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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

  • 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!

Reply

  • 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!

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