ESA submission

[John B/ham]

Also i cant get my head around things she wrote in the report , such as my brother visits every week, i havent seen him since nans funeral in 2007, an i have no problems showering and shaving, when on the day of assesment i'd done neither, i probaly would of if i got up earlier,

[John B/ham]

hello all'

ive picked apart the client interview part of the atos report, all its inaccuracies, do i have to do the same in the medical opinion physical and mental as its just the same thing repeated, or is it just the Behaviour Observed During Assesment part ,what she says about what i was able to do or not do, also in the Relevant Features, it says i done things, that one the day i declined to do

thanks john

[John B/ham]

Morning all,

I just found a Ergonomic Report, form a physio, at Queen Elisabeth Hospital that my Disabilty Adviser arranged for me, with his recommendations, and conclusions , but it dates Sept 2000,would this be ok to use in my submission? if so how do i refer to in the submission, or do i just put a copy in for the tribunal to look at?

thank john

[mr_mastiff]

John, I have no idea concerning your physical condition. If you have a chronic physical or mental condition you could use that report to demonstrate that your condition as become progressively worse since 2000.

 

In relation to the tribunal you could put a note on stating that your condition is still at the 2000 level or you could put that this document proves that my physical condition is chronic and as become progressively more disabling.

 

Just put how it relates to your appeal.

[John B/ham]

Hi mr mastif,

the conclusion of the report says On assessing John i would recommend he obtain treatment as a matter of urgency with a M R I scan. He as from my assessment damaged and has a protrusion of L3/4 and L4/5 discs. The problem appears to be worsening an is affecting bladder and bowel control

[mr_mastiff]

O.K, This is the report from 2000, it would appear that they believe you have a neurogenic bladder/bowel which would indicate that neurological damage as already occurred. It is definitely a chronic condition as there is no cure.

 

If you look at each point of the report and imagine yourself then. Ask the following questions. What as changed? Is my pain the same or as it got worse? Do I now take more pain killers now than I did then. What other medication do I now take that I did not take then.

 

What range of movement did I have in my back then? What can I do now? When my back was at its worse in 2000 what could I do? How long did these bad periods last. What is it like today are my bad periods longer what makes them worse. List all the events that make it worse I.E is it sitting or walking or repetitive movements or do they all make it worse.

 

AS your Bladder/bowel got worse. Imagine you are in an office How far would you need to be from a toilet to maintain your dignity.

 

Use the report as a base line to your condition, state how your condition as progressed. As your back ever gone into spasm causing you to collapse or spill something over yourself. If it as you could be a danger to yourself or others if you were allowed into the work place.

[mr_mastiff]

hello all'

ive picked apart the client interview part of the atos report, all its inaccuracies, do i have to do the same in the medical opinion physical and mental as its just the same thing repeated, or is it just the Behaviour Observed During Assesment part ,what she says about what i was able to do or not do, also in the Relevant Features, it says i done things, that one the day i declined to do

thanks john

 

IF it stated you declined to do something state the reason why. It could be that due to the examination you had not taken certain medications and it would have been too painful. Or if you were on medications for example anxiety that doing the task my have caused you stress or a combination of physical or mental problems.

 

If it states that you have done things and you did not. State that you did not and if relevant say why you could not. For example your assessment said you touched your toes. It would be obvious to the tribunal that due to your problems with your lumber spine you would have great difficulty/pain from doing so.

 

Pick out the points on your ESA50 and assessment that they have got wrong or did not assess. For example you have a lumber spine problem did they examine you legs for signs of muscle atrophy (wasting) what tests were made to determine the damage to the nerves in your back and legs. Did they do any tests. Think about when you have seen your consultant and the tests he as done to determine your condition. Did the atos assessor do them.

Edited October 19, 2013 by mr_mastiff

[John B/ham]

Thank again mr mastiff,

for replying, and trying your best for me , but things are just not regestering at the min, think i need a break from it all, but i haven't got that luxury,as my submission will have to be posted on monday, i thourght i'd be futher along with it than i actually am, think i'll go for a shower an wake myself up

[mr_mastiff]

Thank again mr mastiff,

for replying, and trying your best for me , but things are just not regestering at the min, think i need a break from it all, but i haven't got that luxury,as my submission will have to be posted on monday, i thourght i'd be futher along with it than i actually am, think i'll go for a shower an wake myself up

 

JOhn I have the same problem at times. On my appeal letter I stated that due to my health conditions and medications it was hard for me to concentrate due to diminished cognitive abilities. I will keep an eye out for any more posts from you.

[John B/ham]

cheers mate,

im on the verge of giving in , was up this morning till half 2,back pain horrrendous through sitting in chair for so long thought is was going to go completely,got to sleep bout half 4 after usual nitely trips to bathroom ,back on laptop bout 8 this morning, an dont feel i've got any where

john

[mr_mastiff]

cheers mate,

im on the verge of giving in , was up this morning till half 2,back pain horrrendous through sitting in chair for so long thought is was going to go completely,got to sleep bout half 4 after usual nitely trips to bathroom ,back on laptop bout 8 this morning, an dont feel i've got any where

john

 

Keep it simple and to the point. Use your own words. If you understand it then it is easier to answer questions at the trubunal.

 

Please do not jack it in! That is what they want.

[John B/ham]

yeah i no it is, ok m8 here i go start again, feeling a bit better after shower,

just wonder if i can pick your brain for a bit longer, if u you dont mind and have the time

john

[mr_mastiff]

I will check in every 30 minutes or so. So keep the questions coming.

[John B/ham]

oh great ur a life saver, i just have a problem that things dont sink in,and im struggling with the how i have to set out the submision, i've looked at honeybee's link but its not helping any suggestions

john

[mr_mastiff]

John have you done your introduction yet.

 

You then have to state why the ATOS and DM at the DWP have overestimated your abilities. Look at the ATOS assessment and look at what they got wrong. For example if they stated you could lift an empty box off the floor explain to them why you could not. If you could do it once explain why you could not do it twice. Give examples. For example you could have lifted a box up and your back had gone into spasm which made you drop the box.

 

Or have you ever had problems lifting a kettle due to your bad back causing it to spill and nearly burning yourself. Or when you are taking large amounts of your pain killers have you ever forgot to put water into the kettle and turned it on. It is not just what you can do, it is what you can do safely.

 

When you have gone out of the house have you ever had to call for help. For example have you ever suddenly not been able to walk and have been taken home by somebody else. If you have had problems state what they are and how often they occur and state why they are dangerous.

 

If the report stated you could stand easily. State how long you can stand for, what happens if you stand for too long have you ever fell over when you have tried to stand when your condition as been bad. if you have tell them.

 

Look at the assessment and say page 2 something like with reference to walking the assessment is incorrect due to the fact that I can only do ............ when I am totally well if my condition is bad I can only do .......... safely

 

take each part and do the same.

[mr_mastiff]

This could also apply to you.

 

On my appeal I stated that I was taking seven different types of medication four of which had warnings on to avoid driving or operating machinery, Two of the medications with the warnings on I took regularly and the other three with warnings on I took as required. At the time I was taking the maximum dose of each due to pain. I stated the Atos had not taken this into account because both my consultant and G.P had both told me not to drive or operate machinery due to the fact that I would be a danger to myself or others.

 

Were any of the answer different on the assessment to the one you can remember giving.

[Nystagmite]

They ignore side effects of medication now, which is ridiculous

[mr_mastiff]

They ignore side effects of medication now, which is ridiculous

 

They cannot ignore the danger if you have given up your driving licence or had an injury. From what I have been to;d this as not been legally challenged yet. I would include it in case I had an accident if I was placed in the work programme. I know you are correct but i would cover myself just in case.

[John B/ham]

sorry for the late reply, yeas i have written an introduction, and what is wrong with me

[mr_mastiff]

O.K now follow the instructions in post 40

[John B/ham]

then i,ve started with the time of examination because the start tim an finish times are wrong

[mr_mastiff]

then i,ve started with the time of examination because the start tim an finish times are wrong

 

O.K thats Fine but it is a small point you need to focus more on why they have overestimated your physical/mental abilities. If they have incorrectly reported some detail state that but more importantly correct the detail and state why it medically prevents you from working using the descriptors.

[John B/ham]

so ive gone through client interview medical conditions

other condition reported

medications

condition hisistory

solical history

description of typical day

and highlighted all the things that are wrong or miss quoted

e.g in drisciption of typical the report states "usually gets up about 10:30" but what i said is i often wake about 10:30 often in pain and i lay there till im able to get up, cud be an hour or more

[mr_mastiff]

I think this one may relate to you.

 

repeatedly mobilise 200 metres within a reasonable timescale

because of significant discomfort or exhaustion.

 

When you are walking how does your back prevent you walking any distance. Do you get sudden weakness in the legs. Do they go numb or is the pain too great to keep doing it. What would happen if you carried on have your legs collapsed in the past.

[mr_mastiff]

Have you stated how long you can sit and stand for and what problems you have. look at the descriptors below and see if they apply to you.

b) Cannot, for the majority of the time, remain at a work station either:

(i) standing unassisted by another person (even if free to move around);

or

(ii) sitting (even in an adjustable chair)

or

(iii) a combination of (i) and (ii).

for more than 30 minutes, before needing to move away in order to avoid

significant discomfort or exhaustion.

9

© Cannot, for the majority of the time, remain at a work station, either:

(i) standing unassisted by another person (even if free to move around