ESA Appeal - illness not disclosed on ESA50

andyandflo

Hi all, I seem to have problems arising every day!
Thanks to all re. my earlier post on having to now pay for medical reports in support of the appeal. Got it from the horse's mouth this morning - Tribunal Service. Yes they are aware that an ever increasing number of GP's & Consultants are refusing to issue any sort of letter or report unless it is paid for. Just have to tell the Judge at the hearing that my case is flawed through lack of available money to buy these reports. The Judge should adjourn the hearing and issue directions that the evidence is obtained for me at their expense.

Now to my next problem. I have three medical problems.
1. Mental, due to being severly injured by two gunshots in 1994. (Saw an armed robbery taking place in the street, public stood there looking, so I jumped in and tried to disarm one of them but was shot twice by the other) Get DLA as I find it difficult now to be in close proximity to people and react when I hear a load noise when out.
2. Type 1 Diabetes which is still no where near being regulated. Levels go from 3 to 26 during the day with all of the symptoms/side effects that goes with it. Was diagnosed prior to the initial claim for ESA made.
3. Chronic Pancreatitis with major complications.

Could somebody tell me if I can bring up at the appeal hearing numbers 1 & 2 if my sick note only shows 3?
I never disclosed 1 & 2 on the ESA50.
Looking at my health problems now and how they are affecting my ability to work - because of the ongoing mental health issues, I have now recently been diagnosed (since the ATOS medical) as being medically suffering from depression and anxiety because of illnesses 2 & 3.

hannahO_2

I think it would be worth while getting a certificate for No. 1 & 2 especially you seem to be getting treatment for No.2. If not, will you be able to get a letter (I know this may be something you are having difficulty) or report?

People develop new illness or get newly diagnosed with another condition separate from the original condition that was declared. So to update the medical people as well as DWP is important.

I guess you must have been assessed with physical component only when you went for your medical initially and got received lower points? Well you may be awarded even more points with further conditions. Give them your full medical picture.

Molly41

I wrote a long list with my condition, meds, consultant details etc. I was assessed for my ESA on five conditions as they all contribute to my inability to work. I dont understand why you didnt declare them originally. Im not sure if you can suddenly declare them - might look a bit suspicious? You might have to do a new claim. Dont you have copies of consultant letters from clinics that you can use as evidence? I enclosed copies of mine with the questionnaire and they looked at them and accepted that as I did not have to attend another medical when my ESA was renewed.

hannahO_2

My brother is suffering from a depression and anxiety which he only declared but he's going through tests to get another physical condition diagnoised which may come through before/after the medical which could turn out to be the true nature of his illness and depression is just a symptom of the real disease. Surely one is allowed to declare at later stage!? Things happens.

Who knows if Andy's depression stems from the shooting incident, diabetes related or both!

andyandflo

Molly41 wrote: »

I wrote a long list with my condition, meds, consultant details etc. I was assessed for my ESA on five conditions as they all contribute to my inability to work. I dont understand why you didnt declare them originally. Im not sure if you can suddenly declare them - might look a bit suspicious? You might have to do a new claim. Dont you have copies of consultant letters from clinics that you can use as evidence? I enclosed copies of mine with the questionnaire and they looked at them and accepted that as I did not have to attend another medical when my ESA was renewed.

Hi, As regards 1, I have had to learn how to protect myself from things that I know will upset me. If I am in a queue in a shop and feel 'hemmed in', I put aside what I was intending to purchase and walk away. In 2000, after 6 years of being on meds etc and after being sectioned for a while, I decided to drop off the radar and cope myself - at least I was in control - not drugs. That's what it has been like until now. With everything going on, my GP has put me back on the meds to sort out my moods, thoughts and sleep patern.
Yes 2 is getting there but it is damn hard work changing my lifestyle. This disease does contribute to my depression.
3, This is what is shown on my sick note.
Otherwise, there wouldn't be enough room to put all my problems on it!
The GP did not know that 1 & 2 were having this effect, OK to be honest the last thing I need is to be sectioned again - so kept quiet.
When I completed the ESA50 I just referred to the illness quoted on the sick note.
How did you manage to get consultants letters? This is my problem, I now have to pay for the report. If you mean the letters from the Consultant re my treatment, those go to my GP, not me.
I do have a couple of the letters sent telling me to go to outpatients to see my Consultants. But most of these I just throw away as I go so often to 2 different hospitals and all they would prove is that I see them.

Molly41

I just ask my Gp for a copy of them and they print them off. At clinic I ask for a copy to be sent to me and they are more than happy to oblige - its to do with partnership working. You have a right to access to your medical records and copies of letters under the law (cant remember exact laws). I hope my previous post did not sound critical - it was not meant to be. If I never saw another doctor or clinic again it would be too soon. However I am told they can help you get better so I had better persist. Good luck.

Uncertain

andyandflo wrote: »

How did you manage to get consultants letters? This is my problem, I now have to pay for the report. If you mean the letters from the Consultant re my treatment, those go to my GP, not me.
I do have a couple of the letters sent telling me to go to outpatients to see my Consultants. But most of these I just throw away as I go so often to 2 different hospitals and all they would prove is that I see them.

My GP practice scan all incoming letters so that they are available on screen for any doctor you happen to see.

Most would just print a copy off there and then.

Any information you can get hold of will help. Get the ATOS "medical" report and pick it apart using quotes from doctor's letters.

e.g. Dr / Nurse XXXX (Atos) says this but Dr YYYYY says that.

In the last six months I have been referred to X consultants and attended a total of Y appointments. In their letters to my GP they have said .................... My GP remains concerned about my condition and insists on seeing me weekly / fortnightly (or whatever). Do not say anything that is not true but some careful quoting can work wonders.

I understand the difficulty regarding paying for a report but, as I said in my other post, the cost is likely to be less than one week's ESA. It may be there is no alternative.