Have had depression and all the lovely extras it brings, for ( diagnosed) 27 years. Recently, rhuematoid arthritis, then Fibro . Haven't worked for 10 years, before that a 9 year period and 2 year prior to that, through mental health. Benefits system has always excepted that my MH issues were enough to deem me unfit for work. I now have the problems mentioned above and more. Now it seems I've miraculously cured myself. Appeal thrown out, now Tribunal. I'm terrified, but so intent to defend myself, I'm going to the hearing. This is not me, back out of everything, me, get anxious. I'm so full of fury for the mistakes in the last few weeks that I'm going to tell all when I can. ( wonder if they understand the speakycry language) Lied to by benefit system ( hopefully recorded), mixed up paperwork, saying I don't have problems as I can write coherently and comprehensively..I'm enraged by this. So I have every bit of info copied, emails, letters. It'll make me more ill than it does now. My life is so cocked up, with Fibro and MH issues and that I have to prove I have the "unmentionable" condition, which I find hard to deal with around people, to a boardroom ??
Worse still I have to find my own evidence as benefits don't do it. It's costly too. Ill probably pass out, but I need to go if its the only time I ever do. Expecting the " if you are so ill why are you here" stuff. All my replies will melt just opening my cake hole to answer, but I'm gonna go for it. My family are badly affected by all my issues. I at least have to do it for them....great..1st bloody proper blog and I've vented my anger already...
I do have a nicer side, it's just under the anger at the system at the mo....
Anyone been there done that and nearly got that t-shirt?
Ill need to get up and down a bit so I don't seize! I'm not sure who's got what in for who now..??
17 Replies
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I haven't had experience of this but I know plenty of people have and should be able to offer some advice . We have people on here who are really clued up about this so fingers crossed they will log in today and give you their advice
Have you sought advice from your local CAB or a similar organisation regarding your Tribunal? If you haven't please contact them as soon as possible for advice and hopefully they will be able to guide you through it. It is really important that you seek advice on this as you have a higher chance of being successful if you have the support of the likes of CAB.
In the meantime, go through your ESA85 assessment report (if you don't have one ask the DWP for a copy as a matter of urgency) with a fine tooth comb and look for any errors, dubious assumptions by the assessor (Atos' HCP's are very good at that), do they having you doing things that you didn't - perhaps something along the lines of "could stand X minutes and sit Y minutes" when you know that wasn't possible. Check the time they give as to how long the assessment lasted, did they draw attention to anything you know didn't happen etc. If you had someone with you at the assessment then also ask them to have a look at the report to see if there's anything they can see that you may have missed.
My husband's report was a work of fiction and I produced a 3 page submission for his tribunal refuting several inaccuracies and assumptions, including the fact that the HCP had him recorded in the report as sitting and standing for so long that given the time stated for the length of the assessment it would only have left a couple of minutes in which they could have carried out the couch based examination which in reality lasted about 20 minutes!
Thanks for all the advice. I contacted CAB and they were really nice but the guy I spoke to said he didn't know anything about the system and if he did he'd ring back...never to heard of again.
I never had an assessment believe it or not. They went by my questionairre answers. How do I explain that I can do most of the stuff they said, but sometimes I can't, we all know it depends on the day if we can get on with ordinary stuff. I just tried to be as honest as possible. I have 15 points. They say one thing but mean another. I've found a couple of items I need to speak about, but no I haven't went through it closely yet. I find it hard to manage to many things on my mind at once. I need to relax then look. My head feels like its gonna blow when I'm chewed. So I had nobody to say otherwise. I did copy my appeal stuff and need to go through it. I actually got all my info posted back to me this morning. My waiting list is 20 weeks, ill get 14 days notice and 7 days before to get any more evidence together. Think hubby will be away at work too. Even all the MH info about me has disappeared. The GPS have lost my file.. A consultant won't write a letter...if I wasn't ill with Fibro and MH I would take them all on one at a time, but setbacks have made me I'll again.
I would expect that they have a benefits adviser dealing specifically with MH issues - my cousin is a member and can't speak too highly of their services.
Hi, I had our local social services come home to me to help me go through the mountain of paper work, we discussed it (as I am partially sighted) my hubby filled it in helped by the lovely lady) it was such a relief to get it completed I too suffer from MH, depression, fibro, spinal problems plus other medical conditions. I got so stressed I couldn't get out of bed for three weeks, I am sure there must be an easier way to be accessed without sending us mad ( or madder than some of us are )
Hi. Yes I agree. They know what they're doing and what they hope will be the outcome. I don't want to go fight, it has already upset my health and I know it will be awful, I'm terrified, but this once I want to try to be brave, I'm annoyed. I have a feeling ill just faint or cry, but I'm going to do it. I feel sick thinking about it. But I call myself Doolally anyway, so I can't get much worse...or can I ? Xx
Oh, Moffy, I have been at my wits end wanting to talk to someone. I have a support nurse hahaha ...yeah right. Who I could contact when I needed her, I've been so ill with anxiety I've started to stutter. I tried every day for 3 weeks and got no answer from her. So, I went through the mental health orgs. Decided on MIND. I've never been online with such a private matter, but I did it i even told them I was nervous and was worried about telling them. After I'd done it i was so relieved , but my reply wasn't what I expected. I was very deep and honest. I needed to talk. I'd cost a fortune at Samaritans cos i was desperate, so when I sent the email I was elated. They responded with an apology for my problems and give me other sites to contact. I was embarrassed, hurt and upset. So haven't tried again to talk until this site. Believe me it still took guts to join but I'm glad.
Thanks for the help. I may be able to contact more places now I've joined this one. Xx
So sorry to hear about the problems you're having, but could I just say that my ME/Fibro group locally employ a benefits adviser, in fact she was here this morning to help me lodge an appeal. She acts as my appointee, fills in all the forms, deals with everything in fact and is very experienced, so I wondered [a] Do you belong to a local group and [ b] Do they have anyone similarly employed. This might be something you could explore.
Thanks I will have a look. I really never thought of that. There are things I couldn't possibly state on here that I've thought of, but not that. Xx
Hi, got the report, got the points (15). I have the worst year for a long time, and one of those problems was my GP who I saw each time my MH recurred and she understood me, left the practice with out saying anything. She knew ME, not just my illness. I'm trying to find a GP in the practice with MH knowledge now. A few of the people invovled in my health care have told me that the benefit office can ask them if they want info. I've been told its not like that anymore, we have to find it ourselves. You can't believe what this is costing or how much I've been asked to pay for my own health history. I will try again though, thanks xx
I got 15 saying I'm in limited for work, then the next line was other issues suggested i could so placed me in work related. Been told I'm on support then not. No wonder I'm mad...??
Sorry,esagestapo, my last comment was reply to you, but I'm getting blocked out each time I try to comment. Logged out, signed in again, twice today. Not working.
Can anyone leave a hint as to why I'm having lots of problems? I can't reply to anyone :((
Hope everything goes ok for you. I am due to go to tribunal early next month and suddenly because of the latest "report" from my doctor,it is now felt that after 16 months of waiting and preparing a case the cab now think its unlikely that I will be awarded anything. I am still going ahead with the tribunal as ive waited 16 months and up until January this year I had a good chance of winning my case. I don't want to go and put myself through that farce but its the principle of the thing and I truly believe that I should have been awarded dla in the first place.
No,never give up ! I got 0 points at atos medical. CAB told me my case for appeal was not strong enough & were not willing to take my case on,as they only have limited funding,and they use these funds to help people who have a cast iron case. My GP would not write a letter for me to take to appeal. However,I went to the appeal on my own. Told the Truth,and was awarded 18 points at esa appeal. Am now awaiting date for my DLA appeal. We have to fight them all the way,not easy when we have fibro I know. They just hope we will give up & go away ! Good Luck
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More a statement than a question
Nobody understand 😩😩😩
Am I out Of Order?
tribunal was awful
Failed ESA tribunal. What now?
