ESA appeal

[jon1965]

Hi
I have hesitated to post this here for the reasons that I think you will see

On may 11th I have my ESA appeal. I am still on the assesment rate due to failing my interview. My sick notes all sign me off for stress/anxiety/depression and my Doctor , although intimidated by the state has filled out a form that will help and stated that my condition varies wildly from day to day.

A few questions, do you think it would be worthwhile to keep a diary for a week or so recording my mood, sleep patterns, activities, feelings etc or will they just see that as trying to blind them?

The biggy though is this...what is probably a major reason for my poor mental health is the fact that after I was sacked last year I was arrested and 6 months later charged with a major fraud (I do not believe that I am guilty of what I have been charged with but there is no doubt that i did some things I shouldn;t have. However I did not profit from any of it as has been suggested).
This is still ongoing . I have been to court but the CPS have yet to provide the evidence that they have. If found guilty the max penalty is 10 years
Anyway obviously this is having a pretty heavy effect on my day to day mental health

Would you tell the appeal panel about this or is it irrelevant?
I do think that as well there are deeper issues here .

[nattie]

Re: ESA appeal

I think that it would be a good idea to do that if only for the fact that you can show this to be the case. It would give a good idea of everything.

If you tell the appeal about this then regardless of anything, you will still be unlikely to find employment since there is a fraud case hanging over your head. Why would an employer hire someone who might have the potential to be incarcerated and unable to do the job they are hired to do?(not trying to be too blunt but it might explain the depression as well if this condition was diagnosed after the sacking and police investigation).

[nattie]

Re: ESA appeal

http://www.esahelp.co.uk/appeals.pdf

The above is the guide to appeals so that other people can form an opinion and provide advice to you on the way forward as I am by no means an expert at all.

[jon1965]

Re: ESA appeal

I think that it would be a good idea to do that if only for the fact that you can show this to be the case. It would give a good idea of everything.

If you tell the appeal about this then regardless of anything, you will still be unlikely to find employment since there is a fraud case hanging over your head. Why would an employer hire someone who might have the potential to be incarcerated and unable to do the job they are hired to do?(not trying to be too blunt but it might explain the depression as well if this condition was diagnosed after the sacking and police investigation).

Thanks Nattie
So , and as some of you know I need things spelling out ....
You think keeping a diary would be a good idea

My depression etc have been ongoing for a long time to a greater or lesser extent. I use the word depression in this case to cover the whole issue, anxiety, low self esteem etc etc
I had 4 months off work in 2009 after a bit of a melt down
It had been creeping up on me for several months prior to my sacking and I do believe played a part in my inappropriate behaviour
Obviously it got a whole lot worse in March last year when it all came to light
So I suppose all that is relevant to my appeal as is the court case.
I honestly feel that although I can function perfectly well in my own world, within safe environments (home, OH's, family etc) when I move out of those it gets a whole lot worse. Other people don't always see it though

[IF]

Re: ESA appeal

Jon Have a look at this site too, it really does help. And PF's link below.

----- > http://www.benefitsandwork.co.uk/

IF...x

Another good site for ESA and DLA which I found yesterday is:

THE FULL FACTS Index page


Regards

[nattie]

Re: ESA appeal

Jon, personally the diary sounds a great idea but I have to emphasise I am not an expert on ESA appeals whatsoever.

[pompeyfaith]

Re: ESA appeal

The difference with ATOS and the tribunal is Atos are only interested in what you can do regarding work where as the tribunal will take all evidence on board so yes anything you feel will make a difference to a tribunal decision is good.

Having a diary of a typical week makes you limitations quiet clear and a lot of info can be gained from a diary.

I am going a step further and having my diary composed and published on wordpress blog for all to see as it will give a very good snapshot over the month's and years eventually.

The blog is also very good because I can edit to my hearts content when ever I want plus can print of any pages at ease for an atos/dwp medical.

Lets not forget next year 2013 all those on DLA will have to go all through this again when it goes over to Personal Independence Payment (PIP).

I very strongly advise anyone who may be affect by PIP to do your homework and lay the foundations now in readiness.

A very good PIP resource here:

We are Spartacus PIP Consultation

Regards

[jon1965]

Re: ESA appeal

Thank you girls and boys
Just an aside pompey....my ex is 67 and gets DLA, will she still have to be reassessed. She was awarded it for life ...

Also I just want to say a huge thank you...I wasn't sure what expertise were on here regarding benefits so I posted on MSE as well....and the second reply said and i quote..."you are depressed because you are a criminal, I give up"

[pompeyfaith]

Re: ESA appeal

No she will be unaffected as she is over retirement age pip will only affect those upto 65.

Those comments are what lets that site down, we are not here to judge but to get on and help in anyway we can

Those comments really piss me off they do not know you or what your situation is unless they have a crystal ball of course lol
Regards

[jon1965]

Re: ESA appeal

All your help is much appreciated thank you.
I can be a bit dense at times...sarcastic as hell but dense . Think Niddy wants to gag me at times lol.

[pompeyfaith]

Re: ESA appeal

Dense I can relate to that here:

Home Page Diary of an SAH Stroke Survivor

[jon1965]

Re: ESA appeal

Hi again
Well looked at all the sites. I wish I could afford to pay but I can not join up on the paid site. Never mind.

The more I look at it the more difficult it seems, because it's mental health it's not so black and white. I am keeping a diary but find it very difficult to express how I am feeling. If you met me you would probably think I was ok.

I am looking at the full facts and am going to start work on a statement to take with me, based around my letter of appeal. Lee (my OH) will be comimg with me but that presents a problem in that part of my low self esteem presents itself in a way that he would be devastated if he knew about. I am not sure if I can trust the panel not to reveal it. If I can get it done this week i will email it to them.

I read somewhere that appearance matters, but is that looking smart or scruffy, do i dose myself up on valium?

I even went and posted on the pother two sites , on MSE I was called a criminal did me a power of good but I did report the post and it was removed, on cag I was banned within the hour. I really should give up with them but i want to be liked and be able to help people and the bastards won;'t let me. Ok so i argue but only with idiots, just a shame they are the site team.
Thanks for listening to my moan.

Jon

[pompeyfaith]

Re: ESA appeal

There is another site here which is free:

THE FULL FACTS Index page

I was a member of benefits and work but I let it lapse as there are now free ones popping up.

[jon1965]

Re: ESA appeal

Thanks pompey. I have posted an essay on there

[jon1965]

Re: ESA appeal

Well thanks all, my task for today and tomorrow is to write the final submission that I will present on the day. Something I hadn't thought about was the side effects of medication....an example is that they can effect my Liver and I know my liver results are odd (like its owner) and sometimes I get soe mild symptoms of jaundice...no fun having to run to the loo.
Another one is nightmares, again it can take a while to get moving in te morning if you wake up suddenly from a nightmare.

In summary its the stuff you don't think about that may just tip the balance...