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Can anyone offer any help on ESA appeal?

Bloodheart

Okay so I was denied ESA after scoring zero on the ATOS medical assessment, thus I appealed and my appeal will be heard on 4th Janurary 2013...

This is my first time doing this so I'm completely and utterly clueless about what to do and what to expect, and how best to put across my case to win my appeal. People tell me that I should have 'evidence' but I don't know what 'evidence' I can give other than the details of my autism assessment...in my GP's surgery I never see the same GP more than once so they don't know my problems, I only ever go in to get new medical notes and antidepressants (anxiety). 

I'm really worried about going in - but I guess I have to in order to put forward my case - as I'm not sure how well I'll be able to cope in explaining my situation and why it effects my ability to work, although one could argue a huge stimming fit followed by a meltdown may be of benefit...it's not the case if they don't recognise it's a meltdown and can't then hear how other aspects of my autism effect my ability to work. I just don't know how I'm supposed to explain my problems if I struggle to talk at all! I have no one who can go with me, some people have mentioned advocates but I don't know how to get an advocate...especially not on such short notice. 

Basically my problems are;
I can't use a phone...sometimes I can't even be in the same room as a phone without freakin-out, severe general anxiety making me constantly on edge, I can't roll-play so training or interviews are impossible in most cases, I wouldn't always be able to interact with people, I'm verbal but can slip into non-verbal, I have severe meltdowns and shutdowns, sensory issues with touch so uncomfortable in my surroundings.

I know I'm far better than many of us on the spectrum, in the past I have been able to work but I've regressed considerably due to almost 5 years of unemployment, but it doesn't change the fact that there are real problems that stop me from working or at least limit my ability to work. Largely the problems are that any work I could do given my qualifications (call centres, office work, retail) would be impossible for me, and I can't even phone an employer to apply for a job or arrange interviews. 

I'm scared of being kicked off ESA and thrown back to JSA - I guess this isn't the time to go into how ridiculous and horrific being on JSA is (although WRAG on ESA isn't going to be much better, I imagine), so all I'll say is that going to the job centre every fortnight nearly led me to take my own life, it makes me so ill with anxiety and worry, also as I can't possibly follow job seekers agreement due to my autism it means they can kick me off JSA whenever they like. I don't fit on JSA or ESA. 

Any advice on what I should do in my appeal?

  • Hi Bloodheart, There is an organisation called DANDA, for people who are neurodiverse, as we are. They have a really useful table, which lists potential problems faced by people with various conditions, like autism. There is a tick against problems which are typical of each condition. You might find it useful to go through this and highlight each item that you have a problem with. It may not cover everything, as we are all different, but you'll find it should cover enough to give them a good idea of the problems you might encounter in an interview or work situation. You have a right to ask them to read it, as a "reasonable adjustment" because you have difficulties expressing yourself verbally.  The link is below.

    http://www.danda.org.uk/media/General/Table%20-%20problem%20areas.pdf

    Do also ring the NAS Helpline, or your local council, to find an advocate. Or Google "advocacy" and your postcode, to see if any come up.They might be able to delay your interview until they are available to accompany you. I hope you find this useful.

  • Okay,, guys I am angry after reading the content of Bloodheart post, systems which are suppose to assist those that are vulnerable are making vulnerable people more vulnerable as a result, to my asperger mind, it is illogical and immoral to do so. I just hate unethical games especially sown by organisations and governments. We PROTECT is there mandra, the true reality is different on the ground.

    If you met me in person, you would find me,, very polite and hopefully nice. Maybe my postings just bring a little bit more expression out of me. It was a trigger moment, Easy glad you found it easy on the eye and enjoyed the flavour. Wink 

     

     

  • It looks like gibberish to me. I'm not sure of the point of the post either.

    Not sure how it's well written when it's inaccessible to those of us with sight impairments.

  • I thought it was well written,

    very clear where he stands and what he thinks of the benefits system.

    I think he meant to shout to explain he feels strongly about this issue.

     

    Dont think its targeted at anyone on the forum so its not bullying.

    OK its a bit of a rant but I like strong opinions.

     

  • hohner - can you edit your post please? It's aggressive and gives the impression you're shouting. (and it's unreadable for me)

  • Buy a gun,, sorry that is America, or is Britain becoming heartless America. Letting off steam here,, sorry folks. ATOS is satanic, run by a satanic British government. It does not matter if you are on ESA, JSA, PSA, ASA, OR PISSA.... they are just playing with stats moving one column into the next column,, nothing to do with assistance. Let me put this into prespective,,, up to 19th century when a private soldier died on the battle field, no one cared, lucky if they were buried in a marked grave. If an officer died, they got a mark grave stone..., the moral to that story is... THE SOCIAL ORDER HAS NOT CHANGED.., in the benefits cycle we are ALL UNMARKED GRAVES...   WERE ARE NOBODIES ! pain, suffering, condition, autism,, making no fucking difference to any of these satanic rulers,, never has, never will.  Organisations like the NAS and other bodies are just there to control the mob, aka containment theory on behalf of the satanic circle, you will find if you look at any of these boards, you will find a satanic connection to the government. IT IS ALL JUST FRIENDS IN CORRUPT PLACES.

    My suggestion,, is to pop and cause a disturbance. You will not be able to affect order.,. but you will feel better. Poke the bastards in the eye before you die.  Let them taste a slice of your vulnerability and teach them pain.

     

  • You need to write a letter stating why you don't agree and you have to make it relelvant to the descriptors. For example:

    "I am unable to go to unfamiliar places by myself. This is because I may wander due to having no sense of direction. Due to my Autism I have anixety and have panic attacks if I get lost. I need someone with me to ensure I don't get lost and need someone to help calm me down in the case of a panic attack".

  • hi bloodheart,

    do you know about the "descriptors" used to decide whether you qualify for esa?

    have a look at this department for work and pensions guide (assuming that you haven't alreadySmile):

    www.direct.gov.uk/.../dg_177366.pdf

    i'm appealing against being placed in the wrag group and will argue that several of the second set of descriptors apply in my case.

    i think i know what you mean about visiting the job centre so maybe the "exceptional circumstances" (page 10) apply in your case. it would mean talking to a gp and explaining your distress to get a letter, but this might be good practice for your appeal.

    the "evidence" is about showing how the descriptors apply to you. you could use specific examples, written statements from close family and any "health professionals" you may be in contact with. i'll also be explaining how executive dysfunction effects my day to day living (wikipedia link below):

    en.wikipedia.org/.../Executive_dysfunction

    definitely talk to the nas welfare advice:

    www.autism.org.uk/.../welfare-rights-service.aspx

    i have managed to find advocacy before, even in a rural area, with an internet search, but i suppose time is short in your case. in my experience (ONLY), unless the advocate has very specific instructions from the client (eg "warn me when it looks like i'm melting down", "help me to make this list", "make sure i mention that"), they can be of little help.

    when you look at the descriptors try not to make my mistake and under-exaggerate your problems. i bet you can demonstrate that you qualify!

    i've no experience of appeals before(found the link below, thoough), so if you could let me know how it goes i'd be gratefulSmile. 

    www.dwp.gov.uk/.../

    i'll attempt to watch this discussion and wish you all the best!

  • 1st up, bloodheart, don't worry!

    I know that's easy to say, but, and I forget the exact figures, but something like 90% of people that appeal win the appeal! And something like 90% of first-time ESA medical assesments have to be appealed!

    It's their way of weeding out the people that don't need to go on ESA.

    Secondly, what will happen in the Appeal is that there will be two people there, a doctor, and a judge. The doctor is there to assess you. The judge is there to figure out how to legally put you on ESA if the doctor says you should be on it. There is often a third person (a security guard) who will sit at the back of the room, and is only there for people who may become violent.

    Thirdly, as crystal says, try the NAS helpline, CAB, etc, etc, to get help with this and if there is someone at your GPs surgery that has interest or is knowledgable about Autism then go see them, ask them to write you a written report.

    Fourthly, as crystal says again, write whatever you can down. This will be helpful in the hearing.

    And, lastly, when you get in to the hearing, don't hold anything back - having a meltdown whilst you're there is a good thing! (but obviously, don't put it on!)

    Oh, and being on ESA is nothing like being on JSA - trust me - I used to be on JSA and I'm now on ESA - it's a whole world, if not a whole universe, of difference!

  • hi Bloodheart - all this must be so nerve-wracking for you.   You must feel so pressurised.   May I suggest you contact the nas helpline for advice 1st of all, or if you wish, the Citizens Advice Bureau, your Council's welfare rights dept, or 1 of the other charities that help at DWP appeals?  Make sure you get 1 that will be understanding, supportive + can put your case across well.  These charities do vary in their ability to represent appellants.  A representative could go to the appeal with you.   ATOS is infamous for being untrained or poorly trained, including in autism.  Basically they're trying to get the benefits bill down.  Any way they can, in my opinion.  Loads of people win on appeal.  So, altho it must be so difficult for you, you need to get your case together.  You could type it out + take it to your appeal.  Your post here is full of info.  You describe your situation very well.  This is a strength, using the written word.  You should, if you feel able, go back to your GPs so they've got the most up-to-date info on you.  Again you could give them a type-written sheet of paper. Ask the receptionist if there's a GP at your practice who has an interest in autism or mental health.  Try + get an appointment with that 1, if possible.   Have you a social worker?  If you have then you need to get some evidence from them in time for the appeal.   Others will be along soon with advice which will help.  bw