ESA50 lack of supporting evidence

[claire1981]

I have filled in an ESA50 as I was unable to get to ATOS in Feb. They waited 6 moths to call me to assessment, by which time my support worker had left (benefit now reduced). My last ESA50 was filled in not very well by that support worker a year ago.

 

I have answered honestly. Stated I can't walk as it causes me severe pain due to migraines, hydrandentis suppuravita & morbid obesity. But I'm not sure what evidence I need to support this. I have mentioned these things to my previous GP, but the fact I could get in to tell them last year & wouldn't let them see me crawl- I think they have interpreted as lack of severity. I refused to show private areas & so only have hydradetis suppurativa as 'possible' on my medical summary. My migraines have been recorded as 'headache'.

 

I can send letter from clinic that diagnosed asperger's syndrome last year. Though I really forced myself to go to it & experienced much fear/panic. I was driven to assessment last year by support worker who attended. But the fact I could get to this might be used against me? I haven't been out in 6 months now though.

 

I also have a letter from GP confirming that due to phobias I have not been out in 5 months & can't get to examination center. I think GP did this to stop me keep requesting medical certificates. As now GP has not sent back my latest SAE requesting one.

 

My problem is that because I spend all day in bed & am housebound, I cancelled 2 neurology appointments a few years ago due to fear/anxiety of going out/people. So have not had any diagnosis or assessment for cause of blackouts & absences. So I have no evidence of these- just in my medical notes a few bits GP has noted incorrectly from few appointments. I have written to my GP a few times asking for help & treatment, the GP does not reply. I have difficulty using the phone & have no one to help- so am not getting anywhere.

 

My statement for fitness for work has been listing depression. Though not sure how they get that as I informed past/present GP I feel suicidal on daily basis- not all depressed people are suicidal!

 

It just feels like there's nothing I can do to actually prove my disabilities affect me severely. My support worker passed me over to an advocate who abandoned me. This is not helped by the fact I only see 2 people ever- my mother & 6 year old child. My mother is the sort who sees my asperger's syndrome as something I choose to have & what lazy people are called! And she labels me lazy & filthy (bed sheets covered in blood etc). Though oddly she's happy to take my carers allowance £60 from my ESA/child tax credit & child benefit from my bank account- despite calling me a scrounger! I have no one supportive in my life & so when it comes to providing evidence or showing true extent of my problems it becomes impossible.

Edited August 13, 2013 by claire1981

[**Margaret**]

:claire1981:

 

Right, Jobcentreplus insisted you close your claim for income support cos a change of circs meant you no longer qualified as a lone parent. Completely new claim via phone or ESA1 claim form for employment n support allowance. So far as I can see Jobcentreplus are currently paying you the correct rate for the stage of your claim. No idea what happened at the start of your claim for employment n support allowance but I can't find anything to suggest linked claims or transitional protection.

 

A new ESA50 won't constitute a new claim (which would need Jobcentreplus to close your current claim, and then another telephone claim or ESA1 form). Should the (eventual) determination be that you've limited capability for work/work related activity, you'll be due arrears of whichever component you're awarded, from week fourteen of your claim. Jobcentreplus may try to recover what appears to be a pre determination overpayment from the arrears but you can deal with that if and when it happens.

 

Send copies of the evidence you've already got with the ESA50. There may be something useful among the medical records held by your doctor. A subject access request gets everything they've got on computer for a tenner. Your doctor has forty days to respond to your request so you'll not be able to send anything useful from your records with the ESA50 but you should have your records before Atos find an audio recorder.

 

Important as your problems with this assessment are I think it's equally important that you find some help and treatment for your adverse health conditions. If only for the sake of your child. Grandma's probably doing a great job but your child needs Mum as well. Last week you managed to phone Jobcentreplus. Can you think about calling, or writing to, a branch of Mind/Rethink in your area. Got to be easier than a Jobcentreplus contact centre.

 

? Best wishes, Margaret.

Edited August 13, 2013 by **Margaret**

[honeybee13]

Hello there.

 

I'll move this to the main benefits forum, as this one is intended for questions about Atos itself.

 

I'll leave you a redirect.

 

HB

[claire1981]

Thanks for the info.

 

I did a subject access request few months ago, that's how I knew they had an ESA50. My old support worker completed one (incorrectly & didn't even put that he had written it). No one has ever contacted me by phone, I have been forced to call DWP few times or have no money. I couldn't see a 'ESA1' in access request or my home records? Was forced to attend lone parent 6 monthly interviews on IS. During last one- last year they filled out a form & made me sign it? I always take photocopies of everything I send to them & that was only thing I couldn't copy. They demanded it be filled in on the spot & filled it in for me as I informed them I couldn't see due to migraine.

 

Are you saying they will accept me sending a new ESA50? If I send this now a year after first one, can't they just close my claim if they don't like the fact I will have listed many difficulties not present on the past one?

[**Margaret**]

:claire1981:

I meant a subject access request for the medical records your general practitioner holds about you.

Jobcentreplus can't close your claim cos they don't like your ESA50. Doubt a harassed processor will even read it before it gets sent on to Atos.

Margaret.

[claire1981]

I have done lots of record request (8 GP) (4 HV & primary care trust) (2 hospital) (ATOS & DWP/JC) (Police) (10 Social services) (Floating support worker). This is why I changed surgery twice. GPs/nurses were rude & unhelpful- tried to get rid of me. Staff all stuck together & implied I was being deliberately difficult. But really they were not recording what I said correctly & when I asked for amendments to be added stating problems I reported- they refused. They refused to acknowledge problems or help. It's true that they expect you to help yourself (ie attend clinic/hospital) & if you can't then that's it- they slag you off/don't want to know & you get no support from them! I think I have been put on some kind of blacklist by past surgery, as my current GP is also very unhelpful. I don't think it would be wise to request medical records from him too- it will definitely look as if Im being deliberately difficult- as past GPs implied.

 

My Daughter is well cared for, social services have had proof of this & that's all they care about. They didn't care how I was at all, despite trying to get help for myself from social services. My local council apparently use local charities to provide support workers & I had to constantly beg to even get referred to 1. The charity could only afford to take on select clients & provide basic form filling in/occasional home visit for 2 years & then close client files. Though mine visited occasionally for 5 years- but then that's it- nothing. The support worker told me nothing of disability benefit & it was only by chance in past 2 years that I overheard someone watching 'saint & scroungers'- to hear of DLA.

 

I have always found going out something I rarely can do & I've only been out a handful of times in the past 11 years. Those times were to GP/hospital during pregnancy/JC & DLA appeal. Even my child was conceived via anonymous at home sperm donation. I could probably count the number of people I've seen in this time on 1 hand & even this caused me severe anxiety.

 

I don't think ATOS or DWP ever bothered reading the last ESA50, it's like they only read them if it comes to appeal. I was hoping to avoid appeal as my condition is much worse now, I wouldn't attend tribunal & most who don't attend seem to lose.

 

It's like they are trying to trick me to attend the WCA. The ESA50 seems to have a descriptor for support group, for those with an autistic spectrum disorder, such as asperger's (under part 2 mental, cognitive & intellectual function- social interaction) but once attending WCA this will kind of disprove severity/entitlement. I was suspicious of their illogical response to my claim before, but am almost convinced of their deception now. They really are trying to force me to go. They nor NHS are responding to letters. DWP/ATOS have just left it that I must book an ATOS assessment.

 

There has been no communication from DWP/ATOS/JC apart from DWP letter dated march but received July- which just says good cause for not attending ATOS in Feb was accepted on this occasion- but must attend if asked to again. ATOS records imply they received no reason for non-attendance from me but acknowledge I'm vulnerable. Whereas in reality they never tried to ask me, but I did send in reasons myself! Even though also sending them GP letter stating I can't get to it- they have not contacted me or even acknowledged this or any other further communication sent. Out of panic many would have attended by now, as the phrase you must attend or WILL lose benefit/claim closed- had been banded around by them in all written/verbal contact.

Edited August 14, 2013 by claire1981