ESA Appeal Date Looms - in bits

[albatross_]

After over a year from the original date of claim, my Appeal for ESA is to be held on the 2nd June. I feel utterly sudicidal.

 

I have had serious mental health issues since my late 20's im now 39 (living with it *hidden* for most of these years). I had a breakdown in Oct 09 and have been on medication ever since. I dont go out,or interact. Im soley dependant on my 17 and 18 yr children.

 

I have no medical edvidence, as i cant face going out no matter how much i need too...I feel utterly worthless as a human being and If I dont win this really I see no reason to carry on, the stress of being forced into a situ will push me too far.

 

I dont know why im writing this, but if I write nothing else in my life I want this to show how this whole process has destroyed what little self worth I had, and has pushed me to the point of not wanting to be here anymore.

Edited May 23, 2010 by albatross_
spelling

[loan_ranger]

I really feel for you Albatross, unfortunately I'm a bit busy right now but I'll come back later to give support. Be patient because a very nice someone else will be along shortly. Oh, and thank you for joining us at the "ESA Club" mutual support group, we've all got our horror stories to share.

[honeybee13]

Hello there and a big welcome to CAG. I hope I'm a fairly nice someone.

 

Listen, I've been more or less where you are and you are definitely not worthless. The system can make you feel that way, but it's not your fault.

 

I would like to understand more about you not having medical evidence, if you're prepared to tell us more, please? We can help you lots, and you don't need to feel this way, you don't deserve it.

 

Lots of love and please write back. HB x

[loopinlouie]

I am on incapacity at the moment and know although calm at the moment, how i will react when the letter of appt with atos arrives. I have warned my kids. I know how you feel knowing you cant guarantee getting out your own door and its not nice.

 

As hunneybee says it is important to get doctors evidence. I am regulary known for embaressingly last minute cancelling appts because fear not going to turn up, to extent ring them for advise. They were lovely very understanding and kept the appt open and said just do your best.

 

I find it works to book a taxi the day before prepare everything and then try and calm down as best I can. Then last minute throw clothes on and straight in taxi, I end up in quite a state, but get there, its just the fear of having to go outside that completely overtakes us.

 

So if you can get yourself to the doctors, choose an offpeak time at the surgery, they could advise of this and get a taxi there if no friends to support you. Once there you can ask for help, there are a lot of us about. I go weeks/months without being able to get out, but made it to an equally frightening work focused interview, they saw me for about a minute and let me go home, said we have seen all we need

 

People I worry sometimes think of us as a little silly, but they dont. Even if Ive made an utter burk of myself, I am now starting to laugh at least I got there.

 

See how you do, there is a lot of support of this forum, but I do fear without medical help, you will be turned down, as those with the evidence due to new stupid computer programme find it a battle and then have to go to appeal.

 

Do your best, thats all you can do, but please do see your doctor and if have any concerns ask for them to ring you first and see how you go xxx

 

I have mental health problems and epilepsy so know it can be tough, you can come back here as much as you want for support, there are a lot of very nice people here.

Edited May 23, 2010 by loopinlouie

[albatross_]

Firstly thank you for all replies. It makes a difference.

 

At Honey, well I mean the only evidence I would have is say a letter from my doctor but with my appeal on the 2nd June its going to be too late, ive tried and tried to make an appointment to ask him to write a letter but im just no strong enough, and also ive run out of time...so im beating myself up over this.

 

Ahh its just seems so pointless for me to even go through the appeal.

[loopinlouie]

Ask for an emergency appointment for tommorow, please dont give up xx

[honeybee13]

Forgive me Albatross, why haven't you got time? You have over a week if my maths are right, a lot can be done in that time.

 

Please tell us more, we'll do our very best. HB x

[loan_ranger]

I'm just trying to see things from Alba's point of view, I think what is meant by not enough time means time to get a psych referral.

Forgive my stupidity, but could those who've had an appeal and a tribunal be able to confirm my suspicion that;

the appeal is a time waster anyway and usually sides with the 'A'TOSsers and that the tribunal which comes later is more likely to overturn the decision in favour of the ESA claimant.

 

Regards, Paul.

[honeybee13]

PS Albatross. Do you mean you have a tribunal, or an appeal at the DWP with a decision maker please?

 

I put a sticky on the Benefits forum that could help you with an appeal. To find a sticky, you use the back arrow from this message and go into the part of the Benefits forum that has all the titles of the messages. The stickies are at the top of that page and mine is called Suggested Template for an [iB] tribunal.

 

Come to think of it, I could paste a link, which I will do, but I don't know how to do that without losing this reply.

 

Back shortly, HB x

[honeybee13]

Here you go, one link. HB x

 

Suggested template for [iB] tribunal hearing

[albatross_]

Sorry im not very clear, my head is a mess.

 

Its my Tribunal hearing...and I know any supporting evidence has to be in 2 weeks prior, this is the part of my illness those that decide DONT see, i HAD to get this letter but couldnt get myself there...

[loopinlouie]

Any chance of asking for postponment?

 

Your doctor can refer you as an urgent case to community mental health doctor. I forgot the name of the team, but you get seen asap and they do assessment sometimes at doctors surgery and refer for more appointments at the hospital. Dont worry nothing to fear, they listen and assess what help is required.

 

Thing is they write a report to the hospital and copy to your doctor that you could ask for a print out of, it could help.

 

I was seen within the week.

[Fuzzgin]

Albatross, is there any way you can call your doctor's surgery for advice. My surgery will arrange for a doctor to call back. I got sick notes this way for a recent eye inflammation (since they knew I was receiving treatment at the hospital). It may be worth asking.

[speedfreek]

Sorry im not very clear, my head is a mess.

 

Its my Tribunal hearing...and I know any supporting evidence has to be in 2 weeks prior, this is the part of my illness those that decide DONT see, i HAD to get this letter but couldnt get myself there...

 

That is just a guide and does not mean that it will not be looked at or accepted by the tribunal :grin:

 

Have a look at this post http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/260126-esa-tribunal-advice.html#post2934317

 

honeybee13 is usually spot on plus cbbc offers some good advice later on.

 

What works for me is writing down exactly what I want. I had to ask my doctor for a letter for my ESA. As I can't articulate or convey what I want due to the trippy panic attack when ever I leave the house this was the only way. 7 days as agreed later my letter was on reception and it's perfect :grin:

[loopinlouie]

ASTI

 

I think is the name of the team, short term intervention it stands for.

[honeybee13]

Hi guys. I apologise if I'm out of date, but can someone explain the 2 week rule to me please?

 

When I had my tribunal, I think we handed in my/our document on the day.

 

Stay strong, Albatross. HB x

[loan_ranger]

Hi guys. I apologise if I'm out of date, but can someone explain the 2 week rule to me please?

 

When I had my tribunal, I think we handed in my/our document on the day.

 

Stay strong, Albatross. HB x

I'm trawling the web to try and find anything about a 2 week rule, haven't found it yet.

 

I did come across a story of a Tribunal with a good outcome despite being given 0 points by the 'A'TOSsers and it has some good advice for Albatross:

Successful ESA Support Group Tribunal Today (HOORAH?)

 

Regards,

Paul.

[ANDYANDFLO]

Hi guys. I apologise if I'm out of date, but can someone explain the 2 week rule to me please?

 

When I had my tribunal, I think we handed in my/our document on the day.

 

Stay strong, Albatross. HB x

 

Hi Honey,

 

After having a look through the Tribunal Service booklet, all it says is that 'if possible' submit your evidence early. There does not appear to be a 2 week rule as such, but like I was thinking, dropping a bundle of medical notes and opinions going back to 1994 on the Chairmans desk is not going to win me any brownie points. I feel like doing it, but the booklet says that if I did, the case would probably be adjourned until they had a chance to look through it all.

Edited May 23, 2010 by ANDYANDFLO
wrong info

[RaeUK]

I'm sure I mentioned 'two weeks before tribunal date' for sending additional evidence. I think I qualified that with the fact I didn't have the relevant tribunal letter to hand.

So, just to put all your minds at rest, I have dug out said letter and I quote:

 

'If you have any further evidence which you want the tribunal to see, please send it to me at least 7 days before the tribunal hearing. This will give the tribunal time to consider it with your other papers.'

 

I suspect it's a stock letter and, when you get your date, you will get a letter of similar nature...

Best wishes

Rae

[ANDYANDFLO]

I'm sure I mentioned 'two weeks before tribunal date' for sending additional evidence. I think I qualified that with the fact I didn't have the relevant tribunal letter to hand.

So, just to put all your minds at rest, I have dug out said letter and I quote:

 

'If you have any further evidence which you want the tribunal to see, please send it to me at least 7 days before the tribunal hearing. This will give the tribunal time to consider it with your other papers.'

 

I suspect it's a stock letter and, when you get your date, you will get a letter of similar nature...

Best wishes

Rae

 

Hi Rae,

That sounds like the case and seems pretty reasonable. It just gives them the time to look through it all before the hearing. But there is absolutely no reason why you cannot hand evidence over at the hearing. If it is volumous they will it appears, adjourn the hearing to another date. I presume that if it is just a letter, they would read it there and then.

So from my reading, they cannot refuse to accept relevant evidence at any time - just depends how much you want to annoy them!! LOL

[RaeUK]

Hi AAF,

I can see where you're coming from. However, I cannot comment on whether if you turn up with a ton of stuff you could have posted before, the tribunal will simply say 'goodness gracious, better adjourn' as opposed to 'why didn't you send this in earlier? You've had an age to do it'. Fair enough if you only received the supplementary evidence a few days before your hearing...

To be honest, why on earth would you want to annoy the tribunal? They are completely and utterly independant of the DWP and, unlike the DWP / ATOS, actively want to hear and see your medical history...

Best wishes

Rae

[Yet_Another_Atos_Victim]

Hi Albatross, want to wish you luck with appeal and hope you feel better soon. You are an important and worthwhile human being and you have as much right to be on this planet as anyone else. Stay strong for your own sake and fight this evil set-up for the sake of all of us. Take Care x

[Yet_Another_Atos_Victim]

Hi Rae,

 

Many thanks for your encouraging welcome.

 

Yes, I'd like to stick around on CAG.

 

I've been keeping detailed records of the dire behaviour of Atos and fighting their sinister and oppressive actions. I'd like to stay on CAG to help others who are also suffering as you and lots of others are doing.

 

So far I've fought back through requesting help from my M.P., complaining to Atos (for the record as much as anything), talking to CAB and Welfare Rights, and by way of a Freedom Of Information request. Biggest success yet?....getting travel expenses refunded after only 10 weeks! Having telephoned one of Atosh' Chief Financial Officers on his mobile 'phone speeded things up in the end!

 

Thanks again Rae, all the best, John x

[albatross_]

Well my appeal is tomorrow, and for the first time i've picked up the papers and read the atos report and im in floods of tears, the bare faced LIES he has written in the report is staggering...

 

Really why should I put myself through this tomorrow.

[albatross_]

Is it worth highlighting this, at the appeal, he has totally not even described my state at the time of the medical, I was having a panic attack and crying. Saying I care for my children, when its infact the total opposite! Oh god im feeling so anxious and manic RIGHT NOW!!!!!