stressed and all over the place!! Not to mention the pounding headaches!!!

 

Where do I start?...... since I last spoke to you I had to see my GP the stress is effecting me so bad. Shes perscribed me some sleeping tablets to help me un wind at night. She also checked my blood pressure.... which shes worried about as im only 25 and its high, some thing iv never suffered with till all this stress of the tribunal.

 

Then my old support worker (my fairy god mother I call her) got in contact with me and is making a statement for me to submitt!! And she also managed to get in contact with my current support worker (YAY) who has ensurred her he will help me and also attend the tribunal with me!! He then called me (for a hour) going through the research he had done on appeals and I also told him of all the wonderful help iv received on here

 

So my partner and support worker WILL be coming with me to the tribunal.

 

Now.... I have managed to read all I can with the links you have all gave me (thank you) I have started with the letter HB has provided on her appeal forum, and iv listed the descriptors which apply to me and the points relevant to me including the reasons why. I still have descriptor 15. Getting about. This is the big one that applies to me also, im yet to tackle this one!! My evidence isnt as comprehensive tho :/

For example iv roughly wrote the below with out the poor spelling and grammer lol....

 

DESCRIPTOR 14 - COPING WITH CHANGE.

IT IS STATED 'NON OF THE ABOVE APPLY' CC (d) WHICH I FEEL HAS BEEN OVER LOOKED

..... Carried on with my reasons......

THEREFOR I BELIEVE THE FOLLOWING DESCRIPTOR BELOW IS MORE RELEVANT TO MY CONDITION

...... Copied the descriptor.....

 

Few questions.

1) once I have completed the descriptors what is my next step?

- collect statement from support worker (old and new)?

- ask doctor monday for letter?

2) should I try post this evidence all together before Thursday if possible?

When I spoke to the tribunal service on the phone they said if I cant get it posted with enough time then arrive early and hand it in?

3) im scared im missing some thing big out?

 

Big thank you again for your help, cant help feeling silly for not tackling this earlier im usually much more prepared, not that iv ever been through this before. I really did under estimate all the paper work. Hopfully my experience can help others prepare much earlier, instead of just worrying and stressing get stuck into them papers and kick a**!!!!!!!!!!

 

Holly

[helpplease?]

PS..... please accept my apology for the poor use of the forum tools, im still new and finding my way around

 

Also with the stress and no sleep im not on my best form!! Lol

 

Too add to that my laptop is down so im using the Ipad which im usless at hahaha lol

 

Holly :smash:

 

 

Have my smilies worked!? Lol:???:

[honeybee13]

PS..... please accept my apology for the poor use of the forum tools, im still new and finding my way around

 

Also with the stress and no sleep im not on my best form!! Lol

 

Too add to that my laptop is down so im using the Ipad which im usless at hahaha lol

 

Holly :smash:

 

 

Have my smilies worked!? Lol:???:

 

Hi Holly.

 

You seem to be doing OK with the forum bells and whistles. Just a gentle reminder that block capitals = shouting...

 

HB

[**Margaret**]

:Hello Holly:

No apologies needed. Contrary to popular myth no one's born computer literate. Last year :honeybee13: spent weeks tidying up after me until I figured out links and how to change colours. Believe me, you're doing just fine.

Margaret.

[**Margaret**]

:Hello Holly, again:

 

Now for the practicalities of this submission and (with your partner's support) attending the tribunal:

 

Right, you've identified the applicable descriptors and written down why you feel you satisfy your chosen descriptors. (Cept for the one you've still to do.) There's no one correct way to put them into your written submission.

 

Either use :honeybee:'s template;

 

Quote the Atos assessor. Explain where s/he was wrong, then explain the true siuation. (What you appear to have done for 'Coping with change') If there's evidence from your doctor/old support worker to confirm your version of your problems, refer to it in rebuttal of the Atos ESA85.

 

Or;

 

Write the whole lot into one long statement with a section for each descriptor you believe you satisfy. Again, support your assertations with professional evidence, especially if your evidence contradicts the ESA85.

 

Use whichever way you find easiest. I've used both successfully.

 

Is your current support worker a community psychiatric nurse, or from a charity/community mental health team? Whilst acknowledging his case load I'd suggest he should've done his homework a bit sooner. And I'd respectfully suggest you find out what he can contribute to this tribunal.

 

The statement from your previous support worker will be invaluable if she relates it to the descriptors and your functionality at the time of the Atos assessment. Ditto for your doctor. Try to get either or both to complete the sample evidence letter from Rethink's site, if that's easier for your support worker.

 

Burden of proof's on the claimant if you want to argue exceptional/special circumstances, that being found not to have limited capability for work/work related activity would be a risk to your health. Blood pressure n sleeping tablets come to mind.

 

Doubt this submission's going to make it via Royal Mail! It'll smooth things on the day if you arrive early with three copies of the paperwork. One set for each of the tribual panel and one set for yourselves.

 

Assuming you've had some we're here to answer further questions, Margaret.

Edited April 15, 2013 by **Margaret**

[honeybee13]

:Hello Holly:

No apologies needed. Contrary to popular myth no one's born computer literate. Last year :honeybee13: spent weeks tidying up after me until I figured out links and how to change colours. Believe me, you're doing just fine.

Margaret.

 

I'd forgotten that, Margaret. And look at you now. No panda though...

[helpplease?]

Sorry! Promise I was not intending to shout any thing

 

Holly

[**Margaret**]

:honeybee13:

 

Tend to save cheery for his smiley face amid the doom n gloom.

 

Have considered trying to a post entirely in smilies but we're short of a cat to represent the feline who's constantly crashing my keyboard. In between with crumpled ESA50s!

 

'Fraid you'll have to make do with another , Margaret.

Edited April 14, 2013 by **Margaret**