Hi my husband went for a laser eye consultation with optical express last friday and paid an £800 deposit. He has been suffering from anxiety/depression for a few weeks, in connection with his job and broke down this morning, when I took him to the doctor. He has been signed off long term sick. Is there any way we could get this deposit of £800 back? as my husband is worried sick about our finances. I phoned Optical Express who said unless he has a medical condition that would mean he could not go ahead with surgery, they could not give us the deposit back, as they say there is a 72 hour cooling off period, from when he signed last Friday, however the paperwork is very misleading as the way we read it was that this 72 hour cooling off period came into place once we have made an offical booking, which we have not done yet. Is it worth him getting a note from the doctor and writing them a letter? Is there an offical body we could complain to? If anyone could help or advise us I would really appreciate it. Many thanks.

Does vertigo make her more likely to fall, or face other dangers, say? Yes her vertigo and balance problems from the cerebral palsy means she has fallen on many occasions. With vertigo she has severe visual disturbances, which affects her balance this means when walking around she has to hold on to someone to stop herself falling over. She cannot bathe herself or prepare a cooked meal, due to being a danger to herself.

This is taken from the DWP ESA214 document dated January 2012. to get 15 points. 12. Awareness of 15 everyday hazards (such as boiling water or sharp objects). (a) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. Have they now changed this descriptor and added in - "due to cognitive or mental disorder" This is all driving me round the bend. Where can I get a copy of THE LATEST UP TO DATE DESCRIPTORS.

I'm sorry if I do not always use the correct terminology. It is the first time my wife and I have been though anything like this, so please bear with us. Many thanks for all your help/advice to date. Thanks we do have a list of the descriptors which I have printed out for her.

Couple of questions: So does she need to say at the tribunal what she is appealing against? (i.e which descriptor?) Also spoke to the practice manager about getting a gp report for her. The practice manager phoned the court and they said that the first time someone goes to tribunal appealing to be in the support group it is normally stopped and then more medical evidence is requested, but surely this is just a waste of everyones time and the tax payers money. How many times will she have to go to tribunal? I think it costs about £8,000 a time to take an individual to tribunal. Surely the government would be better paying tax payers money on the people who are sick not paying out to take people to court time and time again! This makes me very angry. The practice manager said that once she has seen the neurologist the GP will do a letter for her to take to court.

So even though she sent a revision letter asking for a reconsideration on descriptor 'reduced awareness of hazards', we can change it to the mobility descriptor? This is all so confusing. Here is what she wrote on the ESA50: I cannot walk more than 30 metres without stopping or getting tired, due to three major factors which are: The tiredness and discomfort in my legs, lower back, hips and feet. The stiffness from the cerebral palsy also makes my body tense up when I try to walk, which makes it difficult. Also I have to contend with two major balance problems - one coming from the cerebral palsy mobility limitations and the other coming from tension from the tight muscles in my head, neck jaw and ears from the nocturnal bruxism. The balance problems may mean I have to stop and hold on to something or someone on a regular basis. The DWP incorrectly wrote that at her medical she said she can walk 50-75 metres. So is it there word against hers? I think we might as well give up, because the government are trying to catch her out at every hurdle.

Also forgot to ask, is the doctor at the tribunal just a general GP?

Now we are totally confused: From the DWP descriptors we want to appeal against this: 12. Awareness of everyday hazards (such as boiling water or sharp objects). (a) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. as with vertigo she needs constant supervision. Can we appeal against this descriptor? or are we just wasting our time. The DWP said that she would need to fall into one of the support group descriptors and score 15 points to get into the support group. Also she has cerebral palsy and is in significant discomfort due to tightness, weakness, pain and postural compensations so could we also appeal against this descriptor: (She has been awarded 9 points on the mobility descriptor by the ATOS doctor) (a) Cannot either: (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. I have also written a four page letter to our MP explaining about everything. I don't know if it will help but anything is worth a try. Any advice is really useful. Many thanks

As she is getting constant vertigo and associated syptoms we are appealing against descriptor 10: awareness of everyday hazards. We phoned the court and they told us to send any extra evidence before she goes to court to see the judge and doctor. We are going to send in the following evidence: How it affects her day to day - life limitations. medication and side effects what tried to do to get better what disputing from bundle - the dap have changed the wording on descriptor 10 on purpose. Evidence from private osteopath report neurologist report (appointment on 18th March) Maxio Facial report (appointment on 1st March) Internet evidence of condition? Her gp was never asked for a EA113 form and just sent the DWP a few lines that did not explain her condition fully. She asked last week for him to do a report for her and he said the courts have to request it? which has left us totally confused. We are speaking to the practice manager this week about it.

Hi, My wife has been put in the work related group for ESA, however she is appealing and it is soon going to trial. She has cerebral palsy and as a result of the nervous system being damaged at birth also suffers from general anxiety disorder and nocturnal bruxism (severe night time teeth clenching) which gives her severe pain and vertigo. She was put on ill health retirement in Feb 2012 at 36 years of age. If placed in the support group we would be entitled to about £60 a week, which would be helpful for her private osteopath treatment (there is no physiotherapy treatment on the NHS for adults with cerebral palsy) and special shoes she needs to wear. How can the government expect her to go to a trial and represent herself when she is in bed most of the time feeling very sick and dizzy? What sort of questions will they ask her at the trial? will they all be relevant to her case? do they ask about daily living limitations, and pick out things from the esa50 and ATOS medical questionnaire. Will they try and catch her out? What sort of evidence would go in her favour? She is seeing a neurologist on 18th March and hopes to get a report from him. She is an intelligent lady and worries that this might go against her at the trial. Any help on this would be gratefully received as her anxiety levels are currently very high.

Ok thanks. I will compose a letter tomorrow and let you know how I get on. Many thanks for all your help. Tasha

If she does not reply to the first letter, should I then send a second letter saying that if she does not respond I will have no choice but to take legal action or should I just fill out the paperwork?

OK. Thanks for all your advice it has been really helpful. If have to go down the court route does it cost me anything? will I need a solicitor? Many thanks

Yes its a Romantica of Devon Wedding Dress. Yes I buy/sell on e bay sometimes, so thats a good idea to keep a look on there. Yes she has written the expected sale amounts for each item. If I get no response from the letter, what should be my action then? my friend said I should go round to her house and try and sort it out face to face. Another friend suggested taking her to the small claims court. I dont want to much hassle really just my items back. The landlord did tell me that she has sold some peoples items and not yet paid them their money, so hopefully my items are still in her possession.

I didn't have an address, but I know thats the location where she is from. With the recorded delivery letter, should I put a photocopy of the invoice I have along with photos of the two items? Yes I will take your advice on facebook. Many thanks for all the advice. Tasha