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Stress'd Help Suicidal Don't know What To Do
Comments
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Why oh why are you getting someone to represent you that requires a fee? Did you try any other organisations, like the CAB?
When I actually looked for a reprentative I was informed that KeyHouse will rep me for free because they get paid by legal aid they have been very helpful but today he advised me that they don't get legal aid for tribunal rep. This has got to me I am very upset and very worried0 -
Dear ESAHeadache,
please please don't be so despairing, let us help you until we find a way to sort this out.
First of all how much does your rep expect to be paid for attending the tribunal with you ? Could the CAB provide a rep either free of charge or for a lot less ?
I used to work for MIND the mental health charity and we helped clients by acting as an advocate in such situations - by that I mean they could help you speak and explain yourself clearly. I don't know what your illness is but is it possible that a charity that supports it could help you in a similar way?
As a final resort is there anyone that you trust and know well that could go with you ? You probably just need a bit of confidence and someone there to hold your hand, listen to what the members of the tribunal ask and step in if you freeze or start crying etc. It is unlikely that you would need an expert with you as it sounds like a straightforward interview.
When is your tribunal and could you postpone it until you get this sorted ?
If I can help please PM me.
Linda xx
Hi Linda,
My Appeal Will be Heard on 2nd of September
I am very upset CAB are very hard to get hold of as you have to queue outside their office and it very likely they are going to turn you away beacuase they only see a certain amount of people a day and they do this by giving out 20 cards.
I suffer with anxiety and panic attacks and Im surely not going to be able to cope standing outside a closed building and getting turned away.
Please Linda advise me I appreciate everyone's feedback it so nice of all of you0 -
I am So Stressed Im Unable to Sleep!!!!
Would MIND help me were on their website and it doesn't look like they take on many cases is this correct0 -
ESAHeadache wrote: »I am So Stressed Im Unable to Sleep!!!!
Would MIND help me were on their website and it doesn't look like they take on many cases is this correct
Check your phone book for the local branch of MIND which might be able to help. The head office is more of an admin/management business.
Go to sleep now, there's nothing more you can do tonight. You need to keep your energy up to deal with this. Are you eating properly ? Do you have any family or good friends nearby that could keep you company, invite you over for a meal, which might let you forget things for an hour or so ?
Linda0 -
Do you have anyone supporting you, OP?
CPN for example?
They should know who to contact at Mind and/or any other sources of help in your area.
Other than that, have you checked if your local CAB runs outreach clinics as they may be less busy or have an appt system instead of drop in sessions?
The info should be on the website.0 -
Check your phone book for the local branch of MIND which might be able to help. The head office is more of an admin/management business.
Go to sleep now, there's nothing more you can do tonight. You need to keep your energy up to deal with this. Are you eating properly ? Do you have any family or good friends nearby that could keep you company, invite you over for a meal, which might let you forget things for an hour or so ?
Linda
I have found a number for MIND which is local to me.
Im having problems eating and sleeping preoperly because of my anxiety going s severe
I have got some friends but family no as there were force marriage issues which because of I had left home last year.0 -
Do you have anyone supporting you, OP?
CPN for example?
They should know who to contact at Mind and/or any other sources of help in your area.
Other than that, have you checked if your local CAB runs outreach clinics as they may be less busy or have an appt system instead of drop in sessions?
The info should be on the website.
CAB is very hard to get an appointment with here. I shall try to ask my GP or someone to refer me.
Thanks for your advice.
I also wanted to know if the tribunal look at new evidence or just evidence prior to or at the time of the ATOS assesment.?0 -
ESAHeadache wrote: »CAB is very hard to get an appointment with here. I shall try to ask my GP or someone to refer me.
Thanks for your advice.
I also wanted to know if the tribunal look at new evidence or just evidence prior to or at the time of the ATOS assesment.?
I don't know about ATOS, sorry, but you could phone your gp surgery and ask for the surgery social worker - they may well be able to help.0 -
I have just been reading this posting and to say the least, am shocked that people should be forced into this state of mind.
I am going through the appeal stage for ESA. In getting my evidence together something started to niggle me about the system. So for the past couple of days I have been telephoning friends and ex colleagues trying to get to the bottom of why is this benefit in such a state. I have spoken with people both in the DWP and HM Courts Service. Yes we know what is happening with ATOS, but that is only a small part of the problem. I was shocked to be told by an ex colleague at HMCS that in reality the Tribunal is there only to review what has happened and establish if the right decision has been made. All they are geared up for is to review the DWP package and listen to the submission of the appellant. They are certainly not there to examine and rule on new evidence/information (unless it is an exceptional situation), that should have already been examined by the DWP when deciding the case. It seems that we are making this into a mamoth expedition in gathering new evidence, getting supporting evidence etc The tribunal only allows enough time to review what has happened, not wade through new evidence to give judgement on.
That being the case, I asked one of my friends at DWP why has this problem come about. Is it that the staff are making too many mistakes? No was the answer - it is the claimant that is causing the problems for him/her self. He agreed with me about the intended use of the Tribunal system, and simply said that there are two elements of evidence that only ought to be needed to make the right decision. The ATOS report (and he admits that they know it has it's failings) and the form ESA50. They are told to give equal weight to both of these documents. They don't normally want or expect additional medical evidence, or letters of support from medical providers. The main problem is that the public do not complete the ESA50 properly. And he means by properly, answering all of the questions, giving examples and simply putting over to a stranger who knows nothing about the claimant, so that he understands the problems. He kindly has sent me a worked example of what an ESA50 should look like. It is completely fictious, but the info on it, is so comprehensive, that he would tend to believe that over the ATOS report!!
So I asked on here a while ago if the ESA is important. Yes it damn well is! Properly completed as it should be, will reduce drastically the number of 'wrong' failures going through the system to the Tribunal stage.
I am now convinced that most and I include myself in this, have caused the failure in the first place. Get it right at the start, and the decision will be right!!! His genuine comments about the ATOS report really surprised me. It just goes to prove that the DWP are human, and I now believe that they are trying to do their best but are hampered by ineffective ESA50's.0 -
andyandflo wrote: »I have just been reading this posting and to say the least, am shocked that people should be forced into this state of mind.
I am going through the appeal stage for ESA. In getting my evidence together something started to niggle me about the system. So for the past couple of days I have been telephoning friends and ex colleagues trying to get to the bottom of why is this benefit in such a state. I have spoken with people both in the DWP and HM Courts Service. Yes we know what is happening with ATOS, but that is only a small part of the problem. I was shocked to be told by an ex colleague at HMCS that in reality the Tribunal is there only to review what has happened and establish if the right decision has been made. All they are geared up for is to review the DWP package and listen to the submission of the appellant. They are certainly not there to examine and rule on new evidence/information (unless it is an exceptional situation), that should have already been examined by the DWP when deciding the case. It seems that we are making this into a mamoth expedition in gathering new evidence, getting supporting evidence etc The tribunal only allows enough time to review what has happened, not wade through new evidence to give judgement on.
That being the case, I asked one of my friends at DWP why has this problem come about. Is it that the staff are making too many mistakes? No was the answer - it is the claimant that is causing the problems for him/her self. He agreed with me about the intended use of the Tribunal system, and simply said that there are two elements of evidence that only ought to be needed to make the right decision. The ATOS report (and he admits that they know it has it's failings) and the form ESA50. They are told to give equal weight to both of these documents. They don't normally want or expect additional medical evidence, or letters of support from medical providers. The main problem is that the public do not complete the ESA50 properly. And he means by properly, answering all of the questions, giving examples and simply putting over to a stranger who knows nothing about the claimant, so that he understands the problems. He kindly has sent me a worked example of what an ESA50 should look like. It is completely fictious, but the info on it, is so comprehensive, that he would tend to believe that over the ATOS report!!
So I asked on here a while ago if the ESA is important. Yes it damn well is! Properly completed as it should be, will reduce drastically the number of 'wrong' failures going through the system to the Tribunal stage.
I am now convinced that most and I include myself in this, have caused the failure in the first place. Get it right at the start, and the decision will be right!!! His genuine comments about the ATOS report really surprised me. It just goes to prove that the DWP are human, and I now believe that they are trying to do their best but are hampered by ineffective ESA50's.
Hi Andy,
It may be the case if the ESA50 form has been completed but what about someone like me I didnt complete a ESA50 form due to my mental health problem which didnt allow me to and also DWP advised that I wouldn't need to send it.
My Rep is gathering information to dispute the ATOS report how could ATOS who don't have any information on how my Mental Health exactly is come to a decision by asking irrelevant questions and look at how I looked and was on the day and give me 0 points?
Im worried now so all the evidence that has been gathered will not be looked at or taken into consideration.
I feel like im going to have a panic attack now thinking about this.0
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