Stress'd Help Suicidal Don't know What To Do

andyandflo

ESAHeadache wrote: »

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.

What my friend was saying is that if you can't for any reason complete the ESA50, they (DWP) advise that you seek help to get it completed.

I find it difficult to understand that the DWP told you not to fill it in and not to return it, yet you were called for a medical assessment.

I understood the position that those who from the MED3 showed that they would be put into the Support Group straight away did not get an ESA50 to complete. If you received one, it is quite clear that you are required to complete and return it within a period of time.

What he was trying to say was that the ESA50 is a very very important document, which if not completed fully could result in the decision being made against you. With it, even if the ATOS report is a load of bunkum, they would give equal weight to the ESA50 and on the balance of probabilities (knowing that ATOS don't get it right) they would normally find in your favour.
Without the info on the ESA, they have no choice but to side with the ATOS report, as that is all they really have, even if they think it may be the wrong decision.

Of course the Tribunal will look at any new evidence. What my friend was talking about that with a correctly completed ESA50, the situation would have been resolved a while ago, and there would be no need to appeal or gather evidence for a Tribunal.

ESAHeadache

andyandflo wrote: »

What my friend was saying is that if you can't for any reason complete the ESA50, they (DWP) advise that you seek help to get it completed.

I find it difficult to understand that the DWP told you not to fill it in and not to return it, yet you were called for a medical assessment.

I understood the position that those who from the MED3 showed that they would be put into the Support Group straight away did not get an ESA50 to complete. If you received one, it is quite clear that you are required to complete and return it within a period of time.

What he was trying to say was that the ESA50 is a very very important document, which if not completed fully could result in the decision being made against you. With it, even if the ATOS report is a load of bunkum, they would give equal weight to the ESA50 and on the balance of probabilities (knowing that ATOS don't get it right) they would normally find in your favour.
Without the info on the ESA, they have no choice but to side with the ATOS report, as that is all they really have, even if they think it may be the wrong decision.

Of course the Tribunal will look at any new evidence. What my friend was talking about that with a correctly completed ESA50, the situation would have been resolved a while ago, and there would be no need to appeal or gather evidence for a Tribunal.

Hi,

I was only sent a letter telling me to return the ESA50 which i never received in the first place, I called DWP and advised them I never received the form an advised of that I suffer with anxiety and depression and was advised that I wouldn't need to complete it and that I just attend the ATOS assesment which has been pre-booked for me as because im suffering with mental health problem its need to required.

So im confused looking at the appeal papers the only thing that is available to dispute is the ATOS report and it clearly states ESA50 not completed due to mental health. So therefore im disputing the report.

Because the ESA50 was not completed the only information that the DWP had at the time would be my MED3 and the questionnaire I completed when I applied for ESA.

So therefore there would be no eveidence for the time other than what I am able to get now from my GP and hospital discharge forms etc to show that my mental health is the same. Though I have overdosed before and after the DM decision.

Would you be able to advise that would evidence as such be sufficent for the Tribunal and give me good prospects to have a good chance of winning??

ESAHeadache

Would somebody please advise iv read somewhere evidence up to the decision of the DM would be considered is this correct what about if it the same condition or problem which happened then and recent??

ESAHeadache

HELP!!! anybody

bezzza

The tribunal is only interested in what your condition was like at the ATOS medical and not what has happened since or now - you are appealing the decision of the original ATOS medical - at the hearing just tell them what you were like back then - I know it's a long time ago but this is what the questions will be about - they asked me about medications I was taking at that time, how far could I walk without pain (I was and still am in constant pain from my back injury), what form my depression took and how bad was it at the time of the medical (explained about agorophobia, mistrust of people, severe panic attacks even at the medical!), they ask about things like who does your shopping, can you answer the phone/the door yourself? Remember these are all questions YOU know the answers to, please try not to get too upset (I know everybody says it - even to me) and just tell them what it is really like for you - they do understand and the impartial doctor is on hand should things really get too bad. And finally, whilst you can send as much medical evidence as you feel is necessary the panel admitted that my handwritten statement (outlining my daily routine of medication, depression and constant pain and mobility problems) and answers on the day were very persuasive, more so than any of the medical paperwork I had sent.

And as for that stupid ESA50 form - I filled it in like it was a novel - I wrote in places all over that form where there were no spaces in order to convey my conditions and used full medical terminology but it meant nothing - I think they just send everybody for the medical without even reading the form because my "medical expert" at the ATOS medical didn't even understand the medical terminology for some of my conditions - she was so focussed on the PC screen rather than actually finding out about all the issues and conditions I was suffering from! I think it is a cruel and unusual way to reduce the numbers of people on ESA - unfortunately the system has been ruined by fraudsters and scammers whilst people like me who have worked and paid taxes have to be degraded by a horribly unfair system, however, I refused to be beaten and have won my appeal and have received my backdated money - don't let the system get you down.

ESAHeadache

Hi Bezzza,

I totally understand what you are saying the problem comes that before the medical and at the medical assesment where the woman just stared at the screen and asked me the most stupid questions which she asked more or less about can you do this or that I suffer with anxiety and depression she just twisted all the words and put down he can do this munipulated everything.

I am aware that the tribunal want to know how health was at the time which it is more or less the same. But im confused that im disputing a report by ATOS and prior to that I didnt have to send in a ESA50 so how would the tribunal know any background of my Mental Health on how it was at the time. The ATOS lady just looked at me for 30 mins or less so how can she decide by a few questions that im fit for work?? And also it wasnt a typical day for me at my assesment

bezzza

That's basically what I put in my written statement that I sent in to the tribunal - I explained about the incompetence of the "medical expert", and went through the ATOS report each point at a time and told them that is was basically all lies.

I don't know if it will help you but it certainly helped me - why don't you put everything into writing (just like on this thread) explaining how you felt on the day of the medical, the person who dealt with you, questions you were asked, were you allowed to elaborate on answers (because I certainly wasn't - I was told at one point it wasn't worth going into detail as there is nowhere to input the information I was giving), tell them if you needed someone there to support you, what areas of the report are factually inaccurate (if it was anything like mine you will have lots to write for this part) and then tell them how difficult you will find it at the hearing (especially after such a traumatic ATOS medical). Then send a copy to the tribunal and keep a copy for yourself for on the day which you can refer to, you are allowed to take as much time as you need to answer questions and can refer to any paperwork you have sent in (it means you don't have to look at them when you answer which certainly took some pressure off - it also helps you remember stuff more clearly too).

As I have said before these "medical experts/professionals" (mine could have been the cleaner for all I know - no offence to cleaners) should not be allowed to make assumptions about a person in a 20 minute meeting where they barely gaze up from the PC screen - I would have thought my GP who I see every fortnight (for over a year - prior to that I saw her every 4 weeks after my serious car accident 3 years ago - which is where all the problems stem from and continue to worsen) would have more knowledge about my condition and be able to make a far more informed decision. You know what really annoys me? I put in a claim for DLA the day I won my appeal and this morning received a letter saying I wasn't entitled as they had based their decision on the ATOS medical decision in October 2009, the very same decision that was overturned at the tribunal! So I now have to appeal that decision based on the ESA tribunal decision - if I wasn't so determined and stubborn I'd probably just give up but why should I? And neither should you! Good luck!

ESAHeadache

Whenever I feel that I understand abit about what happens are what the rules and leglislations are im thrown a mile back because there is lack of information available.
That is why im relying on all you people on hear with valuable experience of attending a tribunal for advice. Im Just so confused.
Seems it maybe another night of stress and nt being able to sleep and feeling on the edge

ESAHeadache

bezzza wrote: »

That's basically what I put in my written statement that I sent in to the tribunal - I explained about the incompetence of the "medical expert", and went through the ATOS report each point at a time and told them that is was basically all lies.

I don't know if it will help you but it certainly helped me - why don't you put everything into writing (just like on this thread) explaining how you felt on the day of the medical, the person who dealt with you, questions you were asked, were you allowed to elaborate on answers (because I certainly wasn't - I was told at one point it wasn't worth going into detail as there is nowhere to input the information I was giving), tell them if you needed someone there to support you, what areas of the report are factually inaccurate (if it was anything like mine you will have lots to write for this part) and then tell them how difficult you will find it at the hearing (especially after such a traumatic ATOS medical). Then send a copy to the tribunal and keep a copy for yourself for on the day which you can refer to, you are allowed to take as much time as you need to answer questions and can refer to any paperwork you have sent in (it means you don't have to look at them when you answer which certainly took some pressure off - it also helps you remember stuff more clearly too).

As I have said before these "medical experts/professionals" (mine could have been the cleaner for all I know - no offence to cleaners) should not be allowed to make assumptions about a person in a 20 minute meeting where they barely gaze up from the PC screen - I would have thought my GP who I see every fortnight (for over a year - prior to that I saw her every 4 weeks after my serious car accident 3 years ago - which is where all the problems stem from and continue to worsen) would have more knowledge about my condition and be able to make a far more informed decision. You know what really annoys me? I put in a claim for DLA the day I won my appeal and this morning received a letter saying I wasn't entitled as they had based their decision on the ATOS medical decision in October 2009, the very same decision that was overturned at the tribunal! So I now have to appeal that decision based on the ESA tribunal decision - if I wasn't so determined and stubborn I'd probably just give up but why should I? And neither should you! Good luck!

This is very informative im glad that you pulled through it and hope your DLA claim is all sorted out for you soon.

My hearing is on the 2nd of september I shall try to do as you said and make a personal statement of some sort shouldnt my representative who is going to make a written submission be noting all this for me as I have problems especially with this horrid mental health to be able to sit down and do all this.

It silly that he is going to make a written submission disputing the report but is unalbe to come with me on the actual hearing becuase they dont get legal aid yet they are very reputed. His advice was dont get legal aid for such straight forward cases a yours and they shall ask you the question I would just sit there doing nothing. What kind of moral support is this? I was thinking for the past few months that he shall prepare the paperwork and attend with me why burst the bubble last minute im sure he should have advised me beforehand especially him knowing that i don't take last minute change well and this normally pushes me to do stupid things like overdose

ESAHeadache

Would I be entitile to disability Living Allowance because of my mental health??