Appeal for ESA Refused

Jerrylee

Just looking for some answers and help Please?

My mother has had depression for many years, She has not had an easy life.

1) In 1993 She had an aneuysm (Brain hemerage) and was taken to hospital was promised a brain scan but then they forgot about her only to be sent home with a migraine and tablets!! - then it got worse her right eye sloped to one side and woke up with severe headaches my father called the GP and got him to see her and immediately sent her to hospital - it was only because a Top doctor looked at her and said she is hemeraging and she needs to be transfered to Walton Hospital in Liverpool and have surgery immediately, The doctors there said she was lucky, she only had days to live, but they got it in time.
She has never got of that, she has no faith in the doctors what so ever.

2) In 2007 Her husband of 20 years just up and left, with no reason, left her in over £20,000 worth if debt and also debt with the Inland revenue. he was her rock and helped her through the aneuysm. There is still no contact, no closure and no sign of divorce papers and is finding it hard to cope without him and not knowing why he left.

3) In 2007 a month after her Husband leaving she was run over by a car going the wrong way on a one way street!, She was in critical condition, and for months I had to attend with her and my brother helped too.

My mum finds it hard to cope with everything, She doesn't do well with people, I have to see her everyday to make sure she is ok.

Will all that is happened in her life, and there are much more things too but they are very personal, and she has a history in her family of severe depression.

She went to a medical back in December 2011 and was refused any points.

So I made her appeal we went to this yesterday, There were 3 People there, A Doctor, A Judge and a Clerk.

The Doctor mainly asked all the questions he was very nice and reassuring, My mum was so nervious she was shaking, sweating and couldn't speak clearly and shed a few tears it was distressing to see.

The Judge was a harsh man, very sturn and had a look of coldness in him.

I had to answer some of the questions for my mum she was trembling with fright.

We answered everything we could, we were then sent out of the room and was told they will make a decision.

We waited 10 minutes and they called us back in and told us that Mum has been refused, But has given her 6 points - Originally the ATOS medical gave her 0 points. You need 15 points to qualify.

My Mum has taken this ever so bad now, I am so scared for her, She can't even get herself out of the house, I had a hard time yesterday to go to the Tribunal.

I really don't know what I can do for her and what other steps she could take?

If anyone has any idea's or has been in a similar situation let me know.

Or if there is something she is entitled to.

I have been reading a lot of Feeds and had read on many sites that if the original decision was over 6 months she can apply for ESA again, can any else confirm this?

Hope someone can help?

Thanks

Cpt.Scarlet

Yes, if the original decison was more than six months ago, and her GP is prepared to provide new set of Fit Notes for her, then she can make a new application for ESA.

Muttleythefrog

As above.. yes. Sorry to hear of her plight. If there's anything I would advise it is if a new claim is started then as her time comes for another WCA the issue of supporting medical evidence is looked at. Try to get some specific and supportive medical evidence that could be used to make a claim that various descriptors apply. Ideally get this evidence in with the return of the ESA50 form come the time. At all times be descriptor focussed.

Regarding your mum at tribunal... tribunals can be a difficult experience... but ironically of course the more difficult you find them then the better it can be if you're claiming to have particular difficulties. The disadvantage is of course she may fail to communicate key information to highlight descriptors do apply to her. But hopefully future tribunals can be avoided or well prepared for.

Jerrylee

Thank you so much CptScarlet and Muttleythefrog!

I really apreciate you advice. i will look into all above.

I am so glad i came on this site.

Many thanks again