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    • Guidedheart
    • By Guidedheart 13th Sep 17, 12:26 AM
    • 4Posts
    • 1Thanks
    Guidedheart
    ESA tribunal representative help? Liverpool
    • #1
    • 13th Sep 17, 12:26 AM
    ESA tribunal representative help? Liverpool 13th Sep 17 at 12:26 AM
    I've had my esa hearing where I only scored 6 points, I went with a friend but as he didn't enter the room with me, even though I asked the woman is it just me and you? She said yes so I said to my friend in front of her ok you can stay here. She put me down as attending alone. My friend sat with me 45 mins and we discussed books, graphic novels some of which he brought with him to distract me.

    I tried to explain myself as clearly as I could, but couldn't think of everything. I wept openly talking about my struggles with depression, anxiety and stress especially since my brother died 3 years ago. I'd had an operation on my face/neck in October and that brought up all the anxiety. She asked me if something small was off will it destroy everything? I thought about it and was like in my head if I missed my bus, lost my pen or something "no it wouldn't destroy everything" I didn't think about how easily I crumble into tears with even the slightest thing, a bad comment, a look.

    I said I only really go out with someone with me as I get anxious and sometimes get lightheaded and palpitations if alone or stressed in these situations. I only walk my dogs in the night after its dark and I go with my stepdad, it's dead out so I'm ok. I said I might see one or two friends, maybe go see them with a lift and that sometimes I go weeks without seeing anyone. She wrote that I see different friends every 3 days or so.... I'm like wtf?

    I did take a folder of paperwork and explained some folded over was my sick notes in case the lost any, and then hospital appointment letters and appointment letter for my counselling too. She said I don't need to see that.

    The woman said I was dressed and presented myself well (can't remember exact wording) but I hadn't showered in 10 days as I hate to be naked and exposed and the pressure of the water on me. She asked me do I have any intentions to kill myself right now? I said no as I'm trying each day to carry on, to stay strong. Since my last real bought of I'm about to do it. I struggle each day. She wrote no thoughts of self harm. I'm like she didn't even ask that.....

    Anyway I failed and asked for a mandatory reconsideration I wrote a letter and sat and poured my heart out 5 pages of how much I hate being alive and wanting daily to just end it all. Like so much additional information about my life. It came back no additional points, so failed. I can't believe nothing I wrote changed anything, it's like they just read her stuff again and ignored mine. Nothing addressed even wrote at the end it's difficult to talk about these issues face to face but when writing it just pours out.....

    So my appeal letter was finally accepted, I asked for oral as that has the most chance. I asked for more than 2 weeks notice so it's not sprung on me. I went to citizens advice to write my appeal letter and they gave me the wrong address to send it too. So it came back this is not the right address we don't forward things send it again....

    Anyway CAB tells me they no longer send repreaentatives with people to the tribunals as the dwp is making it very difficult for them, she says they can only assign someone if you get a referral from your gp. I go to go and explain it she knows my situation and says I can't refer anyone to citizens advice, it's it possible it's not on her system. Nothing she can do.

    So now I'm !!!!ed, no clue what help toget or who to turn to. I found a website that offered tribunal rep for esa appeal hearings, finally speak too guy who says he charges like £600 to go with it with you. I was like I'm broke that's why I'm going through this hell. I looked up welfare rights as I'd seen them on a few forums, googled them got Liverpool one and the links don't work. I'm drowning here and no clue who to turn to? Who can help me? I don't want to go through this hell and fail.

    My last issue is I'm on probation but the dwp doesn't know this and though I've been to counselling through probation anything paper wise I get from them to support my case will tell them it's from probation. Someone told me I can use these and don't have to tell them what it's about, is this right? Would I have to disclose to them what this is about? It's not dreadful but it's still my record now and I'd rather not declare it until it's spent next year.

    Questions recap
    In Liverpool
    How do I get someone to represent me? And who? Got no money must be free
    What more help can I get? My dr gave me a letter but it just pretty much had my medication on no personal info otherwise about my condition. I can ask my other dr who regularly treats me (he was away but she was nice even gave me a hug and put down a psychiatrist referral).
    I'm doing a support group in probation and have a case worker who says I Defo shouldn't be going back to work yet. She said she would give me a letter too but I was worried them knowing my probation status.
    I'm doing online cbt course with weekly phone calls with counsellor who knows a lot of my !!!!, buts it's only been about 7 weeks, can I ask him for a letter? A know more professional people the better.
    Did that woman at CAB steer me wrong about referral or do I need it from someone else? What am I missing here to get the help I need.

    I got my appeal papers less than a week ago so I guess it coming soon. Oh yeah and my friend who went with me last time has just started a new job so don't know if he can go with me again if it's soon as his job is very new. I don't know what I'm going to do, the other friend who knows as much is a bit of a loud mouth and may let me down if I ask him to come with? He was supposed to come when I went to court and bailed last minute with some unexpected work, so I was left to face that alone.

    Please help I'm so lost.
Page 1
    • _shel
    • By _shel 13th Sep 17, 7:35 AM
    • 1,080 Posts
    • 1,842 Thanks
    _shel
    • #2
    • 13th Sep 17, 7:35 AM
    • #2
    • 13th Sep 17, 7:35 AM
    Which CAB did you ask? I'm in south liverpool and we support this but usually only when we've supported with the application, but not always. South has a drop in today.
    Last edited by _shel; 13-09-2017 at 8:55 AM.
    Thanks to everyone who posts competitions
    • Tommo1980
    • By Tommo1980 13th Sep 17, 9:12 AM
    • 301 Posts
    • 390 Thanks
    Tommo1980
    • #3
    • 13th Sep 17, 9:12 AM
    • #3
    • 13th Sep 17, 9:12 AM
    Don't worry about your probation situation. You can disclose as much or as little as you feel relevant to your application. Get the letter - it certainly can't hurt.

    Tom
    • Guidedheart
    • By Guidedheart 14th Sep 17, 8:35 PM
    • 4 Posts
    • 1 Thanks
    Guidedheart
    • #4
    • 14th Sep 17, 8:35 PM
    • #4
    • 14th Sep 17, 8:35 PM
    North Liverpool county rd, they helped with appeal like
    • Alice Holt
    • By Alice Holt 15th Sep 17, 11:24 AM
    • 1,552 Posts
    • 1,657 Thanks
    Alice Holt
    • #5
    • 15th Sep 17, 11:24 AM
    • #5
    • 15th Sep 17, 11:24 AM
    You say the CAB helped you with the appeal. Have the CA prepared a submission for you?
    This will be more useful than coming to the tribunal with you, as at the hearing the tribunal want to hear your verbal evidence. The CAB may be able to help by setting out why (and which descriptors apply) you should be entitled to ESA, and submitting that statement to the Tribunal Service.

    Here is some info:
    http://www.mybenefitsandwork.co.uk/med2/indexxx.php
    http://www.cpag.org.uk/content/making-exception
    http://www.advicenow.org.uk/guides/how-win-pip-appeal (deals with PIP, but the appeal process for ESA is virtually the same).
    • epitome
    • By epitome 16th Sep 17, 12:04 PM
    • 2,986 Posts
    • 1,818 Thanks
    epitome
    • #6
    • 16th Sep 17, 12:04 PM
    • #6
    • 16th Sep 17, 12:04 PM
    Why don't you want to tell DWP you are on probation?

    DWP will not care about probabtion.

    Were you in prison whilst you were claiming ESA and continued to recieve ESA whilst you were in prison?

    When did your ESA start?
    When did you go into prison?

    If you want to complain against the HCP (Health Care Practitioner), the interviewer you had and the report they wrote... you can complain to CHDA 0800 2888777, If you are not satisfied with their response you can take your complaint to I.C.E. Independant Case Examiner.

    If you are still not satisfied and your complaint is about the conduct of a HCP and you think they have acted unprofessionally then you can complain about them to:
    If a Nurse, complain to the NMC nursing and midwifery council
    If a Doctor, complain to the GMC
    If a Physiotherapist, complain to CSP

    No idea about a CAB representative to come with you, but Alice Holt's reply seems to have addressed this... if the C.A.B. write a submission for you, then when you are at the hearing the panel will most likely, want to speak to you not to your representative. But I have no experience of tribunals and what can go on there.

    I do know that some people offer a Pro-bono service to help you with tribunal which means, they do it for free and take 40% of your award...but I don't know how you would find them..... Perhaps ask a local solicitors who say they specialise in benefits?


    Are you getting paid ESA now..whilst waiting for the appeal?
    • Guidedheart
    • By Guidedheart 22nd Nov 17, 12:43 PM
    • 4 Posts
    • 1 Thanks
    Guidedheart
    • #7
    • 22nd Nov 17, 12:43 PM
    No prison
    • #7
    • 22nd Nov 17, 12:43 PM
    My ESA started last October when I had surgery. It went to medical which I didn't get enough points. I did not go to prison yet I'm still ashamed to tell anyone I'm on probation especially the dwp it's more likely to hinder me than help me. I got a fine and unpaid work. All the girls there seemed to have the same issues as me. They didn't fail their medicals. Apparently I gave too much eye contact and wasn't constantly rocking back and forth.....

    After my appeal was accepted I was given ESA again, not that at this point it's more than regular dole.

    I finally got my appeal date it's on 11/12, I'm so terrified and apprehensive. I'm as scared as I was when I went to court, that ended with my probation.....

    I'm gonna try again at the citizens advice tomorrow, even as you say if they can just help me with getting everything straight that I have to say. I've begged my friend who went with me last time to get the day off work, he said he'll try to book it off or swap with someone. I have literally no one else to ask to go with me which is another reason I wanted someone from CA to come as I will panic alone completely......
    If that citizens advice still can't help, both times I went it was the same woman helping me...... I'll have to try another one.

    I did manage to get someone on the phone who goes to these things all the time with people but he was from down south and literally said he charges £600 minimum to go with you, I went the food bank last week and have 40p till Friday when I get paid. If I had that kind of money........ I wish.

    They make these things as difficult and confusing as possible so people will just give up, I'm not looking to go on the sick for the rest of my life, I just need a bit of time without all this stress to right myself. I'm tearing up just writing this, it's so heartbreaking everyday. I had cbt course and now I'm seeing a therapist, only two sessions in like, I've also signed up for liferooms.org on her advice. I've felt this dreadful for years but just powered through, kept quiet, now I reach out trying to get help and I feel even worse.
    • pmlindyloo
    • By pmlindyloo 22nd Nov 17, 1:40 PM
    • 10,848 Posts
    • 12,709 Thanks
    pmlindyloo
    • #8
    • 22nd Nov 17, 1:40 PM
    • #8
    • 22nd Nov 17, 1:40 PM
    Have you tried this organisation?

    https://secure.thebiggive.org.uk/charity/view/3080/merseyside-welfare-rights
    • Guidedheart
    • By Guidedheart 23rd Nov 17, 1:19 AM
    • 4 Posts
    • 1 Thanks
    Guidedheart
    • #9
    • 23rd Nov 17, 1:19 AM
    Thanks
    • #9
    • 23rd Nov 17, 1:19 AM
    No I've not heard of them before. I'll Defo give them a call asap.
    • epitome
    • By epitome 23rd Nov 17, 11:38 PM
    • 2,986 Posts
    • 1,818 Thanks
    epitome
    Off topic but how do you get to probation if never been to prison?

    Were you convicted in a court?

    Maybe it is not probation maybe it is commuted sentence with conditions attached or something?

    Either way don't be concerned about letting DWP know the only thing DWP will be bothered about is if you were in prison, because prisoners are not allowed to claim benefit. if you have medical evidence that you think is relevant then send it in no matter what source it is from.
    • xXMessedUpXx
    • By xXMessedUpXx 24th Nov 17, 12:51 AM
    • 17,025 Posts
    • 44,761 Thanks
    xXMessedUpXx
    there might be help here http://www.fightback4justice.co.uk/ i used them to help with my pip renewal, they were really helpful and i got it re-awarded.
    "Life Is Like A Beautiful Melody Only The Lyrics Are Messed Up"
    To see the rainbow you need both the sun and the rain to make its colours appear
    weight lost: 1lbs
    • poppy12345
    • By poppy12345 24th Nov 17, 4:46 AM
    • 1,709 Posts
    • 1,536 Thanks
    poppy12345
    there might be help here http://www.fightback4justice.co.uk/ i used them to help with my pip renewal, they were really helpful and i got it re-awarded.
    Originally posted by xXMessedUpXx
    Not the greatest advice for someone who could possibly be on low income. These people charge for their services, not everyone is in the possition to be able to pay that sort of money. Not only that, there are people out there that will support someone for free. I would never pay anyone to help me.
    • Ames
    • By Ames 24th Nov 17, 12:20 PM
    • 16,496 Posts
    • 28,886 Thanks
    Ames
    Off topic but how do you get to probation if never been to prison?

    Were you convicted in a court?

    Maybe it is not probation maybe it is commuted sentence with conditions attached or something?

    Either way don't be concerned about letting DWP know the only thing DWP will be bothered about is if you were in prison, because prisoners are not allowed to claim benefit. if you have medical evidence that you think is relevant then send it in no matter what source it is from.
    Originally posted by epitome
    It might be a matter of terminology. My ex broke the law, went to court and was convicted. He got community service and a suspended sentence, during which time he referred to himself as 'on probation'. It might have just been his wording but he seemed to be using it as the official term for his position.
    Unless I say otherwise 'you' means the general you not you specifically.

    Reading the alphabet in 2017. 21/100
    ABCDEFGHIJKLMNOPQRSTUVWXYZ
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