Work capability assessment, I scored 0 points.

Iwanttobefree

Alice_Holt wrote: »

Have you prepared your submission explaining the grounds on which you should have been awarded ESA?

(See post 6)

Yes I have, many thanks for all your help.

Even though on the initial appeal form I listed the points I believe I should score on, at the pile of notes now runs into a silly amount, I am in the middle of typing up a conclusion to email them with out any waffle etc, just sticking to the actual points and reasons why, I'm also including most of the depression post I talked about in my above post.

Alice_Holt

Iwanttobefree wrote: »

Even though on the initial appeal form I listed the points I believe I should score on, at the pile of notes now runs into a silly amount, I am in the middle of typing up a conclusion to email them with out any waffle etc, just sticking to the actual points and reasons why, I'm also including most of the depression post I talked about in my above post.

It's best to keep your submission brief, to the point, and clearly address the relevant descriptors. I would suggest a maximum of 3 typed pages.
Any more, and you risk the key points getting lost. Remember the panel have limited time for the hearing.
Ideally your submission summarises your case identifying the relevant descriptors, the panel will then ask you about these descriptors. You take notes / examples / a diary to the hearing (for your own use) which you can use when giving the panel your verbal evidence.(Acting as a your memory prompt).

Take copies of your submission to the hearing in case it hasn't been distributed by the TS to the panel members.

LynV

My husband was claiming DLA with no problems then he was told he would be switching to PIP, We filled in the form detailing all his problems and then had the face to face where he scored nothing. Since 2010 my husband has had severe short term memory problems and scrambled long term memory issues. He can ask me the same question 3 times in a minute. I cannot give him a bank card as he draws money out willy nilly every day so I just give him £3 for his papers every day now. I cannot send him into town on his own as he does not know town as it is now its still 25 years ago to him. His doctor has moved so he can't go to the doctors on his own . He knows his local area and can go to the shop round the corner. He walks me to school to work every day then he goes home a journey that is ingrained as he has taken his lads to school and then me for the past 17 years. He cannot cook a meal for himself as he knows where nothing is in the kitchen. I leave him a flask of coffee every morning. I have a whiteboard on his table which tells him his lunch is in the microwave, press start 7 times. Plus anything he has to watch on sky planner. If he turns the telly off for some reason he can't get it back on again so he has to ring me to talk him through it. He is not comfortable with strangers or in company with people he knows he is quiet as he does not understand sometimes the conversations going on so has no context. We have our appeal heard on 13th February, been waiting for just over 6 months. What chance will we have do you think of a good result.

System

burnsguitarman wrote: »

Maybe if you focused on what you can do, and be more positive you would feel better.
I haven't read all your posts, but you sound very negative. Every symptom you have sounds to be totally debilitating , when in reality, many people cope with these, and work to support themselves.
I am not saying you don't have genuine illnesses, but are they really so bad?

Speaking from expereince i think when you're mentally ill you do focus on the negatives. Because everything is negative. You wake up wishing you'd died in your sleep/ You have no energy to function in doing even basic tasks like washing/getting dressed/cooking etc. When i was very ill and on ESA there were few postives to focus on. I couldn;t function like a normal human being. I certainly couldn;t work, and in order to claim ESA you have to be very hnst about all the negative parts you;re struggling with spo yes people do focus on them because thats what you are made to do.



After 3 1/2 years in thee support group (and after years of trying different medicstions) i was able to find a part time job. I've been there 5 years this year but couldn;t have done ot without adjustments such as no early starts, no shifts longer than 6 hours and no more than 20 hours a week. I'm lucky they gave me those adjustments. Many companies would just wrote you off from the start.

I needed to be well enough and in the roight headspace to even consoder working again. If you're not there then it can cause more problems than it solves. I firmly believe you should give people adequate time and space to recover as best they can before they go back into work. Had i lost my ESA and been forced into work i feel i wouldn;t be here typing this now. To be blunt i'd have killed myself.n Having the time and space to recover has been the difference between living and dying.

poppy12345

LynV wrote: »

My husband was claiming DLA with no problems then he was told he would be switching to PIP, We filled in the form detailing all his problems and then had the face to face where he scored nothing. Since 2010 my husband has had severe short term memory problems and scrambled long term memory issues. He can ask me the same question 3 times in a minute. I cannot give him a bank card as he draws money out willy nilly every day so I just give him £3 for his papers every day now. I cannot send him into town on his own as he does not know town as it is now its still 25 years ago to him. His doctor has moved so he can't go to the doctors on his own . He knows his local area and can go to the shop round the corner. He walks me to school to work every day then he goes home a journey that is ingrained as he has taken his lads to school and then me for the past 17 years. He cannot cook a meal for himself as he knows where nothing is in the kitchen. I leave him a flask of coffee every morning. I have a whiteboard on his table which tells him his lunch is in the microwave, press start 7 times. Plus anything he has to watch on sky planner. If he turns the telly off for some reason he can't get it back on again so he has to ring me to talk him through it. He is not comfortable with strangers or in company with people he knows he is quiet as he does not understand sometimes the conversations going on so has no context. We have our appeal heard on 13th February, been waiting for just over 6 months. What chance will we have do you think of a good result.

This thread is all about someone elses ESA claim, so completely different to PIP. I would advice you to start your own post, this way you'll have a lot more people reply.

JimiBoo

Hi can you advice me please my mother has had a claim in for esa since April 2016 in November 2017 her support worker rung DWP to ask why she has not had a medical they told her that she got lost in the system so she asked how that was possible has they had been sending reminders for her fit notes anyway they sent her a formal to fill in for medical assessment which was returned in December with supporting evidence and has heard nothing since is this a normal process or should I seek advice thanks

Iwanttobefree

Today, I had my Tribunal.

I was told before it started that due to so many cases, everyone will hear via post either tomorrow or Monday at the latest.

I'm not getting my hopes up, I don't think it went that well.

The problem is, I couldn't think straight, and when they asked me questions, I was thinking about it and saying "well I suppose yes" and before I got to the word "however", the judge women interrupted me and said "that's all we need to know"

It felt like watching a court room film where someone is portrayed differently under cross examination as they are asked yes or no questions which imply one thing, but aren't allowed to explain their answer.

The classic example being "does your mum know your stupid, yes or no"

Yes your mum knows you are stupid, or no your mum doesn't know you are stupid, but it's still implied that you are.

The doctor asked me a question about driving, we drove a few times to my sons uni over the years, some occasions my wife drove the entire way, some occasions I drove part of the way until I felt tired.

She asked me about a specific journey last year, I couldn't remember, my mind was completely like a sieve, I said "I think my wife drove that day" to which she replied "but you've put in your notes that you drove some of the way"

I felt like saying "why ask then ", it felt like she was trying to catch me out, when the truth is, the paper work was at 180 pages, I had written many things over the course of the year, I simply didn't remember.

From what they said some of the time, they appeared to have read all 180 pages, but other times, it felt like they hadn't.

They asked me about my ability to use a wheelchair but didn't seem interested in the fact both my Physio and GP think it will hinder my recovery.

The worst was when talking about my depression.

I don't really want to go into it in detail here, just will say that unless I'm concentrating on remaining calm, I verbally snap when asked the most mundane things.


I went into detail about this aspect of my depression, how I hate talking to people in real life and avoid them at all costs. They asked my wife how often I act like that towards her, she said about 3 times a week.

This is when I'm concentrating on something, say taking part in a thread on discussion time, and in thought mode, or replying to a DMP letter. Someone interrupting my thought to say offer me a coffee, can lead to a totally uncalled for outburst from me, which has only happened since my CFS/ME where I can't handle the slightest bit of stress.

They asked me to give examples on how I've acted towards members of the public, I tried to explain that I avoid dealing with them at all costs, rarely leave the house, but I don't think they grasped it. My wife pointed out that I lost it with another customer in the supermarket in January, and I also screamed abuse at a car that didn't stop at a Zebra crossing but I don't think they grasped the seriousness of the situation, it felt like they thought I was using this as some sort of excuse.

I tried to explain that when I've had a few weeks to prepare for my Tribunal, I'm concentrating the whole time on not loosing it. Likewise, a short GP appointment, I'm, concentrating on remaining calm.

The judge woman said "surely if you are at work, you will be concentrating just as much hence you will be fine"

She didn't seem to grasp that it's when I'm thinking about something, the slightest bit of stress tires me, and if I'm concentrating on doing my job, I am not concentrating on not loosing my temper.

My wife tried to explain (how I used to be before I got ill and how I am now etc) but it seemed to fall on deaf ears.

They asked us to wait outside, then called me back in and said "so, lets make sure we're understanding, you cant work 16 hours a week because you feel there's a slight chance you will be rude to someone".

I tried to explain, but I was spoken over time and time again, was very very stressed, stuttering (which I don't normally do), getting confused, and all in all it was a very horrific experience.

My wife told them that they weren't understanding me, and that being in the Tribunal for 30 mins or so is a completely different thing to me being in there for a few hours every day.

And so it went on.

Some of the time it felt like they believed me and were totally understanding me, at one point the judge woman asked why I wasn't claiming both PiP and DLA, and at another point they said we needed help and that my wife was obviously stressed having to deal with everything at the moment.

But both me and my wife felt that the over all tone was that they are going to say no.

By the end of it, when they asked me if there's anything to add, my mind was numb, and I just sat there, in hindsight, there was a ton of things I should have said.

I got home at about 1pm, fell straight asleep and I've just woken up.

Was a really really horrible experience (I've been in actual courts on numerous occasions both as a witness and as the accused, minor offences, such as possession of £8 worth of cannabis in my younger days), and none of them were as bad as this, but I wasn't ill at those times.

There was also 2 people from the DWP sitting in as observers, not taking part, which I agreed to before hand.

I spent weeks preparing a diary of events to explain things etc, I didn't get the chance to refer to any of them due to the questions asked.

To be honest, while they are totally independent, I found it harder getting my voice heard to them than I did to the original medical assessor

Ah well, I'll shut up, I'm now going to get very very very drunk, even though my medication says I mustn't drink.

Muttleythefrog

It does sound like it may not have gone well... although of course hard enough for you to tell and you were there. You will find out though soon enough. Don't write off potentially claiming again better armed if you have gotten a bad outcome.

Iwanttobefree

Got the letter today, appeal refused.

I could tell at the hearing as could my wife, the questions they asked, the way they were worded, the way I was talked over and shut up, it felt like they had decided before I entered the room.

Really really cant be bothered with this anymore, they've won, they've worn me down.

I will simply write to all my creditors telling them its tough luck, £1 a month for the next 7 years until mortgage is paid off, take me to court if you like, I have no money.

All the time being signed off sick by my GP

Blueday

Iwanttobefree wrote: »

Got the letter today, appeal refused.

I could tell at the hearing as could my wife, the questions they asked, the way they were worded, the way I was talked over and shut up, it felt like they had decided before I entered the room.

Really really cant be bothered with this anymore, they've won, they've worn me down.

I will simply write to all my creditors telling them its tough luck, £1 a month for the next 7 years until mortgage is paid off, take me to court if you like, I have no money.

All the time being signed off sick by my GP

Sorry to hear this IWTBF.