Long DLA appeal with positive result - now ESA have given me 0 points. Can't cope

Jokey

It's such a long story but I'll try & cut it down as best as possible:

I suffer from a variety of mental health issues (depression, anxiety, paranoia, drug misuse, sociophobia, OCD etc.). I am asthmatic which is frequently triggered by panic attacks.
I also have Crohn's disease which, on it's own, would not be a problem but paired with incontinence & the above issues is a complete nightmare.
I am now also being assessed for adult ADHD which is a likely prognosis.

I was on highest care & low mobility DLA for 3 years which was lowered to lower care for a year after. I didn't agree with this decision but decided not to appeal for the fear of losing any money.
When it came to reapply for DLA in 2010; I was late with the claim form & they treated it as a new claim, therefore I was turned down.

Since 2010 I have been appealing & it's been a total nightmare. Lots of medical reports, adjournments, medicals etc.
Finally in June of this year I was successful in my appeal & was awarded Middle care & lower mobility from August 2010 to August 2013.

I have been on Income Support with Incapacity benefit for a number of years (claiming for myself & my partner). Due to the changing over to ESA; I had a medical with ATOS, I missed 4 appointments prior to this one due to obvious health issues but managed to get to this appointment with my carer, who is also my partner.

Last week I received a letter to tell me that I scored 0 points on the examination & therefore my benefits will be stopping. The reasons given were lies. Everything we had said or did were twisted & they have made me feel like a skiving liar.
My partner has telephoned & arranged an appeal form & we have sent a sick note in.

However. I simply cannot cope with another appeal. The last one almost killed me, I was suicidal & constantly drained from it all & exacerbated all my symptoms. I just don't want to go through this & just wish I could run away from it all. I feel like my head will explode & suffer a breakdown.

My question is this:

Would it be more beneficial & less stressful if I were to leave the appeal & accept their decision? We were thinking it may be a lot more easier if my partner (my carer) was to apply for Income support & carers allowance (which will become a premium) and to add me to the claim?
Is this allowed?

I have limited knowledge of the system, all I know is that I cannot take much more of this.

Thanks in advance & I hope some of you can help x

speedyturtle

Why should you not get what you are entitled to? if you are suppose to get the dla and esa than dont let the government and atos walk all over you. Not sure if you have been hearing the news about atos and the recent meetings in the parliament.

One of the threads explaining the kind of stories
https://forums.moneysavingexpert.com/discussion/4164279

I cant find the other link for the thread but it had a video link related to people with disability and esa.
try this website and try searching for atos and see if you can find it.
http://www.parliament.uk

The government and atos are in this together, the only difference is that atos is doing the dirty work for the government. They are doing this to save money so they can give bonuses to there friends in banks so dont be hard on yourself. I have always believed that no matter how difficult it is but if i believe that i am right than i would not back down no matter how difficult it gets for me and you should do the same and standup for what is rightfully YOURS.

The best advice i can give you is to contact your local CAB and they would be able to guide you properly as most of the CAB in the country are winning most of there appeals and they should be able to guide you in the right direction.

pickpocketlocket

Yes, it would be far easier for your partner to claim IS and add you to his claim, at least until your DLA claim is reassessed.

speedyturtle

Found the link, just go to where you see that they start talking about esa and disability.

http://www.parliamentlive.tv/main/Player.aspx?meetingId=11307

atrixblue.-MFR-.

i would write out your apeal based on the descriptors you think you match for entitle ment either that be limited capability for work related activity or support group descriptors.

based on what ive read and seen in programs, as long as you can lift your finger not completey blind or you can feel basic brail at any pace and power a wheel chair with your arms your going to get 0 points as standard, and this should stop.

http://www.dwp.gov.uk/docs/wca-handbook.pdf

point out also in your appeal form that you won a strong case against the DWP for DLA.

the downside to this is that ESA med assessment is strongly linked to DLA, so if you fial ESA assesment and the assessor hasnt put in that report that your level of DLA (if informed on ESA50) is consistant with you condition then it could trigger a review of your DLA.

Jokey

I'm a little confused

I've never actually filled one of those forms out? I've fought so hard for this DLA & I don't want to lose it.

Is appealing the best way to deal with this then?

skintsocks

Just glanced in at this thread. I've been a Manager in this area for 19 years. I'd advise any appellants to get an advisor - it takes the stress away from you, you just talk to them, tell them your side of things, and they will help you, and advise you how to present the facts at appeal hearings, and tell you about any useful information you can gather in order to strengthen your case. You can get free advice from CAB's who are well skilled in this area - they attend regular meetings with representatives from Tribunals Services, in order to keep up to date with legislation and procedures. Some of them have funding so they can attend the hearing with you, others can't - but it's always worth your while meeting with them. They can also advise you if there's a better way to claim benefits, or other benefits that you could claim to make life easier.

Muttleythefrog

I agree.. I think you need to consult a 3rd party here for dedicated advice... to look at the benefit possibilities as a couple and your claim situations including you capacity to deal with process. There is no right advice here... it could go horribly t*ts up. Hopefully by having a 3rd party take some control and responsibility it may increase the realistic options and give the best course of action. In a sense you're an example of how the system can fail... you're clearly struggling to engage the process precisely because of the sorts of difficulties that process aims to detect. You may also have to take medical advice in relation to this and indeed medical evidence issues could become relevant.

I can only wish you the best of luck in getting some resolution.

atrixblue.-MFR-.

appeal would be best way forward. but fill out the GL24 (use a4 paper with NINO name and addy on it if you run out of space).

have a look at the descriptors in the link, and if you meet some then refure to them, what not to do is completely rip appart the medical report. request a full statement of reasons form esa awell this will give you what the DWP/atos has said in their reports so you know what your dealing with.

dont get to stressed out about it, see it as a challenge and set a goal to wich outcome you want, research and set up meeting with a cab or welfare advisor, get his/her perspective and aim for it.

CPN report.
any recent medical report from GP consultants and submit the with the GL24, photcopy's opnly though dont send out originals.

benefitbaby

I agree with other posts and would urge you to submit an appeal but bear in mind your partner can claim CA at the same time as you receive ESA.

wants.to.be.debt.free

All the best - I hope you get through the appeal with the support of your partner and people on here