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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?

Parents

  • 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

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  • 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

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