Tribunal result

carolannie

Hello.
Thought I was just give my experience of what happened at my tribunal, for ESA.
have rapid cycling bipolar, severe anxiety.
I was found fit for work last year.
After receiving advice from a person at Mind, I asked for help from my local council welfare rights and I asked to go to tribunal.

It was a waste of time, they upheld the original decision.

My GP filled in a medical evidence request form, which picked out very well, how my illness fits the descriptors for ESA, but I still got no where.

I have just signed on and am now looking for a job.

I can't face reclaiming ESA again. I felt like I was telling lies.
The doctor at the tribunal was very harsh. He questioned me as I was was faking.

My welfare rights worker hardly said a thing.

I am worse than some people I but they seem to be able to "switch it on" and can put on a act when they need to.

What went against me, I feel, was that my welfare rights advisor told me it was ok to say I was a bit better than last year.

Well I am a bit, because I have better, stronger medication. So sleep more, so don't get as distressed.

But I have less energy because of the medication.

Anyway, I also said, that for the last 4 weeks, I had done 2 hours a week on a literacy course, to help when I do feel better and look for work.

So the doctor at the tribunal said, "so you can mix with people?"

I should have kept my mouth shut.

A friend, who gets everything going, told me to lie at the tribunal, and say I can't do anything, but I shouldn't have to.
I am genuinely ill.

The whole thing stinks and yes, I am upset, but it has made me more determined to get a job now and not have to beg for sick money, that you shouldn't have to degrade yourself to claim.

lynnysinger

please dont be downhearted.. what has happened to you is terrible, and you should be getting the help you need, and my heart goes out to you. my daughter is in the same position as you, and will be, no doubt, having her medical this year too, and i worry sick that this could happen to her, knowing full well that she is totally unable to consider working right now.
she is starting to have cognitive behavioural therapy, and with hard work it may help.
I hope you have support, and send my hugs to you .
:) x

rotoguys

carolannie wrote: »

Hello.
Thought I was just give my experience of what happened at my tribunal, for ESA.
have rapid cycling bipolar, severe anxiety.
I was found fit for work last year.
After receiving advice from a person at Mind, I asked for help from my local council welfare rights and I asked to go to tribunal.

It was a waste of time, they upheld the original decision.

My GP filled in a medical evidence request form, which picked out very well, how my illness fits the descriptors for ESA, but I still got no where.

I have just signed on and am now looking for a job.

I can't face reclaiming ESA again. I felt like I was telling lies.
The doctor at the tribunal was very harsh. He questioned me as I was was faking.

My welfare rights worker hardly said a thing.

I am worse than some people I but they seem to be able to "switch it on" and can put on a act when they need to.

What went against me, I feel, was that my welfare rights advisor told me it was ok to say I was a bit better than last year.

Well I am a bit, because I have better, stronger medication. So sleep more, so don't get as distressed.

But I have less energy because of the medication.

Anyway, I also said, that for the last 4 weeks, I had done 2 hours a week on a literacy course, to help when I do feel better and look for work.

So the doctor at the tribunal said, "so you can mix with people?"

I should have kept my mouth shut.

A friend, who gets everything going, told me to lie at the tribunal, and say I can't do anything, but I shouldn't have to.
I am genuinely ill.

The whole thing stinks and yes, I am upset, but it has made me more determined to get a job now and not have to beg for sick money, that you shouldn't have to degrade yourself to claim.

And what do you think you will have to do to get JSA paid to you?
If you are as ill as you say you are, then you are going to have one hell of a time with what's involved in claiming JSA.

Best of luck!

cattie

Oh, poor you. Are you sure you will be able to cope with a job? If you do, then great, but don't take on anything that may not be good for your mental health.

I wouldn't say the advice to lie that your friend gave you is good advice, but it's always better when suffering from a fluctuating illness like yours to try to answer any questions as if it was one of your bad or 'actute' days, rather than mentioning good or better days. The advice the welfare rights person gave you wasn't the best. Was there nobody available at MIND who could have helped with the tribunal as they are experienced in mental health conditions & know best how to word things to convey how your condition affects your life?

rotoguys

cattie wrote: »

Oh, poor you. Are you sure you will be able to cope with a job? If you do, then great, but don't take on anything that may not be good for your mental health.

I wouldn't say the advice to lie that your friend gave you is good advice, but it's always better when suffering from a fluctuating illness like yours to try to answer any questions as if it was one of your bad or 'actute' days, rather than mentioning good or better days. The advice the welfare rights person gave you wasn't the best. Was there nobody available at MIND who could have helped with the tribunal as they are experienced in mental health conditions & know best how to word things to convey how your condition affects your life?

There is only one word I could use in the OP's case - 'shafted' - well and truly shafted!!

If I was the OP, I'd be off in the morning to get a sick note from the GP and stick in another ESA claim. Then follow the advice given throughout this forum and get hold of MIND and explain the situation.

As for claiming JSA , heaven help the poster is all I can say.

cattie

rotoguys wrote: »

If I was the OP, I'd be off in the morning to get a sick note from the GP and stick in another ESA claim. Then follow the advice given throughout this forum and get hold of MIND and explain the situation.
.

If it is possible for the OP to do this, then it would certainly be what I would do too. With something like Bi-polar, you need a very, very understanding employer & they are very few & far between, especially where mental health is concerned.

carolannie

sorry for the late reply. My laptop is damaged and i have been avoiding reading here at the moment.

The welfare rights chap was recommended by Mind. He was not much use at all.

The doctor at the tribunal made me feel i was not ill. The legal woman just had a big smile on her face and said hardly anything.

I sign on later today. Next week I have an appointment at the job center, to talk about what I can do and help with a cv.

It's a 3 month wait to see the disability advisor.

I'm in denial about my illness and feeling ok about job hunting.
I might crash again soon and have to claim esa, but i can't bear the thought of being interrogated by atos again. it made me very distressed.

actually, if i get a part time job(single parent so can do 16 hours)
it will cost the government more in tax credits. esa is cheaper than that or the nut house.

thankyou all for the replies.

wiccanlou

You could also try D.I.A.L they provide an advocacy service where they go with you to the tribunal and MIND used to as well.
I would try appealing the decision and tell them that you had be advised wrongly by the welfare person but do it with D.I.A.L's help they will help you write to the tribunal service and word it in a way that will help you get a new tribunal.

You need to stress that although you may feel better in yourself you have not managed this without significant input from your mental health team, psychiatrist, GP and medication. You should also make sure they are aware of the the side effects that you get with the medication you are on and the fact that it makes you drowsy and I am sure there are other effects that you haven't mentioned. I am sure you have regular appointments to monitor you and your meds, do you have a care co-ordinator?

Also make an appointment with your Psychiatrist as you say you feel you are in denial and feel you may have a crash soon so I would like to know you are getting help before that happens.

I wish you the best and hope you can get the help you need to sort this out.

carolannie

thank you wiccanlou.
i will keep all this good advice.
i couldn't face another medical or tribunal at the moment. i was treated badly. imagine that doctor being your gp, and looking at your diagnosis from the hospital like it was a pack of lies.
and a state registered nurse asking can you make a cup of tea, ignoring you when you say you don't make tea and mostly lie in bed like a zombie. finally i said i could actually do and she shut up and got to tick her little box with a yes.

mind - i asked and was told to use the local advice worker, who deals with mental health. i was told they were very good.

i signed on yesterday. she just read my jobsearch, said sign this, but don't know when you will be pai. ring us next monday if you don't get any money.

great!

wiccanlou

I understand what it is like believe me, I had my medical in 03/2010 and was all but called a liar and then appealed and had to wait until 06/2011 where that decision was overturned I had a breakdown at the end and nearly collapsed I was even checked on by the dr there I was such a mess. I now have a repeat medical on the 06/03 as I have been referred back to them by the DWP but I am terrified but determined to prove my case again.

I would definitely appeal though as you were unfairly assessed and you were given the wrong info and there is more out there than just mind, don't give up yet you have your mental health to fight for which is more important that what they want or think.

scottnsharon

Im in the same boat Carolannie, and dont know what will happen when its my turn. Im not going to lie either and hope there is some justive to be found, Ive also got Physical probs at mo which might help my case?? Ive always worked between admissions and its always ended in breakdowns/mania and psychosis that costs them hundreds a day to keep me in and normally lasts 3 - 6 months. so its got to work out cheaper for the tax payer surely.. Good luck and please dont give up and put yourself at risk.