Help required with ESA

[sja75]

Erika

 

Thanks for the advice.... I shall read that link.

 

Thank you so much.

 

However I still can't believe I being so dumb regards this, kicking myself

 

Regards

[Psychoduck]

MY last suggestion here for you, as I can't really say much more without repeating myself:

 

Phone the Tribunal service, and ask to have your tribunal done without you in attendance, and ask if you can send in your evidence and appeal in the post. They should let you, it's an option on the forms they send out (I have one in front of me)

 

Send them an up to date medical note from the doctor.

 

Write up on your computer, or on paper if you have no printer but make sure it's readable, exactly what your problems are and the lengths you've gone to sort them out. Explain that you sought help from the local alcohol group, but due to your social issues the inclination of drug abuse being your reason for going has made you anxious about returning and has left you feeling worse than before.

 

Ask your doctor (when you go for the medical note) if he can refer you for counselling on a 1 to 1 basis. This wont be at home, but will usually be close by and you can be picked up and dropped off from some of them, which may help a little with not drinking before you go (the lift to and from counselling helped my wife a bit with her anxiety about leaving the house). The counselling will be long term, probably behavioural therapy and may take a long time before you get referred and actually see someone, but once you've asked for it and the ball is rolling make sure you stick it in your Tribunal defence write up. You're aware of you issues, you know you're not well mentally, and you are seeking help in any way you can and have asked to be put with a counsellor. This will definitely help you, both personally, and from the point of the tribunal team too.

 

Not much more I can say, other than to wish you well. I've been through a terrible time with ESA myself, due to them not really recognising mental health issues as being as disabling as they can be. But the Tirbunal team will always have an independent Doctor on the panel and it is essentially his word which is taken as final. He's not paid by the DWP, and has no motivation to lie. IF your medical records back you up, and you've shown willingness to find that help but are still not ready for work yet, he will make sure they know and you will have no worries.

 

Once again, good luck.

[RaeUK]

Whilst there's not been anything that I can add or advise, I'm very glad you've had some responses ...

[speedfreek]

Psychoduck I agree with it would be best not to turn up to a tribunal drunk and alone. Although people have done this an won due to that fact it's very risky and a lot of Tribunal panels will not accept this.

 

I disagree on how to go about things as I believe that sja has some quite unique support options at their finger tips which they just need to ask for!

 

Now this will be tricky since we can not name names here but we will call the organisation sja is currently seeing CMP1

 

CMP1 if you read their website offers a total life package;

 

housing, alcohol treatment, benefit support, home visitors, Mental Health counseling, you think of it and it's on their website or you can bet your bottom dollar they can pick up a phone and request it from another external to them organisation.

 

99.9% of this board would kill for even a fraction of what CMP1 is offering. sja needs to read CMP1s' website and then ask them for adjustments and access to the services that they offer. It's as simple as that!

 

If you can't leave the house by yourself without being a bit sozzled a couple of simple adjustments may be;

 

a friend service to accompany you leaving the house if having somebody else there helps.

transport to and from the place

telephone or home visits for the interviews

 

There's options sja just has to find, consider and then try them.

 

Now on this rehab business. As I've said if you want to claim ESA now you have zero option on this as the law has changed! No rehab no ESA it's as simple as that.

 

Want to win that tribunal? Getting in a rehab program will show them you needed therefore are getting help and it will provide evidence of your dysfunction to further seal the deal.

 

Also until the booze problem is managed you will not get offer any support for any mental health issues.

 

An interesting point of note here is the the regulations that brought this in also expanded the automatic awarding of/right to full phase ESA to anybody undergoing alcohol rehab in a residential environment i.e. hospital, detox house, therapeutic community etc.

 

Given the issues you are having I seriously suggest you start considering some sort of residential alcohol/detox program. They are for people with acute problems that are isolated and need social support. Okay they're a bit scary but no benefit issues for a while plus although you may lose your flat/house now they will assist you in getting a new one afterwards.

 

The other option is community based rehab and a lot of support services in place to assist you with daily living etc.

 

Both of these are being offered to you by CMP1 so it might be wise to start making some serious inquiries with them about this!

 

As for being forced; with the issues you're reporting here it's only a matter of time tbf until some agency takes charge! At least this way you have a choice and a say in this (although limited) it's far better than the alternatives.

[honeybee13]

Excellent advice from Speedy there. I've certainly learned something.

 

I've also removed the thread you had running in the Welcome forum with CMP1's name in the title.

 

HB

[**Margaret**]

honeybee13:

 

'I've certainly learnt something.' Me too.

Kept out of this one yesterday cos it was complicated by the alcohol issue.

 

sja75:

 

'Want to win that tribunal?'

 

:honeybee13's: sticky is an excellent starting point for a tribunal submission.

We used it for a complaint to Atos which was partially upheld.

Thankyou :honeybee13:

 

Another guide to writing a tribunal submission, that we found useful:

Factsheet 36 on the Disability Rights UK website.

 

Coincidentally, I've seen three tribunal decision notices in as many weeks. All of them upheld. All of them included the phrase:

 

'The Tribunal received cogent oral evidence'

 

Get there if you can, best wishes, Margaret.

[sja75]

I can't thank ALL of you guys enough for your time, advise and your consideration you have all shown to me. Extremely grateful.

 

I am seriously considering some kind of treatment, although I am sure I am at that stage yet. Even CMP1 acknowledges this. Prior to meeting CMP1 I wouldn't have even considered giving up the booze. NEVER. They obviously had an effect with the addition of attending AA meetings. So I appear to be making inroads.

 

However the decision has to be my own and not be forced into rehab. Should the latter be case it would it wouldn't work, that simple. There would be stand off!

 

As previously mentioned I am being handed over to CMP1's Area Manager as my current advisor is leaving. So the relationship I have with CMP1 may change, having built up this relationship my current advisor.

 

I do have some queries if I may ask.

 

1. My doctor has in the past refused referal to counselling states that I would just continue to drink.

 

2. I asked CMP1 once for help to go to the doctors with me, he said he couldn't, stating they are just a work based organisation only.

 

3. Where can find info the types of rehab whether it be residential or community based. What can expect? What happens? It would be great to read other peoples experiences of rehab. In addition to this, why would I lose my flat? That's obviously something I don't want to happen.

 

Although Speed Freak states CMP1 offers a total package, I have had an indifferent experience based on question 2.

 

It's great to get independent advise like this from you guys. Let's not forgot CMP's commercial interest in me to the tune of 14k I understand! So what they may or could tell me may not necessarily be the case. I will enquire into CMP1's package as mentioned by SF.

 

 

Many thanks in advance for any advice.

[sja75]

Hello Margaret

 

The tribunal submission was sent back in April, using there standard reply form, requesting a hearing.

 

Have a missed something here? Thanks

[sja75]

Me again Margaret...!

 

Physically attending the tribunal (when it is announced) is going to be a problem without being intoxicated. It seems to be frowned upon albeit I use it to self medicate. So I will have to do the other suggestions posted on here.

 

Regards

[sja75]

Hello

 

Are any of you guys online at all?

 

Could anyone please answer my last few posts.

 

Many thanks

[honeybee13]

Hello Margaret

 

The tribunal submission was sent back in April, using there standard reply form, requesting a hearing.

 

Have a missed something here? Thanks

 

When I went for my tribunal hearing, we sent the submission document that the forum sticky is based on. You have a link.

 

You can also send medical evidence if you have some.

 

HB

[sja75]

Hi HB

 

I am getting confused somewhat.

 

What is this submission document? The only document I have returned to the tribunal service was the standard form they posted me, I completing at asking for a hearing.

 

I am lost here

[sja75]

In addition to all of this, this thread had being commented on dwpexamination.org

 

What's going on! There website is slow and I can't access it now after my initial posts thereafter the posts made here.

[sja75]

And what is sticky?

 

I am new to forums....

[honeybee13]

And what is sticky?

 

I am new to forums....

 

There's a link to it in post #22 of this thread. I sent this document to the tribunal office about a week before my hearing. Not when I informed the DWP I wanted to appeal against their decision to stop my benefit.

 

As this is a self-help forum, the document is something only you or someone like Welfare Rights can put together.

 

HB

[sja75]

Hi HB

 

Thanks

 

I think I am with you now. So your saying the tribunal will write to me prior to the tribunal and giving me the further right to reply, THE SUBMISSION LETTER?

 

I apologise I am only using a phone to access this site, it appears to have limited functionality.

 

I can't see post numbers as you could on a computer.

 

Additionally I hope the other guys pop on later to see my queries i have raised today.

 

Thank you for your help it means alot

[sja75]

Not forgetting I have already replied to the tribunal service requesting a hearing. Are we on the same page HB? Still confused a bit, sorry...

[sja75]

Please have a look at

 

http://dwpexamination.org/forum/general-discussion/work-programme-and-esa-how-does-that-work-then/#p51127

 

Its none responsive when I try.

 

What's going on? Some body has posted my info on that site from this thread. I found this site looking for other info.

 

Help!

[honeybee13]

Once the tribunal tell you a tribunal date, you need to get your submission document [as per the sticky] ready and send it and any medical evidence to the tribunal service a week before your tribunal hearing.

 

Stickies are on the front page of this forum, where you can see all the thread titles. Scroll up from those to the yellow section and that's where the stickies [permanent posts] are.

 

You need the last one, Appealing or going to a Tribunal? You might be less confused if you read it.

 

HB

[**Margaret**]

sja75:

 

'Have I missed something here?'

'Fraid so.

 

There isn't a standard reply form for a tribunal submission. Think the form you returned to them in April was probably the pre-hearing enquiry form which asks whether you want to turn up and talk to the tribunal.

 

A submission to the tribunal is your evidence, written or oral, explaining how you believe you satisfy the legal criteria to be awarded the benefit. Put simply, you need to accumulate 15 points against the employment and support allowance descriptors or qualify through exceptional/special circumstances. Google ESA214 for further info. Obviously written evidence becomes more important if you can't turn up to give oral evidence.

 

Sorry, can't help with whether or not you'll be well enought to turn up. Know zilch about alcohol issues or condition management programmes.

 

Wishing you well, Margaret.

Edited August 16, 2012 by **Margaret**

[sja75]

My head hurts...

[honeybee13]

Take it slowly, I'm sure you'll get there, you have lots of information now.

 

Have you tried re-reading your thread?

 

HB

[**Margaret**]

sja75:

I've crossed with :honeybee13:

Take five, then follow her advice. You can read my post later.

Margaret.

[antone]

Please have a look at

 

http://dwpexamination.org/forum/general-discussion/work-programme-and-esa-how-does-that-work-then/#p51127

 

Its none responsive when I try.

 

What's going on? Some body has posted my info on that site from this thread. I found this site looking for other info.

 

Help!

 

I was able to access it, and yes, somebody does appear to have posted up information from this thread. We at CAG have no connection to that site, you should contact the moderators or administrators over there to enquire about getting identifying information removed.

[sja75]

Thanks you both.

 

So your saying I need to have the SUBMISSION DOCUMENT pre prepared ahead of BEING asked to attend the tribunal? @ HB

 

I will Google that @ Margaret.

 

All this is a mine field tbh.

 

Thanks for you help and consideration.

 

Regards