ESA tribunal help please

[leesa786]

Aww thanks

I have been so stressed for the last 3 weeks since i got the tribunal letter

but since i`ve posted on this forum I feel a bit better but still get low when I think about it.

Its been so hard but my girls are really helping me through this. Since I got my tribunal letter I went downhill again still getting through it slightest thing has me in tears but I will hold them back till i`ve gone to bed. (wish i knew why i was crying) sorry just feeling really low its that time of the night.

[leesa786]

Hi

I have my esa appeal this monday and as i can`t go out agraphobia and mental health issues and continence I have done a lot of research with the help of this forum

Just a quick question as I use incontinence pads given by nhs and in my assessment I told the nurse i still get leakage but she put down `no leakage` I have put that in the submission how would the tribunal look at it I have seen this

 

“If the claimant in fact normally uses a particular type of aid or appliance, then he or she must be assessed as though they were using it. If a particular type of aid or appliance has been prescribed or recommended by a person with appropriate expertise, the claimant must be assessed as though they were using it unless it would be unreasonable to use it.

 

Does it mean that it would still be classed as leakage

[**Margaret**]

:leesa:

 

The tribunal will consider the degree of leakage depite the fact that you're using a prescribed aid. For a tribunal hearing on 25 February tis far too late to worry about a submission that's already been OK'd by :Estellyn: (one of the most experienced contributors to this forum) Far more important to get it sent off, with the letter from the doctor, if you've not already done so.

 

Sincerely, Margaret.

[time4change2]

i would defiantly agree.

 

my sister suffers with bowel incontinence and also has to wear the adult liners and for long journeys she has to wear full incontinence nappies they accepted this as one of the support group descriptions but she does loose full control of her bowels a few times a week when we had her tribunal hearing the last time the tribunal judge wanted to make it clear it was full loss of her bowels and not small leakage

 

hope this helps

[honeybee13]

Hello Leisa.

 

I've merged this question with your previous thread, to keep things simpler. Keep the questions coming so your well-prepared for Monday.

 

HB

[leesa786]

Hi thanks

I`m so anxious and nervous for monday and m last visit to the dr didn`t help think he tipped me over the edge. Last few days all I seem to do is cry at the smallest thing havn`t done any housework i`m so shakey legs a actually shaking can reall feel them when i`m walking

Think everything is getting to me now. havn`t slept for a few days now usually get about 2 hours

so stressed about this just feel like giving up

just needed to rant

[leesa786]

Hi

you have just answered my question too thank you

I have to get my drs letter tomorrow but will be taking it all in with me on monday couldnt get out to post it (agraphobia) hopefully dr will write me a decent letter even though it was a pratt who I had but ask. charging me enough for it. but if i never got it that dought would have been left in my head if i get 0 points again. couldnt do with any more stress. ive got my daughter to write a brief too. noone can know more than her as she is the one who is with me 24/7 (not the atos nurse who think they know best)

i`m getting more and more stressed

[leesa786]

Hi

I`m going to get a letter but had a different dr when i asked for it was a right pratt. didnt want to write it but i was in tears i just told him to look at my record and you will see been like this for the last year was sent to a pschatrist but couldnt handle it talking about my past. but the dr has it all on his system. i hve put everything down in my submission never went to cab/welfare as cant go out. but the help on this forum is unbelievable i couldnt have done it without this forum.

whether i win or lose i want to say thank you to all moderators.

[fi73]

I've not got a date yet as I'm just going to send the letter back saying I want to do to the hearing but I was told when I rang them that I need to put some evidence in that letter to so hopefully the doctors letter will be going in next week then I will write a report myself stating why I think the decision is wrong and how the ms affects me on a daily basis and also staying that my 13 year old daughter is my young carer good luck with your hearing don't stress too much let us know how you get on

[aw248]

Hello i know how you feel i was in the same situation as you, i went to the tribunal last month i was placed in WRAG from support group. The form i filled in wasn't very good esa50. I won my appeal and i was placed in support group.

I would advise you not to worry too much because that will make your health worse. Write a covering letter to the tribunal explaining your illness probably just one page and you need a letter from your doctor explaining your illness, You can take this with you on the day of the hearing and the clark will come 20 minutes before they call you in you can give this to him and the panel will read all the evidence you produced and will call you in and ask you a few questions.

I also suffer from depression i know how it affects people please don't hide your illness from your daughters this will help you cope better. I went to the tribunal with my 16 years old son, had a letter from my gp and the letter i wrote to the tribunal explaining my case. Before the tribunal date i went to a lawyer who called himself the supervisor in the company and looked at my paperwork and said "I cannot take your case on the legal aid because you have no case to answer" i also went to cab they booked an appointment with welfare right adviser, he said the same thing i was very annoyed with the welfare right adviser and i said i wanted to make a complaint to your supervisor, he said "i am the supervisor" then i said in that case i would like to complain to somebody above you. At the end of my discussion i offered to shake hands with him and he refused to shake hands with me. However now i have won my appeal i haven't complained to anyone that's all the past now.

My advice will be don't believe what everyone says at the end of the day you must decide whats best for you, and go with that. But always seek other peoples opinions.

If you feel emotional on the day of the hearing please don't hold back, let the panel see how you feel. Whatever you say, keep it brief and make a clear point. If you have a medical evidence, you should win your appeal.

I wish you all the best.

[leesa786]

Hi aw248

Thank you for that. I`ve tried to get everything in order. But at the moment the slightest thing makes me cry thats what Im worried about incase I just cant get anything across at the tribunal because I cant stop crying. I`m going to put everthing on paper as I dont think Im going to be able to say much. My daughter is going to go with me but Im worried she will get upset seeing me upset and I`ll end up walking out. Feel such a burden on them.

Not looking forward to Monday

[aw248]

Yes i know how you feel it's not easy when i went to the tribunal i was very nervous and worried as soon as i went to the hearing room and panel introduced themselves i broke into tears the lady asked me if i had a tissue and i took my handkerchief out and she said do you want me to carry on, i said yes please i want to be here today and she carried on explaining, i was emotional all the time. Then eventually i got myself together and the work and pension doctor asked me a few questions and i answered him very well. Anything i didn't understand, i asked the doctor to repeat it or say it in a different way so i can understand. Any questions i didn't remember i said i can't remember and i didn't go into long length explanations i just kept them brief and clear. After 20 minutes the judge said i think we have asked you enough questions and asked us to wait outside and they would call me back with a decision. There was only 2 people in the the panel room, one work and pension doctor and a judge. They both were very nice and understandable people. As i said before your gp letter is very important.

[leesa786]

Hi

just ask a quick question

I got a letter from my dr confirming my depression it started in jan 2012 claimed esa in Feb 2012 and went for my atos assessment in mid may 2012 (0 points)

The dr`s letter states that I was assessed for depression in may 2012 and refered for a phychiatrist as my phq-9 was scored at 16 (looked it up means severe depression) I did say I was on antidepressents at the atos examination and it is recorded on there sheet. in my reconsideration i also put down i was refered to phychiatrist so DWP had the details.

The dr also wrote in June 2012 my phq-9 score went to 20 and then in oct 2012 went to 24 (which was when i was at my worst having a breakdown) what i`m worried about is if the tribunal say i was getting worse with the depression

will this go against me as i`m getting so worried now for monday

[estellyn]

Don't worry, all it means is that you had an assessment around the same time as your ATOS assessment and were found to be suffering depression, and further assessments showed a downward spiral. Just helps to back up your case.

[leesa786]

thanks estellyn

i`m just stressing about it keep thinking the worst.

because the dr has also put in the letter that i used (past tense) to have suicial thoughts should my daughter (whos going with me) recommend regulation 35

[estellyn]

thanks estellyn

i`m just stressing about it keep thinking the worst.

because the dr has also put in the letter that i used (past tense) to have suicial thoughts should my daughter (whos going with me) recommend regulation 35

 

It's worth making an argument on the submission that you were suffering severe depression that was getting worse, and that any additional preesure, for instance work related activity would have caused the situation to be much worse. It's worth googling what different work related activity people on ESA are having to do, so you can give concrete examples of what you may have been forced to do. And also point out that while appealling you didn't have to do any work related activity and yet your condition worsened - work related activity would equal increased pressure on an already worsening mental health condition. It's a difficult one to win, but always worth a try.

[leesa786]

Thanks for that

 

Just another quick question should I argue for regulation 29 and 35 together to be placed in the support group or just one of them as I got 0 points in atos assessment.

I thought if I was in WRAG group then I could argue for reg. 35

As I got 0 points i can only argue for reg.29

Or do I mention reg. 29 and 35

i`m so confused

[Nystagmite]

You only have to meet one criteria for the support group. However, I would argue both, just in case they decide you don't meet the criteria for one of the regs.

[estellyn]

Thanks for that

 

Just another quick question should I argue for regulation 29 and 35 together to be placed in the support group or just one of them as I got 0 points in atos assessment.

I thought if I was in WRAG group then I could argue for reg. 35

As I got 0 points i can only argue for reg.29

Or do I mention reg. 29 and 35

i`m so confused

 

Basically you don't know whether the Tribunal will award enough points for WRAG or not. If they don't award enough points for WRAG, then an argument for reg 29 could help you get into the support group. If the Tribunal do give you enough points for WRAG then you can only argue reg 35 - but yes, a paragraph covering both can suffice as long as you point out that both work and work related activity would, at the time of the assessment caused a significant risk to your mental health. Give examples of typical work related activity that ESA claimants are having to undertake, and why this would have been harmful to your worsening condition, and why work itself would have put your mental or physical health at risk.

[leesa786]

Thanks for that

I have googled all the info. and kept it brief but to the point about how it would have affected me had I been placed in the wrag group.

just getting all the copies and get everything in order

So nervous now have to be there for 10 tomorrow

Just thinking should I go in my PJs thats what I`m usually in.

Trying to be positive

[estellyn]

Thanks for that

I have googled all the info. and kept it brief but to the point about how it would have affected me had I been placed in the wrag group.

just getting all the copies and get everything in order

So nervous now have to be there for 10 tomorrow

Just thinking should I go in my PJs thats what I`m usually in.

Trying to be positive

 

Good luck! Clothes are always a good idea, but don't make any other special effort - be how you normally are.

[aw248]

Hello, how did you get on with your tribunal hearing?

[leesa786]

Hi

Sorry for not letting you all know went to tribunal on monday worst experience ever got a drilling.

They never gave me the decision srtaight away and said they would write new I lost

but I got the letter today and I won got 18 points on wrag not to be assessed for 1 year from the date of tribunal.

I didnt want to say anything as I didnt want to be negative to anyone going for the hearing

but I WON im so happy I can focus on getting better

Thank you to every one who has helped me:-D

[leesa786]

oh and thats from 0 points to 18 points

[estellyn]

Well done leesa, great result!