ESA Tribunal Help

ITookMyMeds

Hi, i really need some help before i completely lose whats left of my sanity.

In two weeks time (15th Nov) i will have to go to my tribunal for my appeal against the decision that i was fit for work, i am completely terrified and don't know how to present my case.

I'm currently on ESA for GAD Anxiety, Extreme Vasovagal Syncope (extreme blackouts), an under developed Knee Cap and low mood.

I had been warned before my medical by my pathways advisor that all claimants were being rejected at the medical (told they were fit for work) and not to mention 4 weeks before the medical my pathways advisor was chasing them to find out why i hadn't been sent to a medical and they said ... wait for it ... I'd already had my medical and was in the process of appealing (pychic i guess)

Anyway, i won't go into details of the nightmare that was my medical, needless to say i failed.

What i really need help with is, How do i prove to the tribunal that blacking out and choking on your tongue is life threatening? (done this many times thank god for my partner!)

And, as i have been going over the paperwork the DWP sent me with the doctors and decision makers reports on, i have to wonder, who is Mr Richardson and does he know that he's fit for work? Seriously it says Mr Richardson is fit for work in a paragraph on one of my papers, and also, i am a single woman living alone (at the time i was since my partner and i had separated in Dec and got back together in May) i visited my ex most weeks, went shopping with my partner weekly and did the majority of my shopping at the corner shop (from which i am barred). The paperwork from the medical is filled with false information, including medication i have never ever been prescribed with in my life. There was also information not mentioned like how i almost blacked out in the waiting room and the information from my CBT therapist (which i no longer have!!!!).

I tried to get help from CAB but they don't have anyone local to assist me and i am unsure of what to do now. I was not asked any questions about my anxiety or knee (which they claim is a new problem however it was something i was born with and the DWP have known about it for a long time, including from when i worked for them for because i had to keep getting up and moving around every hour to stop it from hurting) or low mood (depression according to the report) nor was i asked if i self harmed or had any idea of self harming, clearly the doctor could see my arms which were fine, but he couldn't see my scalp where i actually sink my nails into my head and pull bits of flesh out, let it heal and then pick the scab (its wrong i know but it feels so good.) half the time i don't know i'm doing it, its an instant reaction to life.

I want to take a couple of witnesses who have seen my behaviour first hand and who have known me before everything took hold and to now. They've witnessed how often the blackout warnings occur (every other day) and how bad my moods are even with my medication, how my leg shakes for no reason except for the stupid worries in my head, like what if my cat gets ran over (he's an indoor cat who has never left the flat) or the lastest one, i shouldn't go to a certain place because its closed in and terrorists can attack there with gases and poisons and bombs and planes and killer bees, i know i'm screwed it but thats how my brain works, and my GP is useless, she just increases my medication and tells me it'll be okay instead of actually offering me more help and support (i only got to see the CBT therapist because another doctor put me forwarded!) urgh i think i'm rambling now.

Please help if you can understand anything i have written, to me it makes sense but then i know my brain. I need to know what to do, what to say, can i take witnesses? Does the almost blackout before medical count at the hearing and who the hell is Mr Richardson??????

[Deleted User]

I would suggest that u phone ESA and find out if someone else's papers have been mixed up with your own. Find out if u have actually failed your medical.., there may have been a mix up. It might actually be better if u have a friend or your husband sitting with u who can take over if things get confused. It seems to me the state of the papers need to be investigated.., and ESA may be reluctant to see this so u may need someone standing by who can insist enough to get it done.

Have u had any contact with MIND? They may have numbers of local support groups/associations. It sounds to me like u need an advocate.

Personally, because of the assistance u need, I would also have thought applying for DLA would be an idea. However, it can be useful to have someone help u fill in the forms, who knows how to word things to make a successful outcome more likely. Find a Welfare Rights advisor, they may be able to help themselves, or link u with someone who can.

I do hope this helps.

ITookMyMeds

Thanks, i'll get onto ESA first thing Monday morning, i never thought of actually asking them. I'm pretty sure i failed the medical because not one of the 168 people put forward in the last 12 months actually passed (those were the number my pathways advisor gave me).

I think i spoke to Mind about volunteer work as an option through Pathways, but because i wasn't under the care of the mental health team they couldn't help me.

And i didn't think DLA was an option for me, i know my mother in law has a broken back and she has been turned down several times even after getting a specialist person to complete the forms for her. Maybe once i survive the tribunal i'll apply.

Thanks for the advice.

cit_k

It does sound like a major mix up with you getting someone elses medical papers etc.

The decision maker has obviously NOT read your papers or they would have noticed the wrong name.....

Give welfare rights a ring I will pm you a telephone number for your area.

ITookMyMeds

Thank you, i shall contact them on Monday.

I just hope the Tribunal will not be too difficult.

[Deleted User]

Altho I realise 'anxiety' if far too loose a term for your condition, i keyed Anxiety Support into google and came up with a number of forums. Could one of them provide u with some support or perhaps they can give u links to people that can. Its amazing how specialist forums can help with situations like this.

Also, get someone to work with u on a list of what u want to say. I tend to do this with complicated things i need to discuss.., and i don't have an anxiety condition lol. Helps u avoid confusion and make sure u don't miss out things u want to say either on the phone or at the Tribunal.

Wishing u all the best.

Chorlie

Can I ask how you got your ESA report / medical review documents.

I had my ESA assessment and would like to see how they came to the conclusion they did, the thinking behind the group I'm placed in etc.

Thanks

dmg24

Chorlie wrote: »

Can I ask how you got your ESA report / medical review documents.

I had my ESA assessment and would like to see how they came to the conclusion they did, the thinking behind the group I'm placed in etc.

Thanks

Ring the ESA Team and they will send them to you.

Chorlie

dmg24 wrote: »

Ring the ESA Team and they will send them to you.

Thanks,

Do you also know if there is a time limit you have to appeal within?

Also if your condition charges, can you request it be looked at again to see if you should now be in the Support Group?

Cheers

cit_k

Chorlie wrote: »

Thanks,

Do you also know if there is a time limit you have to appeal within?

Also if your condition charges, can you request it be looked at again to see if you should now be in the Support Group?

Cheers

You have one month to appeal (you may be allowed longer, possibly, if you have good cause for being late I think).

Not sure on your second point, but you should keep them informed if your conidition deteriorates (or improves) no harm in letting them know and asking if you can be re-assessed...