Tribunal say not entitled to ESA but circumstances have since changed

JayWoff88

Hello

3 weeks ago i phoned ESA to tell them my reason for claiming ESA had changed and alls i was told to do is attend the tribunal and see what they say although i didnt attend due to personal reasons. I started claiming ESA in September due to a back problem which i couldnt even get out of bed because of. I had been going to hospital every week to see a physio to try and get my back problem sorted, my GP advised me not to go to work(i was with an agency) due to my problem as i might make it worse than it already is, my only option was to claim ESA as i was with an agency they wouldnt give me sick pay. I went to the medical and was told i am fit for work so i decided to fight that case and see a tribunal which was the Friday just gone.. but since my problems have changed i have developed anxiety with mild depression due to the fact i miss my job and personal reasons i cannot share. Ive been intouch with ESA to tell them and was only told to attend the tribunal but i couldnt go.. I am currently on 50mg of tramadol which is an anti depressant and i have to see my GP every Friday for a check up but if i cannot leave the house i am sent a home visiting doctor who talks to me for half an hour to make sure i am okay. The only bonus from this is i have had plenty of time to rest my back and appear to be much better on that front with slight niggles every so often but i am still scared if i due hard labor i hurt it again and im back to square one

what im trying to say is my claim reason has changed and i dont know where to go from here.. i have spoken to my GP about everything and he says its for the best if i stay away from work and am checked up on every week. My ESA has just been stopped and i think if i phone up and tell them they will just think im making all this up to stay on ESA. I have plenty of proof in medication and hospital discharge letters that i have a problem... And am a bit weary of claiming JSA due to having to go on the bus etc to sign on when i have no idea how i will be feeling that day.. what if i cant make it?

Sorry for the big essay but can anyone out there help me? would be much appreciated. thank you.

mynameistallulah

If you are depressed because you miss work, why not look for a job?

You can make a new application for ESA, but from what you have said I doubt you will get past the assessment stage.

MacMickster

As far as I am aware, Tramadol, whilst having some anti-depressant effects, is not endorsed for use as an anti-depressant and is prescribed primarily for pain relief.

Has your doctor diagnosed that you are suffering from clinical depression or is this a self-diagnosis?

JayWoff88

Its not like that mate, thats where it all started.... I loved the job i was doing i was so happy with it then i had to leave due to my back as it involved heavy lifting every day.. on top of that came personal problems with family and friends so i kind of spiraled out of control. Theres nothing id like better than going back to work i have my good days and bad days, i never know what ill be like when i wake up on a morning and id rather take my own GPs advice rather than my own as i never know how ill feel with each day passing.

JayWoff88

MacMickster wrote: »

As far as I am aware, Tramadol, whilst having some anti-depressant effects, is not endorsed for use as an anti-depressant and is prescribed primarily for pain relief.

Has your doctor diagnosed that you are suffering from clinical depression or is this a self-diagnosis?

i have all my medication in a box in my room and have just realised i have picked up the wrong packet! .. DOH! .. im actually on Fluoxitine ...

and yes he has diagnosed me with it i have the proof here in letter and prescriptions and things such as discharge letters etc.

MacMickster

JayWoff88 wrote: »

i have all my medication in a box in my room and have just realised i have picked up the wrong packet! .. DOH! .. im actually on Fluoxitine ...

and yes he has diagnosed me with it i have the proof here in letter and prescriptions and things such as discharge letters etc.

In that case it may be worth making a new claim if you consider that you now meet sufficient of the ESA descriptors, and your GP would support this.

mynameistallulah

JayWoff88 wrote: »

Its not like that mate, thats where it all started.... I loved the job i was doing i was so happy with it then i had to leave due to my back as it involved heavy lifting every day.. on top of that came personal problems with family and friends so i kind of spiraled out of control. Theres nothing id like better than going back to work i have my good days and bad days, i never know what ill be like when i wake up on a morning and id rather take my own GPs advice rather than my own as i never know how ill feel with each day passing.

It really sounds to me like you need some control back in your life, and work will give you that. It is well documented that those with mild to moderate depression are better off working - sitting at home all day with no money just makes you dwell on your problems, hence things spiralling.

JayWoff88

MacMickster wrote: »

In that case it may be worth making a new claim if you consider that you now meet sufficient of the ESA descriptors, and your GP would support this.

So you think its worth phoning up and trying again? Just with me ringing up 3 weeks ago and being told its best to attend the tribunal i thought it wouldnt be worth it.

I wouldnt know what to say when i ring up thats all... Just know to tell them tribunal have decided against me being on ESA with my back problem but my reasons have since changed and want to make a new claim.

JayWoff88

mynameistallulah wrote: »

It really sounds to me like you need some control back in your life, and work will give you that. It is well documented that those with mild to moderate depression are better off working - sitting at home all day with no money just makes you dwell on your problems, hence things spiralling.

I totally agree, i really want to go back into work but GP has advised me in a strict manor not to. I dont have the best of qualifications and im terrible in interviews.. My only hope was agency. That is if they even have work for me to do and i can manage it.. I just dont want to go against my GPs advice and have him in the end say ''Told you so''

mynameistallulah

JayWoff88 wrote: »

I totally agree, i really want to go back into work but GP has advised me in a strict manor not to. I dont have the best of qualifications and im terrible in interviews.. My only hope was agency. That is if they even have work for me to do and i can manage it.. I just dont want to go against my GPs advice and have him in the end say ''Told you so''

I can only talk from personal experience, and long term benefits are not the answer. If you need help with looking for work, you can ask the Jobcentre to refer you to people that can help - they have special schemes for people that are not "job ready".

A GP has to be overly cautious, however you are the only one that can decide what is best for you. As I said in my original post you can reapply for ESA, but do you realistically think you will get past the medical?

rogerblack

JayWoff88 wrote: »

Hello

3 weeks ago i phoned ESA to tell them my reason for claiming ESA had changed and alls i was told to do is attend the tribunal and see what they say

A couple of issues.
Firstly - if you had got the form, and completed it - and the tribunal had said that you were entitled to a group - that decision would only run till the new form is processed, so if the tribunal had gone the other way (attending makes it _MUCH_ more likely that it would) this may have been to your benefit.

The tribunal only considers you as you were at the time of the original decision - it cannot consider later matters.

Assuming that your medical was more than 6 months ago, you can reapply for ESA.

I would suggest that you reapply for ESA (if you do not feel you can realistically work).
You can attempt to get this backdated to 3 weeks ago, as you were misadvised that you could not report a change in condition.