Getting what I deserve

realworld34

Hi everyone. I am on here to ask for some help and advice. I suffer from Bi-polar Disorder and after going through the whole process of being assessed for ESA I have failed and have received a Statement of Reasons explaining why. It goes without saying that I will appeal further.

Their reasoning was that I am not a risk to people or myself. According to my mum they thought I was putting it on. As someone who has taken two overdoses in the past and had many thoughts of self harm I can tell you that that is not the case.

The first thing I noticed on the statement of reasons was that they had spelled my second name wrong. In addition to this the judge implied that I had ended the discussion when in actual fact it was him who told me that that was it. The attitude of the judge and doctor was patronising and at times downright rude.

They have this bizarre notion that because I can complete online surveys in the comfort of my own home, on my bed and under no pressure, that this means I can claim JSA, accept a job and everything will be hunky dorey.

My family and I are furious. I want what I am entitled to. I have got an illness that has blighted mine and my family's lives. I would appreciate any advice about ESA, the appeal to the Upper Tribunal and other benefits{if any} I may be entitled to.

Housing_Benefit_Officer

So what does the statement of reasons state? Does is say, as your Mother claims, you were putting it on? I would rather have the facts than a third party biased interpretation.

Having lived with someone with Manic Depression and worked with people with Manic Depression they have all seemed perfectly capable of holding down jobs and with proper medication and help and support manage their highs and lows.

Where do you fall is the Bipolar Spectrum?

starlight29

Hi
My sister has bi polar she has a key worker and crisis team who go see her everyday she also works full time. Work were great with her they had a meeting about how they can help etc and have been fab the crisis team went to see them too. My sister says working full time helps her no end as it gives her something to focus on shes on a lot of meds so has to have regular breaks to take them but thats ok.
If you feel the dwp are wrong could you ask your crisis team or keyworker to help with the benefit side of things or your psychologists team ?

Starlight

rowland37

Having bipolar disorder doesn't preclude someone from working nor does it give automatic entitlement to benefits. In fact, there is a lot of research which demonstrates having 'meaningful daytime occupation' is beneficial for your mental health. Individuals with bipolar experience the impact of the illness to varying degrees. I believe, though the technicalities of the law are beyond me, if you have been to tribunal and been turned down, you may only take your case to the higher tribunal if there has been an error in law. Alternatively, if it has been six months since you first applied for ESA you can start a fresh claim.

For information purposes, I have been diagnosed for 25 years. My psychiatrist describes me as treatment resistant and I take a complex regime to keep me stable (up to 6 different medications daily). I work, currently study towards a degree and am a lone parent to three teenagers. I was in the support group of ESA, but chose to work, I still receive DLA. The system said I didn't have to work, but I wanted to.

laineybird2000

My brother has suffered with bi polar for years, he hold down a 45,000 a year job, has two PhDs... Get a job, it'll help with your symptoms.

Twisted_Cherry

With all due respect not everyone with Bipolar Disorder is the same, there are varying different kinds of this illness!

It is really wrong to make assumptions about the OP and the severity of her condition.

I've been an inpatient in hospital on many occasions for mental health issues and I have seen patients with Bipolar, some are so manic they cannot function and medication makes them worse, or the opposite end of the scale, medication makes them so drowsy they can't move or speak!

Anyone here actually experienced psychiatric drugs and there side effects? (Apart from #4)

It is all about finding the right balance and getting the right medication can take time.

In my local wards there are currently patients with Bipolar that are sectioned and some have been there for 2 years+

I do not have Bipolar myself, but I do have on going mental health issues that requires treatment, intervention, therapy and medication! The drugs I take to keep my sane make me extremely tired, I'm normally in bed by 8pm as I can't keep my eyes open!

Weighing up the pros and cons I would rather take the medication than not, being an inpatient, taking overdoses is no fun I can tell you!

Sadly not all employers accept mental health issues, my previous employer was useless when I became ill, and that was when I worked for the local council!

rogerblack

realworld34 wrote: »

Hi everyone. I am on here to ask for some help and advice. I suffer from Bi-polar Disorder and after going through the whole process of being assessed for ESA I have failed and have received a Statement of Reasons explaining why. It goes without saying that I will appeal further.

No, it doesn't.
The reasons to appeal a decision of the first tier tribunal are limited to errors of law.
If they have specifically said they made the decision they did because they made a decision on the facts - explaining why they came to the decision they did, you may not be able to appeal.

Not believing you is not a ground you can appeal.

You can only appeal facts they have determined if they are so far out of line that no reasonable tribunal would have come to the same decision.
This is _FAR_ from 'the decision was unreasonable', and even further from 'because I disagree with their outcome'.

Appealing to the upper tribunal is _NOT_ simply a re-hearing covering the same ground.

http://disabilityrightsuk.org/appealing-upper-tribunal-against-first-tier-tribunal-decision

In most cases, you can re-claim ESA, if it has been 6 months.

skintandscared_2

What medication are you on? If you are finding it is making no difference or does not help, see your GP. There are many alternatives that might help you.

I don't think that Stephen Fry or Russell Brand allow bipolar to "wreck" their lives, although I appreciate every case is different. Sometimes, however, finding the right medication allows you to focus a positive energy into something productive.

pmlindyloo

rogerblack's link is excellent so have a read.

If you do want to take this further then I suggest you gather all your paperwork and take it to somewhere like CAB (choose one with a Welfare and Benefits specialist) who will be able to guide you as to whether you have sufficient reason to appeal to the Upper Tribunal.

If they advise you that you do not 'have a case' then I would apply again for ESA (presuming 6 months have passed since the original decision.)

If/when you apply again I would suggest that you get some further help with your application.

Sometimes illnesses that are 'fluctuating' (another example is ME) present particular 'problems' when applying for ESA especially as far as the medical is concerned. The person may 'present' quite differently on the day. That is why it is particularly important that evidence of your illness is backed with letters etc from doctors/consultants/counsellors and other professionals.

notanewuser

"Deserve"? Seriously?!

jacques_chirac

In another post you say your bipolar is controlled by medication. If this is the case, you will not qualify for ESA.

What descriptors do you believe you meet?