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What to do? ESA appeal and now claiming JSA!
Comments
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If I had been asked that question the answer would have been 'no'. Reason? I can't go in a supermarket without an anxiety attack happening and having to leave the building.
OK I would accept that as being a genuine answer. I was merely trying to highlight those in that instance that have mobility problems.0 -
I fully understand where you are coming from, but there does seem to be a cross link between knowing what is likely to get you through the assessment and the integrity of the claimant in not wanting to describe his/her day to day life in anything but a totally honest format.
As has been mentioned before on several threads, people do try and put a brave face on, they can then come across as being seen fit for work.
Taking strong painkiller before going to the assessment might make you more able to do some activity during the assessment. However, thos strong painkillers will come with side effects such as drowsiness etc. Ever red the label: 'Do not drive or operate machinery'
I took an extra tranquilliser before my assessment, had I not then I doubt the assessment would have taken place. Therefore, the assessor didn't see what I am really like under pressure.
Speaking of which, I still haven't heard the results :eek:
That would lead onto another thing. Do you take your medication that you normally take in order to attend the assessment. This would show to the assessor what you are like normally.
Or do you not take your medication, and go into the assessment to show the assessor how bad things could really be?
Which would give the most honest appearance? But which one would more then likely get you through the assessment?
As for how the medication affects your life - well I am not allowed to drive whilst taking the medication - which is now permanently daily. Besides which if I was caught driving having taken a class A drug, I would be prosecuted and my licence taken off me. So I have no choice in the matter.0 -
OK I would accept that as being a genuine answer. I was merely trying to highlight those in that instance that have mobility problems.
I know but that is my point.
If you can do something explain when and why
Same if you can't do something.
If you can rarely do something then you should say so. That would be referring to your 'bad days'.0 -
That would lead onto another thing. Do you take your medication that you normally take in order to attend the assessment. This would show to the assessor what you are like normally.
Or do you not take your medication, and go into the assessment to show the assessor how bad things could really be?
Which would give the most honest appearance? But which one would more then likely get you through the assessment?
As for how the medication affects your life - well I am not allowed to drive whilst taking the medication - which is now permanently daily. Besides which if I was caught driving having taken a class A drug, I would be prosecuted and my licence taken off me. So I have no choice in the matter.
That was my dilemma. I decided it best to take an extra tranquilliser to get me through it.
What I failed to do is tell the assessor I had done so.
I would think whether it be for physical or mental health, people would need to take their medication to help them get there and help them through the assessment.
So if you have a lot of pain travelling and walking, you would take painkillers before the journey, thus making yourself look not as bad s you really are
Mental illness you're going to need something to get you through travelling and assessment, thus making yourself look calmer and much more able to cope.0 -
Yes, but you must also remember that the majority that take their case to an appeal Tribunal lose - 60% lose!!
Yes but that's 40% who should never had to go through the whole harrowing ordeal of appeal, because the decision was found in their favour.
Also that's only 40% of people who appeal, think about the people who can't or don't appel who should and who would win an appeal, but don't have the know how or anyone to act on their behalf, or are too unwell to follow it up.0 -
I fully understand where you are coming from, but there does seem to be a cross link between knowing what is likely to get you through the assessment and the integrity of the claimant in not wanting to describe his/her day to day life in anything but a totally honest format.
I don't see the problem in saying that for 4 out of 7 days you are bedbound, 1 day out of 7 feeling better but still having mobility and care issues, and 2 out of 7 that you are fairly fit, in fact not really needing help at all for mobility or care.
If asked if you could push a shopping trolley around a supermarket, the answer should be: 4/7 not a chance, 1/7 possible but with some help and 2/7 with virtuallly no problems at all.
You can't give the impresssion that you are bedbound 7/7 thinking that if I admit to being able to cope 2/7 I won't get the benefit!
And as for being optimistic/hopeful/determined, surely you have to be otherwise you will drag yourself down if you end up believing that you can't do anything. Having an optimistic attitude is what will see people through an illness or problem.
In a perfect world they would ask your days out of 7 idea. Being able to say you can do such and such for 2/7 or whatever is the ideal, but you certainly can't guarntee you're going to be given that choice. They don't necessarily write down everything you say. I think when people are giving others advice concerning stating what your bad days are like, is probably down to their experiences of being wronged. I just think they're warning people that sometimes these examiners are shall we say a little conservative with the truth. It's the system that caused people to be negative not the other way round.
For example;When I went to a medical the examiner asked if I did the Washing? I explained that I only did washing on one day and was able to load the Washing Machine, but needed help lifting the wet clothes. He didn't ask me how many days I could or couldn't do this, in his notes he wrote "can do her own housework".
If you end up in a Medical they don't seem that interested on what you wrote on your form previously. As to optimism of course I'm not suggesting that an optomistic attitude isn't important but so is being realstic. I managed my condition so much better once I accepted it, that didn't mean I gave in, but looked at things differently.0 -
In a perfect world they would ask your days out of 7 idea. Being able to say you can do such and such for 2/7 or whatever is the ideal, but you certainly can't guarntee you're going to be given that choice. They don't necessarily write down everything you say. I think when people are giving others advice concerning stating what your bad days are like, is probably down to their experiences of being wronged. I just think they're warning people that sometimes these examiners are shall we say a little conservative with the truth. It's the system that caused people to be negative not the other way round.
For example;When I went to a medical the examiner asked if I did the Washing? I explained that I only did washing on one day and was able to load the Washing Machine, but needed help lifting the wet clothes. He didn't ask me how many days I could or couldn't do this, in his notes he wrote "can do her own housework".
If you end up in a Medical they don't seem that interested on what you wrote on your form previously. As to optimism of course I'm not suggesting that an optomistic attitude isn't important but so is being realstic. I managed my condition so much better once I accepted it, that didn't mean I gave in, but looked at things differently.
I too got asked that. I said I could but then I'd forget or my mood will change so it can end up left in there for days, resulting in my daughter having to re-wash it all again
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I kept stressing how much I try to do things, start them but rarely complete the task.0
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That has always been the case. I mentioned 'low score' though and not a missed medical.I thought (but not 100%) that you couldnt do that after a missed medical now NASA?
What are you on about?rogerblack wrote: »This is not quite true.
If he doesn't score enough points, and the tribunal disagrees with the interpretation of the law of the DWP/ATOS - then he can receive the money on appeal.
If someone appeals against a low score then they can appeal and receive money.0 -
That has always been the case. I mentioned 'low score' though and not a missed medical.
What are you on about?
If someone appeals against a low score then they can appeal and receive money.
They receive money at the assessment rate (at least, if they are appealing against a decision to place them in the WRAG, they get that) until the date of the appeal.
The tribunal can only assess someone according to the law, which are the descriptors that the law lays out, and any case-law clarifying these.
The tribunal cannot award ESA if in their view the claimant does not satisfy enough of the descriptors, even though they 'should' be eligable for ESA, they can only implement the law as written.
Appeals against what the law 'should' be have to be through judicial review - which is a hugely larger hurdle.0
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