Advice please!

JJ85_2

Hey all, hoping someone can help me with some advice as I'm getting to the end of my tether with this.

I've been claiming ESA since December 2008, my GP has been providing me medical certificates declaring me unfit for work every month since then, due to depression and severe anxiety problems, I'm unable to leave the house alone, and even when I'm accompanied I have panic attacks/feel like I'm about to faint, and have to go back to the car etc.

I had my "medical" at the jobcentre about 5 months ago, where the doctor scored me 0 points. He had written information which was the opposite of what I told him etc, he said I could go out alone fine, I had no problems meeting new people and going to new places unaccompanied.

Of course, that was all rubbish, so I appealed.

My case was sent to tribunal, and this made me feel even worse, my doctor referred me to a psychiatrist, who advised my doctor of the maximum possible dose of medication I could have (300mg per day of venlafaxine!) I was put onto that dose within a week (slowly building up from the 150mg I was on) and referred to a psychologist.

I finally received my tribunal date, and went along feeling very very anxious about it, to the extent I almost couldn't go.

I represented myself (along with my fiancee for support) as I couldn't get anyone else to do it, our local CaB doesn't allow you to make an appointment, you just have to wait - and I couldn't sit in a room full of 10 - 15 strangers for hours on end waiting, due to my anxiety.

The tribunal consisted of a doctor, a (very rude) lawyer as the tribunal judge, and the clerk who just sat there.

The doctor asked me questions about my condition, which I explained as best as I could since I was trying to stop myself from panicing and having to leave, and she seemed(!) to take on board what I was saying, agreeing with me etc. All the while, the "judge" sat back in his chair, yawning and twiddling his thumbs, occasionally writing something down, then returning to looking bored, and making no attempt to hide it.

From start to finish the tribunal (which we had to drive an hour to, and an hour back) lasted around 15 minutes.

At the end, they asked if I had any further input, and I just told them that my GP had advised me that if they need any background information, or his input, that they can contact him, and both himself and the community mental health team would provide evidence on my behalf. When my GP told me this, I had immediately rang the tribunal service, and was told to tell the "judge" this on the day. They didn't ask for my GP's details, and I wasn't sure if this was a good thing or not, maybe they didn't need further information, but it seems now like they couldnt be bothered whatsoever.

I was told I'd have the decision in the post within 2 - 3 days. Three days past and I had nothing, so I rang up, and they had nothing on their system yet, so I couldn't find out.

Today being Saturday, I got the letter I had been waiting for and worrying about since I got my tribunal date, I opened it, looked for the decision, which was on the last page, and all it said was "The appeal is disallowed".

No reasons have been given, so I don't know if she scored me 0 points, or what the decision was based on.

I beleive I can request their reasons, which I will be doing first thing Monday morning, but I assume all of my benefits will now be stopped as of the date of my tribunal.

If I could go out to work, I would, I'd love to! As it stands, I can't, so where can I go from here?

I'm 24, 25 in Feb, my fiancee turns 24 next month, if any of that makes a difference.

Claiming JSA isn't really an option as they'll force me to find work/go on new deal courses etc, which I really can't do, or I would. Aswell as that, the nearest jobcentre is in the same town as the tribunal was - a 2 hour round trip away, I don't drive, but my fiancee does.

Any ideas/input/advice on how I can move forward from this would be greatly appreciated, as its now just adding to my stress/anxiety/depression, and being on the highest dose of medication possible means theres not a lot more my doctor can do for me!

Thanks for reading, I wanted to give as much background as possible, sorry it's so long.

stazi

I could only suggest that you make a new claim for ESA asap.

JJ85_2

Surely applying again isn't an option so soon after a "failed" claim?

DX2

Can you not appeal an appeal?

healy

JJ85 wrote: »

Hey all, hoping someone can help me with some advice as I'm getting to the end of my tether with this.

I've been claiming ESA since December 2008, my GP has been providing me medical certificates declaring me unfit for work every month since then, due to depression and severe anxiety problems, I'm unable to leave the house alone, and even when I'm accompanied I have panic attacks/feel like I'm about to faint, and have to go back to the car etc.

I had my "medical" at the jobcentre about 5 months ago, where the doctor scored me 0 points. He had written information which was the opposite of what I told him etc, he said I could go out alone fine, I had no problems meeting new people and going to new places unaccompanied.

Of course, that was all rubbish, so I appealed.

My case was sent to tribunal, and this made me feel even worse, my doctor referred me to a psychiatrist, who advised my doctor of the maximum possible dose of medication I could have (300mg per day of venlafaxine!) I was put onto that dose within a week (slowly building up from the 150mg I was on) and referred to a psychologist.

I finally received my tribunal date, and went along feeling very very anxious about it, to the extent I almost couldn't go.

I represented myself (along with my fiancee for support) as I couldn't get anyone else to do it, our local CaB doesn't allow you to make an appointment, you just have to wait - and I couldn't sit in a room full of 10 - 15 strangers for hours on end waiting, due to my anxiety.

The tribunal consisted of a doctor, a (very rude) lawyer as the tribunal judge, and the clerk who just sat there.

The doctor asked me questions about my condition, which I explained as best as I could since I was trying to stop myself from panicing and having to leave, and she seemed(!) to take on board what I was saying, agreeing with me etc. All the while, the "judge" sat back in his chair, yawning and twiddling his thumbs, occasionally writing something down, then returning to looking bored, and making no attempt to hide it.

From start to finish the tribunal (which we had to drive an hour to, and an hour back) lasted around 15 minutes.

At the end, they asked if I had any further input, and I just told them that my GP had advised me that if they need any background information, or his input, that they can contact him, and both himself and the community mental health team would provide evidence on my behalf. When my GP told me this, I had immediately rang the tribunal service, and was told to tell the "judge" this on the day. They didn't ask for my GP's details, and I wasn't sure if this was a good thing or not, maybe they didn't need further information, but it seems now like they couldnt be bothered whatsoever.

I was told I'd have the decision in the post within 2 - 3 days. Three days past and I had nothing, so I rang up, and they had nothing on their system yet, so I couldn't find out.

Today being Saturday, I got the letter I had been waiting for and worrying about since I got my tribunal date, I opened it, looked for the decision, which was on the last page, and all it said was "The appeal is disallowed".

No reasons have been given, so I don't know if she scored me 0 points, or what the decision was based on.

I beleive I can request their reasons, which I will be doing first thing Monday morning, but I assume all of my benefits will now be stopped as of the date of my tribunal.

If I could go out to work, I would, I'd love to! As it stands, I can't, so where can I go from here?

I'm 24, 25 in Feb, my fiancee turns 24 next month, if any of that makes a difference.

Claiming JSA isn't really an option as they'll force me to find work/go on new deal courses etc, which I really can't do, or I would. Aswell as that, the nearest jobcentre is in the same town as the tribunal was - a 2 hour round trip away, I don't drive, but my fiancee does.

Any ideas/input/advice on how I can move forward from this would be greatly appreciated, as its now just adding to my stress/anxiety/depression, and being on the highest dose of medication possible means theres not a lot more my doctor can do for me!

Thanks for reading, I wanted to give as much background as possible, sorry it's so long.

Yes your benefit will stop from the date of the decision.

If you get a statement of reasons you can take them to a welfare rights officer and they can look to see if there has been an error of law. If there has you can appeal the decision further.

healy

JJ85 wrote: »

Surely applying again isn't an option so soon after a "failed" claim?

You can apply again if there has been a worsening of your condition or for another condition.