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Evidence of mental health problems. ESA%)


mr_mastiff
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Hi. I am helping the partner of a man with mental health problems fill out a new ESA50 form.

 

He has been in the ESA Support Group for eighteen months with a diagnosis of depression and anxiety related disorders.

 

His last assessment by ATOS went to appeal due to the “Subjective” nature of his evidence.

 

The letter from his consultant was mainly based on his partner’s descriptions of what happens and her opinion of what could happen if he was unable to remove himself from certain situations.

 

Since that time he has had two programmes of CBT to try and reduce his anxiety and problem s with social interactions.

 

He very rarely leaves the house on his own and then only with someone who he knows and trusts.

 

When he is anxious the first thing that happens is that any noise will make him jump/jerk. If he is left in that environment then he will start to shout out offensive words. I have asked him what would happen after that if you could not walk away. His partner replied he would become “Violent and do anything to get away”.

 

As proof of this she told me of an incident in a shopping centre whilst he was on CBT which did not go very well and both the shopping centres security and the local police were involved.

I will not go into details but no violence was evolved mainly due to the security guard recognising that this poor man had a problem and the police managing the situation with great tact.

 

Due to the involvement of the police an incident number was given to the man’s partner.

 

My plan is to use this to link this incident to the mental health descriptors as an example of how he reacts when stressed and using the incident number as objective evidence of his mental health problems.

 

Any thoughts from the more experienced members of the forum please.

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Yes, exactly the right way to go - actual incidents that have happened, are very useful, especially so in this case as the fact that police needed to be called shows the severity of the incident. Be sure to be very specific as to the why of the incident and link this with the mental health descriptors.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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:mr_mastiff:

 

Yes, go for it.

 

And when you've dealt with the descriptors; consider whether there's an argument for regs 29/35. Is he on any medication to control the anxiety and aggression? Does his partner constantly have to make 'allowances' for his mental health issues?

 

Also, enclose a copy of the tribunal decision if it's still available, and note that the cognitive behavioural therapy hasn't helped.

 

Margaret.

Edited by **Margaret**
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Estellyn & Nystagmite thankyou. The crisis team was called by his partner and their description of his agitation/distress provides further evidence of how his condition effects him.

 

I believe that his partner can now show proof of cause and effect. I.E his medications both regular and as required medications were increased after being seen by his consultant following the incident.

 

Edited for cross post.

 

Looking at regs 29/35 now, I have included a statement from his wife about how she needs to allow for his mental health issues and included how the cbt as actually made the situation worse.

Edited by mr_mastiff
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:mr_mastiff:

 

Yes, go for it.

 

And when you've dealt with the descriptors; consider whether there's an argument for regs 29/35. Is he on any medication to control the anxiety and aggression? Does his partner constantly have to make 'allowances' for his mental health issues?

 

Also, enclose a copy of the tribunal decision if it's still available, and note that the cognitive behavioural therapy hasn't helped.

 

Margaret.

 

Thankyou Margaret, Just checked 29/35 and believe I have this covered but have will change part of the assessment and make direct reference to them.

 

Many thanks MM

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