Filling in the ESA50 form *update and question*

rogerblack

looby75 wrote: »

Right I got the medical report (after the second time of requesting it!)

Now I'm not sure what to write on the appeals form. There are quite a few discrepancies, the nurse has only focused on things I've said I can do and completely ignored all of the things I can't.

Several points.
There are errors that are important, and errors that at best go towards discrediting the accuracy of the report as a whole.

For example, if they reported that you opened a door with your left hand, and you did it with your right - if neither hand is disabled - is quite irrelevant.

Go down the list of descriptors.
Work out what you in principle may score points on.
Starting with the highest scoring/most likely ones, work down the list, briefly summarising the problems with the report, and referring to other evidence you may have submitted.

Then, later decide if the report as a whole is bad enough that it's worth complaining to ATOS/the persons professional body.

looby75

ok I'm doing my appeal now. Do I have to state that I would like to be paid ESA at the assessment rate, backdated, or is the fact I'm sending a back dated sick note be enough.

Oh god this is so stressful. I feel like I'm just repeating myself from the assessment form I filled in for the medical.

Muttleythefrog

I would state it looby... Say you wish to claim ESA basic rate from date x while awaiting appeal and enclose a medical certificate in order to qualify.

Agree with roger's advice. Focus on the descriptors you feel apply to you. Any supporting evidence you can get of descriptors applying would be great to include. I would be tempted in appealing to also try to discredit what sounds like a clearly dubious medical report. If the report described you as average build when you are clearly obese then examples like that would give any reasonable person serious doubts over how reliable the rest of the report is. There must be some point at which even a DWP DM wonders if the report is going to be so ridiculed at a tribunal that they've no option but to also reject it... and sometimes that happens.

looby75

Thanks Muttley, I've added a bit at the end about the description part being another example of how I don't feel the medical report accurately describes my current medical situation.

Now to write it all out on the form, I'm going to need to use a lot more paper than the tiny box they give you on the appeals form!

looby75

sorry to be a pain but a couple more quick questions.

I've typed my appeal out on the computer as a draft. Rather than now hand write it all out again (in block capitals!) would it be ok to print it out and attach it to the appeals form, and just write a basic I want to appeal, please see attached page for the reasons why, in the tiny box on the appeals form. I'm going to have to use extra paper anyway so it just seems daft to hand write it all when I could just print it out.

Also when posting it, they send a free post envelope with the appeals form but as there is a deadline for the appeal to get there (29th Nov) should I send it special delivery or would a proof of postage receipt be enough?

Muttleythefrog

There is potential merit in using a more documented delivery system.. I think one person on MSE once said use the best service you can afford..lol. Bottom line is sometimes things go missing... and the DWP take time to process post... the latter meaning you could end up spending quite a bit on phone calls chasing up whether they actually have received your appeal.

See no problem with what you're planning to do regarding documentation. I would be tempted to use the form as much as possible and then refer to attached (printed) paperwork for additional information... presumably 'why you disagree with the decision' type material. The form is useful for getting criticial information needed.. so if you don't use its sections then ensure your appeal 'letter' gives the details of the decision you're appealling... WCA decision for ESA made on date x than you do not have limited capability for work.

I would make sure you sign, date and put NiNo number on any documents you create that you send with the form.

looby75

I've just checked the price of special delivery :eek: £5.90!!!!

looby75

right it's done, ready to take to the post office tomorrow. I can't believe how stressful this afternoon has been. I'm sat here shaking now just thinking back to the medical has been really really difficult and yet again having to go over how pathetic I am has left me feeling so low

People keep telling me that CBT/counselling etc takes time and that it's not a miracle cure but I feel so guilty for not feeling better yet, I've got all these people trying to help me and I'm really really trying to get better but everything I'm trying seems to make no difference. And being told you aren't telling the truth (which is pretty much what the medical report summed up to)about how bad you are feeling makes you feel as though you should be feeling better because they says so (if that makes any sense)

Thank you everyone who's helped me on this thread, I really don't know what I would have done without your support. I hate feeling like this, I just want to get better.

System

looby75 wrote: »

right it's done, ready to take to the post office tomorrow. I can't believe how stressful this afternoon has been. I'm sat here shaking now just thinking back to the medical has been really really difficult and yet again having to go over how pathetic I am has left me feeling so low

People keep telling me that CBT/counselling etc takes time and that it's not a miracle cure but I feel so guilty for not feeling better yet, I've got all these people trying to help me and I'm really really trying to get better but everything I'm trying seems to make no difference. And being told you aren't telling the truth (which is pretty much what the medical report summed up to)about how bad you are feeling makes you feel as though you should be feeling better because they says so (if that makes any sense)

Thank you everyone who's helped me on this thread, I really don't know what I would have done without your support. I hate feeling like this, I just want to get better.

Looby, easier said than done but try to worry about that. There is no set time per say for recovery. For some people, it might take a few months, for others (and include myself in this) it can take years. You're getting help and taking steps to get better but don't feel you have to rush it, take as long as YOU need.

looby75

Just a quick update, I got the letter today to say they had received my appeal (I already knew they had as I sent it recorded delivery, couldn't afford to send it special delivery, but it's still nice to have it in black and white) but the letter didn't mention anything about my payments starting again.

So I gave them a quick ring and they said I'm getting back paid from 26th October and it will be in my account on Friday. I also got a nice surprise that they don't need a new sick note from me until 4th Jan. I assumed that as it was a back dated sick note they would take it from the day my GP said I was incapacitated from and not the actual day she wrote the sick note but nope it's from the day she wrote it

I've just been "upgraded" to intensive CBT and am waiting for an appointment with a higher level counsellor now, so fingers crossed it won't be too long and I can just concentrate on getting better for a while now.

Apart from the work programme that is, they have insisted that I come in for an appointment next Tuesday. I explained that there is no way I can come on my own and they have agreed that I can bring someone with me, so I have arranged for my father in law to take me and my best friend in his car and I have diazepam ready for the day.

Anyway just another thanks for all your support.