New ESA Claim

[pcombo]

I went to my appeal on wednesday and

had my representative from citizens advice and

im quite annoyed because they only appealed using 2 descriptors and i feel more should have been included.

 

I have problems with social situations and cant or dont speak to people etc.

the doctor asked me how i would cope in social situations and

i said i dont know and i didn't quite understand that when i said

i dont engange in conversation or go places that im not familiar with.

 

And they refused me on the ground

well how would he know he wouldn't cope if he has no experience, like they just completely ignored what i told them.

 

 

I am completely stressed

 

 

i have been drinking vodka since wednesday

 

 

i had to buy diazepam from a friend because i've been taking panic attacks all week

and iv been taking like a tray a day just to block everything out.

 

There's no way im fit for work,

I dont want to even claim JSA because they would referrer me to Working links

and i've already has issues with them which ICE are still dealing with.

I even spoke with the regional manager for JCP.

 

What the hell do i do.

I cant claim ESA until 24 the january,

It's december almost im stuck with no money,

no benefit.

my entire life is upside down with NO SUPPORT from anyone.

I am currently waiting CBT therapy for health anxiety.

 

What can i do....

[dx100uk]

9 threads on this on going subject merged for history

 

 

please keep to one thread

 

 

dx

[id6052]

i have been drinking vodka since wednesday

 

i had to buy diazepam from a friend because i've been taking panic attacks all week

and iv been taking like a tray a day just to block everything out.

 

What can i do....

 

might be an idea to try and lay off the alcohol and drugs whilst you take stock and work out the best steps to help sort out your life

[Stigman]

You do have the right to appeal, but also you need to get help with the drinking & taking drugs that are not prescribed to you.

 

The C.A.B. will advise you on your appeal so contact them soon because there are time limits to do this.

They (the C.A.B.) will also refer you to a specialist organisation where you can get help for drinking/drugs etc. but you also need to help yourself.

 

Stigman

[pcombo]

I never drunk or took drugs.

 

I started taking diazepam and vodka this week just to block everything out. Block out the fact im going to be going through hell in the next few weeks with JCP AND JSA.

 

I've already appealed my ESA and the tribunal said No. But apparently they were sympathetic to my case, hardly help me really.

 

Going to see the doctor see what she can do. I am sick to death of this.

 

Apologises about the new threads....

[Nystagmite]

Where does January 24th come from? If your condition has changed or 6 months has passed since your assessment, you can reclaim straight away.

[Stigman]

Your C.A.B. Advisor should apply to the Court and ask for a copy of the Judges Statements of Reason & also a copy of their notes.

Also fill out form UT1 here... http://www.tribunals.gov.uk/financeandtax/Documents/forms/ApplicationNoticeforPtoA_UToct09.pdf

I know the form says to send this back to London but your first appeal goes back to your local HMCTS Office that is currently dealing with you, if this is rejected, you then re-fill out form UT1 and send it to the Upper Tribunal in London.

 

Due to the backlog, this whole process takes up to 18 Months.

 

If your condition changes, you can re-submit a fresh application.

 

Have you got medical evidence from your Doctor or Consultant?

 

Stigman

[Stigman]

Also fill out form UT1

 

Don't do this yourself, get your C.A.B. Adviser to do this on your behalf.

 

Stigman

[Nystagmite]

You can only appeal to upper tier on a error in law and not because you don't like the decision.

[pcombo]

Well, I have sent an email [email protected] asking for a statement request explaining the decision to refuse my appeal in full.

 

And the error in law was violating my human rights. I need support right now and throwing me out saying he didn't meet a certain criteria is just wrong. I am not fit to work. I cant work. It's not that im lazy. I have mental illness which i cant work right now and need help.

 

There is just NO WAY on earth i can claim JSA. The strict rules for that benefit are just to much for me to handle, i claim ESA for stress, depression anxiety which includes health and social.

 

I get an appeal in December the worst time of the year to get anything like this done.

 

Last week i must have drunk like 4 litres of vodka within a few days, And all i've been doing since is taking diazepam 5mg 6 at a time from a friend. just to block it all out. Every single minute of the day all i can think about is ESA/DWP and appeals it's driving me insane, and if i go near a JCP i fear i could end up in jail i would actually go crazy, There all a bunch of smug people in there.

 

I really dont know what todo now....

 

I spoke with the courts people and they sent my request for a full refusal statement, after that ill get in contact with citizens advice again to go over it, because i know there is a point within it i dont agree with and try get the hearing heard,

[Nystagmite]

The error wasn't violating your human rights. It's whether you meet the criteria for ESA. For which you need to supply evidence for.

 

You really need to speak to your GP.

[pcombo]

So the conclusion i've came to right now. I will go to the doctor and see if she will get me a letter to say my condition is worsened which it has.

 

But in the mean time i think ill make a claim for JSA and fill in a JSA28 sick form. This should hopefully exclude me from signing on during december then do the same again in january till 24th where i can reclaim ESA. Only if my doctor doesn't give me a letter.

 

I've also requested a statement from the judge telling me why they refused, And theres a bit in there where the doctor contradicts herself and ill be using this and the fact my human rights were violated by not giving me the support i require. And hopefully get the hearing reheard. if that doesn't work ill try upper tier tribunal if i get permission.

[Nystagmite]

What human rights? And where does January 24th come from? If your condition has worsened, you don't have to wait to claim ESA. You can reclaim straight away.

[pcombo]

What human rights? And where does January 24th come from? If your condition has worsened, you don't have to wait to claim ESA. You can reclaim straight away.

 

Because i can make a new claim for ESA on january the 24th, But im hoping it doesn't come to that, My doctor will give me evidence to show my condition has worsened

 

My ESA was denied on 23rd july, And my ESA tribunal was wednesday 26th november, rather quick if you ask me. some people apparently wait about a year.

 

And my human rights to get support for my mental health conditions and stress. Saying i need to meet a criteria of illness is just stupid, And the fact the doctor contradicted herself is annoying me. I told her i cant cope in social situations and dont engage in conversation etc with people.

 

She asked how would i cope in social situations and i said i dont because i dont socialise. But she said how would you know you cant since you dont apparently have experience in what a social life is. When I just told her I cant. I dont go out the house, I dont socialise, I dont engage in conversations,

[antone]

Just to be clear, the law states that you need to meet the relevant descriptors to be entitled to ESA. When you appeal to the Upper Tribunal on a point of law, you need to show that the lower tier did not correctly apply the law as it stands, or made some procedural error that means its findings should be set aside.

 

What you seem to be arguing here when you say "Saying i need to meet a criteria of illness is just stupid" is not that the Tribunal misapplied the law, but that the law itself is wrong. That may well be true, of course, but changing the law is not within the power of the Upper Tribunal.

[estellyn]

However, if in the statement of reasons, the judge does not give adequate reasons for not considering your lack of ability to socialise. or restates her stupid remark about you not knowing if you could, because you don't - then this would be an error of law that you could appeal on - insufficient findings of fact. Be sure to also ask for a 'record of proceedings' - this will usually be a copy of the judges notes, though a few places do record and will give you a transcript.

[SabreSheep]

OK

 

I would do a new claim, Your situation has deterioated.

 

I would also make sure you understand the descriptors and how they are APPLIED

 

For example to be able to do something on the descriptor you must be able to do it saftley, wihtout pain and in reasonable time. If you cannot then you score points for that discriptor.

 

A claim for ESA needs to be prepared carefully and phrased to tell the the truth and apply to the discriptor.

 

Also you score points if you cannot do something for the majority of the time.

 

To help gain evidence to support the esa application (And PIP) It would be strong evidence to create and maintain a diary.

 

Things like "Due to medication was not able to get up before 2pm"

Or "Felt so bad today was unable to prepare a meal due to fatigue"

or "Had to get X to make dinner as I was not well enough to make it"

 

Use this diary to tell the doctor how you feel as well.

 

 

More information available on ESA etc from disabilityrights.org.uk

[Nystagmite]

It just has to be reasonable that you meet the criteria. So, if you don't socialise and know from previous experience that it would cause you such distress that you are now unable to socialise, i's reasonable to suggest that you meet the criteria.

[pcombo]

I seen my doctor on friday, Not very helpful actually. She wrote letters explaining my conditions.

 

Now shes saying you need to find someone to get support, you need to face things face on. Basically tough **** deal with it.

 

My doctor wont even help me what chance have i got, Shes not saying i should get support from WHO? exactly shouldn't she be the one suggesting that.

 

I cant do normal things, For example, I cant go shopping, I couldn't buy certain products as i would feel weird buying them. I dont like to wear certain clothes cause i think people will be talking about me. I only really have 2 friends i feel close enough to talk to. Other than that i dont have anyone, I dont go out, I dont understand the meaning of socialists or getting a life for example.

 

All job centre want to do now is send you to work program. And i've had a bad history with working links which i still have an ongoing complaint.

 

My doctor is contradicting herself telling me what she did, She's sitting prescribing me 100mg of sertraline and telling me i need to face the world on and just get a job really. At the same time writing letters saying my mood is constantly low, i am agoraphobic i hate going anywhere.

 

Getting sick of this DWP. ESA and JSA. I am sick of the entire system it's not there to help people who need it. Drug addicts get treated better.

 

I can see next year being an entire repeat of this year.

[Mcall]

Hello Pcombo, I can't really offer any advice but as someone who suffers from a crushing social anxiety, all I can say is that for me the worst thing is giving in to it. I went through a course of CBT (Cognitive Behaviour Therapy) in 2012 and it helped me a bit - but not like people would have you believe as some sort of magic wand. BUT, it really did help me get a handle on my panic.

Tell your GP that you DEMAND a referral to CBT and don't take "no" for an answer.

It's not a fashionable view on this forum, but when it comes to anxiety the worst thing you can do is just give in to it and accept you'll never get better. Maybe your GP was trying to give you some tough love (maybe in the wrong way) but if I hadn't been told to face my fears then I would have been someone stuck on ESA for the rest of my life. In a strange way, it's sometimes good to challenge ourselves and go out of our comfort zone - for me it helped to realise a panic attack couldn't actually kill me and after about 5mins of feeling terrible, my anxiety levels started to decrease and then I was ok in that situation. But the WORST thing you can do is "avoid" and give in.

Maybe your GP understands MH issues better than you realise? Maybe not, maybe they are just terrible (and it IS possible).

 

Either way, I sincerely wish you all the best. Be well.

[rebel11]

If the doctor thinks there is nothing wrong with you and is unwilling to write a report, why has she arranged the following?

 

'I am currently waiting CBT therapy for health anxiety.'

 

As suggested, email a letter of complaint, with the email send any letters you have recommending CBT therapy.

 

You lose nothing by doing that. Because you were unable to answer the questions at the time, it is 'unfair' that they have said 'oh well, we can't be bothered getting information from him' and the decision has gone against you.

 

I seen my doctor on friday, Not very helpful actually. She wrote letters explaining my conditions.

 

Now shes saying you need to find someone to get support, you need to face things face on. Basically tough **** deal with it.

 

My doctor wont even help me what chance have i got, Shes not saying i should get support from WHO? exactly shouldn't she be the one suggesting that.

 

I cant do normal things, For example, I cant go shopping, I couldn't buy certain products as i would feel weird buying them. I dont like to wear certain clothes cause i think people will be talking about me. I only really have 2 friends i feel close enough to talk to. Other than that i dont have anyone, I dont go out, I dont understand the meaning of socialists or getting a life for example.

 

All job centre want to do now is send you to work program. And i've had a bad history with working links which i still have an ongoing complaint.

 

My doctor is contradicting herself telling me what she did, She's sitting prescribing me 100mg of sertraline and telling me i need to face the world on and just get a job really. At the same time writing letters saying my mood is constantly low, i am agoraphobic i hate going anywhere.

 

Getting sick of this DWP. ESA and JSA. I am sick of the entire system it's not there to help people who need it. Drug addicts get treated better.

 

I can see next year being an entire repeat of this year.

[SabreSheep]

Also have you thought about seeing a different GP?

[Lilly_Monroe]

My GP will not write letters - but my CPN has done so and also agreed to do so for my PIP reconsideration.

 

I am alone, no family and no close friends to get to where I am at this moment has been hard, but the bottom line is you don't fight your own corner then you will go under.

 

I am at the stage of trying to go places (when I say go places) I mean the shops, etc etc.

Last week I went to a very small craft fair for 30 mins, when I got back I was mentally drained (but I did it).

Does it mean I am cured - no - but it does mean I can do some things (when the frame of mind is right).

The feeling from (I did that) was wonderful.

I might not go out again for weeks, with MH problems you never know from one minute to the next, but you have to keep trying, both fighting the illness and the system that will not listen to you (sitting feeling sorry for yourself gets you nothing).

 

I was referred to the medical health team, first it was cognitive therapy which was NO good for me.

Then I had a CPN who did not take me seriously, so I complained and was allocated someone else, who I get on well with (she is my life line).

 

Help and support will not come to you on a plate, as tough and daunting as it all is push for your rights and get the ball back on track.

[pcombo]

So my ESA is still active right now got a payment from them today, Although last week I made a claim for JSA from the 26 the november my appeal hearing. But they haven't processed my claim yet. But now im getting stupid letters and appointments from working links who i've already had issues with this year and i still have an on going complaint with Independent Case Examiner.

 

Things just continue to get worse and worse. I am sick to death of this now. My doctors idea of help is increase my medication and say what ever happen just face it on. Yeah like im gonna do that.

[Nystagmite]

Your ESA is paid in arrears.