Can anyone offer any help on ESA appeal?

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,

    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!

Reply
  • 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!

Children
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