reassessment for esa

[Sheffsix]

hi im new on this site,

been reading some of the threads re:esa appeals,

 

ive got mine in 2 weeks and im really nervous/anxious about it, i suffer from lower back problem and anxiety/panic attacks.

 

i failed my atos last june (nil points)

a lot of information is missing from the atos report,

 

ie it states i was there longer than i actually was

, never asked questions re:anxiety or the incontinence i suffer with

,and a lot of it is exaggerated to say the least,

 

i got a solicitor involved to help with tribunal,

with the info i gave her she had scored me more than 15 points

 

,the only downfall is that my dr,s report is not helpfull says my solicitor,

which has made me feel worse than ever

 

,solicitor thinks i will scrape through with out the dr,s report which she is not submitting,

she told me to go through the atos report and make notes of which i agree,

any help would be gratefull as im very down about this

 

,todays not been a good day.

other thing is i have to travel out of town to the tribunal and they are paying for a taxi to and from the tribunal,

but dont have anyone to go with me,

 

the solicitor says it will not go against me as there will be the taxi driver with me going and the clerk when i get there,

 

as i get really anxies/panic attacks in unformiliar places

,and usually rely on help from friend/family,

but they are unable to come with me,

 

do you think this will go against me.

many thanks.

[feelingsad]

Statistically people who are represented have a higher success rate. Being represented is more than being accompanied though, and as your submission has been compiled with a solicitor that may help.

[honeybee13]

Hello there and welcome to CAG.

 

Here's a link to the forum sticky about appeals and tribunals. You need to go through the Atos report as advised and highlight everything that isn't right or that contradicts itself and tell that to your lawyer or the tribunal.

 

Please read the sticky which talks you through what to look for in the Atos report and what to expect at a tribunal. I hope it helps.

 

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

 

My best, HB

[Sheffsix]

hi h/b thanks im not sure were the template is? i will go through the atos papers again and see whats wrong on there, can i take it with me to the tribunal and hand it over on the day? how long are you usually in the tribunal? do i need to take all the paperwork with me from atos? thanks

[RaeUK]

Don't worry about being represented or not. My experience is that the Tribunal board are interested in you and not your representative. The important document to go through is the full 'medical' report from ATOSH. The Tribunal medical member will go through that page by page with you and ask you about it. Not to catch you out but to see if there are places your story differs and they might be able to award points. Reference may also be made to your ESA50 if needs be. Just remember the Tribunal is independant and will do all they can to award the points they are able to within the confines of the law...

[mandie40]

i have been throught two appeals with regards to my husband, and both were found in his favour, and he has just had another atos medical which he passed , which came as a complete surprise, but they have placed him in the work related group, which we are appealing against, he should be in the support group has he has just been released from prison for threating to kill someone. (he cannot be around people).

attending the appeal gives you a much better chance than not attending, you could even write a letter to hand to the tribunal on the day, give it to the clerk who will see you, outline the impact your illness has on your life and how it effects you. you really should not be attending this alone if you suffer from panic attacks, try to find someone to attend with you, my husband cannot go out if i am not there. so i understand how you feel.

they are nice people at the tribunals and in no way do they try to undermine you, so do not worry to much, i wish you all the best.

[Sheffsix]

thanks to both kelcou and mandie40, i will write a letter outlining my illness and how it affects me (never thought to do that) 2 points id like to raise is,

1,i did put on the esa50 form i suffered with continence,re:if im outdoors or indoors and unable to get to the toilet in time i end up losing control of bladder, but was not asked that at the atos assesment.

2,re: panic attacks, never asked about them but they wrote no signs of sweating or rocking on a chair? i never sat stil all the time i was there and was sweating and very nervy. even though i had to take my medications with me which included propranolol.

ps will do my best to get some one to come with me. thanks

[feelingsad]

You can put in your letter the problems with incontinence and what this means for you. As for not rocking in the chair this is a stupid ATOS point of note, I have severe depression and anxiety and have never rocked. I am in intensive group therapy at CMHT and I don't know a single person who would rock in their chair and I have been in Psychiatric hospital on several occasions and have never seen a person rocking in their chairs! Don't fall for their stupid ignorance and rock, just say it how it is. I got 0 points at my first ATOS medical and successfully appealed at Tribunal and then at my recent ATOS medical was put straight in the support group. Just be honest and clear but don't minimise how you are affected and it is a good idea to write a letter as then you won't forget things nerves might otherwise make you forget.

[Sheffsix]

@feelindsad thanks for yor input much appreciated, glad uve been able to point out that i wouldnt be rocking in a chair, the letter i think is a good idea as im not good with words if that makes sense,and like you say im less likely to forgett things. thanks

[honeybee13]

hi h/b thanks im not sure were the template is? i will go through the atos papers again and see whats wrong on there, can i take it with me to the tribunal and hand it over on the day? how long are you usually in the tribunal? do i need to take all the paperwork with me from atos? thanks

 

I don't know if you found it, the sticky is on the 'front page' of the forum. The link in my post above will take you to it.

 

HB

[Sheffsix]

@h/b thanks reading it now.

[Sheffsix]

can any one put any light on this one: the continence question on the esa50 form, mine is due to the fact that i suffer with back problem,and for instance when i first get out of bed im unable to get to the bathroom in time,or if im outdoors same happens,so would that get me points at tribunal? i have been told its a bit of a grey area.

[honeybee13]

Hello again.

 

Have you looked at the DWP descriptors for your health problems? If you follow the link below, you might find some help on page 20.

 

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

 

HB

[Sheffsix]

@h/b thanks again. im not sure what extensive evacuation means? or am i not reading it right. i dont use any aids or adaptions.

[RaeUK]

'Extensive evacuation' means, one presumes, going to the loo quite a bit. Without actually being at the loo ... Sorry, not terribly good at this sort of description ...

[Sheffsix]

'Extensive evacuation' means, one presumes, going to the loo quite a bit. Without actually being at the loo ... Sorry, not terribly good at this sort of description ...

 

oh that makes sense now thanks, do you think that would describe my situation?

[RaeUK]

Sounds pretty much like it ...

[Sheffsix]

hi another bit of help needed, im reading through some threads on here re: going through the esa assesment form from atos,and basically tearing it apart (not literally) there are a few discrepencies on there, re: the length of time i was in there differs i was in there roughly 20 mins,they claim 40 mins, but contradicts the time scale when it claims i was seen to be sat for 20 mins and stood for 5mins.

i told them i showered,they claim i can shower and bath with out any aids, i told them i use a shower,no mention of a bath,

made a big deal out of how i got to the assesment centre, i got a lift there.

i was wearing a sweat top,and was asked to remove my top to be examined,i said no as im very concious about been seen that way by a complete stranger,they said thats fine not a problem,but writes i refused to take my jacket off (wasnt wearing a jacket) and so on and so on.

so is it worth me writing this down to give to clerk when i go to tribunal?

thanks

[honeybee13]

Hello again.

 

For my tribunal I put all those points in the template letter in the forum sticky. From memory, I think we sent it before the tribunal so the panel could look at it beforehand.

 

HB

[Sheffsix]

@h/b I hope i can do it on the day, i never did it before as i wasnt given a copy of the esa assesment until it had been sent to the tribunal, at the time i wasnt aware i had to request it,my first writen appeal went on the questionare that dwp sent me, the one were it states the nil points, the solicitor has told me i can make notes re:the assesment form from atos and give it to the clerk on the day.if not im in trouble. ps ive been told by my representative i can do that so i hope ive been given the correct info.

 

(read this on the sticky, hope it applies to me)

Prior to the hearing, the tribunal will have contacted you to ask you for all the evidence you wish to submit, and sent you a copy of the DWP's dossier, and sent the DWP a copy of yours. You MUST include everything you will rely on, no surprises on the day! IF you have some last minute evidence, the clerk will ask you when you arrive if that's the case, and he will make copies for the panel and the DWP prior to the hearing.

Edited March 24, 2012 by Sheffsix
more info added

[Sheffsix]

just to let you know i ended up getting a copy of my atos disagreements faxed to the tribunal,with one week to go so im hoping it will get to them in time,been told by representetive to take a copy with me just in case, dreading it, cant sleep,feel sick etc.

[Sheffsix]

just an update i had my tribunal appeal today and i lost only scored 12 points im very dissapointed and upset about the decission, solicitor is going to ask for a copy of the tribunal decision to make sure they acted within the law.

also told i can re:apply as its 9 mths since my origional claim and i am worse now than i was in 9mths ago.any tips or advice gratefully received, what happens to my DLA. H/B. C/B?

my head is all over the place and dont know were to turn. thanks.

[honeybee13]

Hello again.

 

I'm really sorry to hear that. It sounds as if you have good lawyers, maybe they will spot something for you.

 

Certainly reclaim if the time is right.

 

HB x

[Nystagmite]

DLA won't be affected. Or shouldn't be anyway.

[Sheffsix]

DLA won't be affected. Or shouldn't be anyway.

thanks