ESA submission

[John B/ham]

yeah it does, i ave to stop 2-3 times because of the pain when i go to bus stop, its onl 3-4 mins away but can take me about 15 usually

[John B/ham]

i have to get up every 10'/20 min when sitting down as my body wieght puts pressure on my back an i start jumping or shaking

plus my legs go numb if i sit to long

[mr_mastiff]

so ive gone through client interview medical conditions

other condition reported

medications

condition hisistory

solical history

description of typical day

and highlighted all the things that are wrong or miss quoted

e.g in drisciption of typical the report states "usually gets up about 10:30" but what i said is i often wake about 10:30 often in pain and i lay there till im able to get up, cud be an hour or more

 

John look at post 49 50 and see if your condition meets the descriptors. Its fine saying you only wake up at 1030 but you have to explain way you cannot get up. Is it due the pain or it may be due to the pain and your condition that you have become depressed and lack motivation to care for yourself. Whatever the reason you must link it to the descriptors.

[mr_mastiff]

i have to get up every 10'/20 min when sitting down as my body wieght puts pressure on my back an i start jumping or shaking

plus my legs go numb if i sit to long

 

Have you put what you have stated in posts 51 and 52 in your appeal letter because those should get you points.

 

How does your back problems effect your ability to do every day things . For example how do you change your bed.

 

what would happen if you did this

 

could you transfer a light but bulky object such as an empty cardboard box what problems would you have.

Edited October 19, 2013 by mr_mastiff

[John B/ham]

well not actually numb, its like when u was a kid an used t play out in the snow, and aftera hour you went in the house, you no how your hands used to burn and throb as they warmed up an you used to cry lol, thats the pain i have in my leg constantly, an my foot is freezing cold,

[John B/ham]

yeah ive grabbed someone in the past coz myback went while at work using a spt welder causing him injury to his hand, then about 3 wks latter i was made redundant

[mr_mastiff]

well not actually numb, its like when u was a kid an used t play out in the snow, and aftera hour you went in the house, you no how your hands used to burn and throb as they warmed up an you used to cry lol, thats the pain i have in my leg constantly, an my foot is freezing cold,

 

Ok you have pain to your legs and due to the nerve problem have altered sensory input to your legs. Have the doctors ever told you that the blood flow to your foot is poor.

[mr_mastiff]

yeah ive grabbed someone in the past coz myback went while at work using a spt welder causing him injury to his hand, then about 3 wks latter i was made redundant

 

Put this in as an example of a dangerous event that as happened due to your back problems. This could be used for both walking and standing on how you could be a danger to yourself and others,

[John B/ham]

no they havent, as all the colour of my foot hasn't changed

[John B/ham]

ok so do put a heading PHYSICAL

sub heading sitting and standing

then write all what ive told you?

[mr_mastiff]

no they havent, as all the colour of my foot hasn't changed

 

OK thats fine, you need to put what you wrote in post 52 but instead of numb would pins and needles be a better way of describing it.

[John B/ham]

Introduction

 

I, xxxxx xxxxx am appealing against the decision made on 08/xx/2013 to terminate my award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on xx/xx/2013. I submit that the Atos medical assessment was in places inaccurate and did not adequately assess my physical and mental health conditions.

 

I suffer with slipped disc's L3/4 and L4/5 which cause's nerve irritation,in the form of sciatica, to my legs,testicles,bladder and bowels, and at its worst leaves me bed bound.

My back problems were caused by a work related incident (lifting) in 1987,i worked for a number of years after, (appox 13) but couldn't hold down a job due to having too much time off sick, as my back wasn't strong enough, and was repeatedly being put out,leading to me either being sacked or made redundant.

For which i take xxxxxxx xxxxxxxx xxxxxxxxxx, 3 times a day, more if i need to.

 

I also suffer bouts of depression and anger, which can last a few days or turn into weeks.

The mental health issues began August 1993, caused by xxxxxxx xxxxxx xxxxxxxxx, i completely closed down, unable to fucntion, mentally and phyically, i've only ever spoke to one person about this, my doctor, and only once, it is something i cannot an will not talk about, as it still makes me upset and angry.

For the depression i take xxxxxxxx xxxxxxxxxxx xxxxxxx once a day

 

is this ok?

[mr_mastiff]

Introduction

 

I, xxxxx xxxxx am appealing against the decision made on 08/xx/2013 to terminate my award of Employment and Support Allowance on the grounds that I have not attained 15 points from the combined Physical and Mental Health descriptors following my Work Capability Assessment (for ESA) on xx/xx/2013. I submit that the Atos medical assessment was in places inaccurate and did not adequately assess my physical and mental health conditions.

 

I suffer with slipped disc's L3/4 and L4/5 which cause's nerve irritation,in the form of sciatica, to my legs,testicles,bladder and bowels, and at its worst leaves me bed bound.

My back problems were caused by a work related incident (lifting) in 1987,i worked for a number of years after, (appox 13) but couldn't hold down a job due to having too much time off sick, as my back wasn't strong enough, and was repeatedly being put out,leading to me either being sacked or made redundant.

For which i take xxxxxxx xxxxxxxx xxxxxxxxxx, 3 times a day, more if i need to.

 

I also suffer bouts of depression and anger, which can last a few days or turn into weeks.

The mental health issues began August 1993, caused by xxxxxxx xxxxxx xxxxxxxxx, i completely closed down, unable to fucntion, mentally and phyically, i've only ever spoke to one person about this, my doctor, and only once, it is something i cannot an will not talk about, as it still makes me upset and angry.

For the depression i take xxxxxxxx xxxxxxxxxxx xxxxxxx once a day

 

is this ok?

 

 

Ok that looks fine, you may need to expand on the mental health side of things. Not on the event but how it effects you now, I suffer from depression and anxiety and from personal experience know how difficult it is to talk face to face with someone about it.

 

You will need to say how it effects you for example does it make difficult for you to meet new people.

[mr_mastiff]

ok so do put a heading PHYSICAL

sub heading sitting and standing

then write all what ive told you?

 

Yes that one way of doing it. Just make sure you cover each point.

[John B/ham]

ok thx for your imput, will get bacck to you when i've type a bit me if thats ok? also where do i write the inconsistancies the hcp wrote?

[Nystagmite]

If this was me, I'd write the ESA descriptor and explain why I meet it.

[mr_mastiff]

John when you are writing about your problems state that the HCP wrote ......... state that is misleading because actually I can only do ........... The important thing at this point is to correct the evidence submitted from your assessment.

 

John see post 66 it may be easier for you to do it that way.

[**Margaret**]

:John B/ham:

 

Here's one way of structuring your submission.

 

From the link to ESA214 in :honeybee13:'s template for a submission;

 

Go to pages 17 - 27 and identify the descriptors that you satisfy.

 

Write each one at the top of a blank sheet of A4 or a word doc. For each one;

 

Quote the incorrect statements from the ESA85 report of your trip to Atos.

 

Explain where the Atos assessor got it wrong, with reference to any medical evidence you've got.

 

Explain why you can't do the prescribed activity (descriptor) with reference to any medical evidence you've got. Lots of us use, 'cos of X (disc protrusion) can't do Y (repeatedly mobilise more than 200 metres/sit for longer than 30 minutes even if I keep standing up to relieve the pain)' with examples of what happened last time we tried. Had to stay in bed the following day and take extra pain killers, or whatever's applicable to you.

 

Write the info into sections in your submission with the wording of the descriptor as a heading for each one. Doesn't matter if the sections are repetitive.

 

You can use the physio report from 2000 so long as it's still relevant. Does it refer to irreparable spinal damage? That continues to restrict walking, wheeling a manual chair, sitting, standing, continence?

 

If applicable, add a paragraph about why being found fit for any work/work related activity would be a risk to the mental and physical health of you or others. Burden of proof is on the appellant and usually needs medical or other confirmatory evidence.

 

Sincerely, Margaret.

Edited October 19, 2013 by **Margaret**

[John B/ham]

thank all,

i've was busy writing this, what d'ya think?

The descriptors i believe apply to my condition in the Physical Assessment are:-

 

1. Mobilising unaided by another person or persons with or without a walking stick manualwheelchair or other aid if such aid can be reasonably used. © 9 points

 

I cannot walk more than 100 metres before i have to stop, having shooting pains in my legs and testicles, my back will twinge as if im going to collaspe, although i do wear a back support to help, walking in it ,in a upright posision and not a relax one , affects the muscles in my neck, shoulders and down my sides with a burning sensation an aching.

[mr_mastiff]

Thankyou Margaret, The more help the better.

[mr_mastiff]

thank all,

i've was busy writing this, what d'ya think?

The descriptors i believe apply to my condition in the Physical Assessment are:-

 

1. Mobilising unaided by another person or persons with or without a walking stick manualwheelchair or other aid if such aid can be reasonably used. © 9 points

 

I cannot walk more than 100 metres before i have to stop, having shooting pains in my legs and testicles, my back will twinge as if im going to collaspe, although i do wear a back support to help, walking in it ,in a upright posision and not a relax one , affects the muscles in my neck, shoulders and down my sides with a burning sensation an aching.

 

Whats happens if you keep having to do it? what do you need to do? did the hospital fit you with your back support because it is technically an aid.

[John B/ham]

on the lower limb -activity outcomes, its just got (none of the above apply)

same underneath standing and sitting

[mr_mastiff]

john try this.

 

In order to walk I have been fitted with a back support which I wear at all times. Without this I would not be able to walk any distance at all. Even with this I cannot walk more than a 100m before I have to stop due to pains that radiate into my legs and testicles. My back will go into spasm which makes it feel like I am going to collapse. My back support does help me to walk but walking in it in an upright position is not easy It places pressure on my neck, shoulders and flanks and after a short period of time cause a burning and aching pain.

If I continue to walk ..............

[John B/ham]

nice one yeah i'll pinch that

cheers

[Nystagmite]

If you can't walk, they'd suggest you use a wheelchair. So you'd have to explain why you can't use a wheelchair.