Utter Despair - ESA stopped

[**Margaret**]

:watchdog19664:

 

Right, lets see if we can unravel the initial appeal bit of this spaghetti.

 

I'm hoping that by now you've received a GL24 appeal form, but if not there's an example below. So long as a letter of appeal answers all the questions on the form it'll be accepted as a valid appeal.

 

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

 

Employment n support allowance isn't about heart attacks. For you, it's about the effect of your heart attacks on your capability for work. The work capability assessment looks at your ability, or not, to repeatedly perform the activities listed on pages 17 - 27 of the booklet below. And at whether work/work related activity may be a risk to your health, page 10 of the booklet.

 

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

 

For now, part 8 of the form only needs basic reasons for your appeal, for example;

 

The Atos assessment overestimated how far I can walk. Cos of my heart condition I can't walk, or self propel a manual wheelchair, more than 100 metres before I have to stop for a break.

 

My heart condition means that I tire very quickly, so I need to rest frequently. Day to day activities are continually interrupted by chest pain/ shortness of breath.

 

If your doctor agrees that you're not fit for work s/he can help by writing Med 3 (unfit) notes. Refer him/her to page 4 of;

 

http://www.dwp.gov.uk/docs/gp-benefit-guide.pdf

 

And while you're there (assuming your doctor agrees that you're not fit for work) put in a written subject access request for your medical records. You can get everything that's held on their computer for a tenner and there may be some useful info to support your appeal.

 

Sincerely, Margaret.

 

Should you need to talk to someone before driving off a cliff, or into a river, you can contact the Smaritans via phone on 08457 909090 or electronic mail at [email protected]

 

http://www.samaritans.org/how-we-can-help-you

Edited June 17, 2013 by **Margaret**

[**Margaret**]

:watchdog19664:

 

If you feel able to clarify some of what you've written, I may have some suggestions to help you prepare for the adjourned hearing:

 

'...... I duly sent in further Medical evidence ......' What sort of evidence and who from?

 

'Medical Disclosure form'? Have you seen the form or a copy of it? ESA113 or FRR2? It's a serious problem if your doctor's refused to complete an ESA113, both for your doctor/patient relationship and his/her National Health contract.

 

No excuse for the tribunal doctor's tone, but many of them are as fed up with the flawed system (that allows cases to get to tribunal without medical evidence) as we are. Did the judge issue any directions for medical evidence?

 

Margaret.

[**Margaret**]

: Desperate Daniella:

 

Each to their own. Your reputation didn't drop out of thin air.

 

Margaret.

[**Margaret**]

:Andy:

 

'They ...... deny ever having received any evidence.' Translates as, 'I didn't receive any evidence to enable me to revise the decision', from the decision maker. Doesn't mean a tribunal panel will disregard it, and if they do they'll have to explain why.

 

Non completion of an ESA113, when a doctor does have access to the required info, is unacceptable. My own doctor refuses to get involved with benefit claims at claimant request but she'll respond to official requests from Jobcentreplus as part of her contract. Good that the judge has given direction for a report from your doctor; there's potential adverse consequences from tribunal judges for non compliance. Pending a tribunal hearing for employment n support allowance isn't the best time to change your doctor, but you may wish to consider it afterwards.

 

From what you've written so far, you don't seem to have prepared a written submission of evidence for this tribunal. CAG has a guide to appeals at;

 

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

 

Have a read of the booklet at the sixth link in #1. Pages 10 - 12 and 18 - 28 detail the legal criteria for an award of employment n support allowance. Identify the descriptors you believe you satisfy, and write each one at the top of a separate sheet of A4.

 

One question I forgot to ask, have you got the ESA85 report from a face to face assessment at Atos? Assuming you have, for each descriptor, quote what Atos have said. Then write paragraphs to explain where they got it wrong and what the true effects of your heart attacks and spinal injuries are. For example, cos of breathlessness since my heart attacks I can't walk 200 metres without two rests of n minutes. Illustrate your limitations with examples from your day to day life. Can you get to a supermarket? Do you balance your laptop on your knee while you rest on the sofa cos you can't sit at a desk or table for very long?

 

Slot your paragraphs into the format of the template. If applicable, add a paragraph about why 'fit for work' may be a substantial risk to your health. A written submission of evidence isn't essential, but having thought about how your conditions affect your ability, or lack of it, to perform the prescribed activities focuses attention. And its good preparation for coping with questions from the tribunal panel on the day.

 

Finally, is there a friend/relative/unofficial carer who can write a short supportive statement about the help they give you with tasks you can't manage cos of your conditions?

 

Sincerely, Margaret.

Edited December 7, 2013 by **Margaret**

[**Margaret**]

:watchdog19664:

 

Sorry for the delayed response. This got overlooked while I was trying to give Work n Pensions Ministers a hard time. Yes, you can submit additional evidence during an adjournment. Officially it needs to be submitted ten to fourteen days before the re-convened hearing. (In practice, cos of the pressure they're under, most tribunal panels will accept anything they've time to read before the hearing, specially if some last minute reading may facilitate a just decision and disposal of the case.)

 

In #88 I was talking about regs 29 and 35 which provide for circumstances where a finding of fit for work/work related activity poses a substantial risk to the health of the claimant or someone else.

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

As explained on pages 10 - 12 of the ESA214 booklet at;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

If you believe that jobseekers would constitute a substantial risk to your health, you need to think about why. Possible sanctions if you can't cope with the extra stress of a jobseekers agreement may mean you can't pay for a low fat/salt/sugar diet or heating. Would having to keep appointments in cold weather increase the risk of angina/another heart attack? Would two hours a day, every day, on public transport aggravate your spinal injuries? Burden of proof (on a balance of probability) is on the appellant and almost always needs medical confirmation.

 

Best wishes, Margaret.

[**Margaret**]

:watchdog19664:

 

No worries. Disability often impairs ability to cope.

 

Your tribunal must be any day now. Has the additional evidence from your doctor been disclosed to you? If not, chase it from the tribunal support centre. Some medical evidence is very generalised but the remit of a tribunal panel is to find out from you, how whatever your doctor and physio have said affects you. Day in and day out. Given some of what you've written, be prepared for a question about how you got to the venue. And if possible take someone with you, for physical help should you need it, and moral support.

 

Good luck and best wishes, Margaret.

 

You may wish to edit the name out of #96.