ESA how to win first time?

Mrclub

I was on incapacity benefit for 5 years and the shift to ESA declared me fit for work with zero points after constantly scoring enough to win Incapacity benefit every time.

I took a doctors letter to my appeal as well as a letter of support from my housing support worker (I was homeless at the time) and I was refused, I couldn't believe it.

Going on the JSA was a nightmare, I was treat like garbage.
After six months of no luck my depression and anxiety got even worse.

Now Im in the process of sending in sick notes awaiting my first interview by ATOS, my doctor (s) are very supportive of me and i think if anything they will hel pas much as they can so this part of the process shouldn't be a problem.

I Havn't received my first appointment date yet and was wondering how long before I actually get to have my first assessment? I have sent in two months worth of sicknotes as of now.

I'm very angry with how I have been treated by this process, even my doctors say "its rigged" when I talk to them about it.

I keep seeing that the best way to win is with a section called "exceptional circumstances" for mental illness such as I.

A guy I know basically went into his appeal and swore at the judge and doctor, and he walked out and won his appeal.
My appeal i told them I had panic attacks, burn out easily mentally, can become tired under stress and don't cop well with others in a work environment and my mood fluctuates to anger, I even had a doctors letter backing all this up and I still didnt win my appeal?

So what's the deal? do I just threaten a beating at the ATOS thing or what? Can also get my MP to give me an adviser to take with me, that could work with the doctor.

Im not going down without a fight this time.
Any advice folks?

Thanks.

mejjo203

I'm not sure what help i can give, But i fully understand your situation, I have my ESA Tribunal coming up on 6th November.
I'm absolutely dreading it and i'm currently struggling to sleep with worry, thankfully i have a very supportive wife who is helping me a lot.

I'm worried that i will lose my appeal and have to re-claim ESA and start the whole process over again with another WCA. I hope everything works out for you.

tomtontom

Is it in your nature to go around threatening people?

Mrclub

tomtontom wrote: »

Is it in your nature to go around threatening people?

If I become frustrated or due to not eating I can become aggressive, little patience, break things but that normally happens when im under stress, smashed a few things up when I was on JSA.

Funnily enough when I was on Incapacity benefit I rarely lost my temper it was when I was on JSA that I started losing my rag.

Mrclub

mejjo203 wrote: »

I'm not sure what help i can give, But i fully understand your situation, I have my ESA Tribunal coming up on 6th November.
I'm absolutely dreading it and i'm currently struggling to sleep with worry, thankfully i have a very supportive wife who is helping me a lot.

I'm worried that i will lose my appeal and have to re-claim ESA and start the whole process over again with another WCA. I hope everything works out for you.

Do consider talking to your local MP they provide support workers that are clued up on the process, don't leave it till the last two weeks before or you wont get any help in time. Take one of them with you and a doctors letter, and be an A~~hole.

Reasoning with these people just makes you an easy target.

nannytone_2

forcing yourself to be aggresive wukk kead nowhere, apart from maybe getting you arrested for threatening behaviour!

you are much better off looking at the ESA descriptors and finding out where your present difficulties will score the necessary points

Mrclub

nannytone wrote: »

forcing yourself to be aggresive wukk kead nowhere, apart from maybe getting you arrested for threatening behaviour!

you are much better off looking at the ESA descriptors and finding out where your present difficulties will score the necessary points

Can you link me to relevant material?

If I can pin point that, then get the doctor to confirm and take the MPs assistant with me it should give me as good a chance as any.

epitome

google ESA214 see page 22 onwards..

Your assessment could be over a year in the waiting, 6- 9 - 12 - 14 months, so far you've had 2 months of waiting. You're in for the long haul so might aswell get used to sending in sick notes.

tomtom256

Mrclub wrote: »

If I become frustrated or due to not eating I can become aggressive, little patience, break things but that normally happens when im under stress, smashed a few things up when I was on JSA.

Funnily enough when I was on Incapacity benefit I rarely lost my temper it was when I was on JSA that I started losing my rag.

Sorry but this makes you sound like a troll.

No issues on IB but once on JSA that caused you to lose your rag!

epitome

Trolls are aggressive

TELLIT01

Mrclub wrote: »

Funnily enough when I was on Incapacity benefit I rarely lost my temper it was when I was on JSA that I started losing my rag.

It could be perceived that you didn't lose your rag on IB because you were getting money without needing to do anything. JSA expects you to work towards finding a job.

The big difference between IB and ESA is that IB looked at what you can't / couldn't do and ESA looks at what you can do. Having an incapacity doesn't automatically make you unfit for all work. IB, sadly, did seem to make that assumption and it suited some to go along with it.