ESA Appeal Submissions

Hi recently joined B+W.Have CFS Anxiety and Depression ,no problems claiming before now.Last filled in ESA form NOV2013.Then called to ATOS Dec 2014.Only got 6points for coping socially.Had MR no change- DM Said i couldn't have more points for cope soc because i was no longer taking medication and no input from mental health service.However before i asked for MR I was put back on medication and refered to mental health service by GP after self harming incident.I wrote and told them about this in my MR submission.Did they ignore it because it was after the atos assessment, and will a Tribunal do the same even though it does prove the substantial risk reg 29,35.Have read guides and filled out SSCS1A Form with help from CAB.Now trying to put together appeal submission,i have a history of self harming but atos/DM Dont seem to take account of this.

Hi tb,

The Appeal Tribunal, like the MR,can only look at how you were at the time the decision was made, they cannot consider anything that has happened since. You can try and show that your self-harming incident shows that you are vulnerable and should be awarded ESA under Special Circumstances but I do not know how this will be viewed by the Tribunal.

Hi
Although the DM seems to have mostly based their decision on the atos med report they also state use of a med report from 2008 and esa form from 2013. They did not ask me to fill out a new up to date form prior to the assesment.Would the atos nurse have used these as part of her assesment of me? and if so can i argue that as they were so out of date they would not be relevant also at assesment she said before she started that many of the questions were not relevant to me, so can i argue that she had already pre judged me and therefore the report is not a fair reflection of my limitations.

traybell wrote: Hi
Although the DM seems to have mostly based their decision on the atos med report they also state use of a med report from 2008 and esa form from 2013. They did not ask me to fill out a new up to date form prior to the assesment.Would the atos nurse have used these as part of her assesment of me? and if so can i argue that as they were so out of date they would not be relevant also at assesment she said before she started that many of the questions were not relevant to me, so can i argue that she had already pre judged me and therefore the report is not a fair reflection of my limitations.

Hi tb,

I doubt that The ATOS HCP would have had access to previous historical medical reports, although they may have.

The generally only refer to a current ESA50, an ESA113, if one was sent to your G.P. and any extra evidence that was provided with The ESA50.

Do you have the ESA85 Medical Report compiled by The ATOS HCP as a result of the "Medical" in December 2014 ?

If not you can request it over the phone.

The Assessing HCP should state what evidence they have referred to within the ESA85.

Yes, you can argue that you were not given the chance to provide current evidence prior to this decision being made.

Have you read This News Article ?

bro58

After the M.R. i made a SARs request for all evidence used in the decision. They sent the ESA85 DEC 2014,IB85 FORM2008,and a very bad photo copy with bits missing of the LIMITED CAPABILITY FOR WORK questionnaire i filled out in nov 2013.Luckily i have my own good quality photo copy of the questoinnaire.At no stage between 2008 and now to they appear to have contacted my GP.The HCP doesn't refer to any forms in her report, she did comment to me at the start of the medical that it was a long time since i had last been seen.
So is it best to concentrate my submission on how i feel i do fullfill the descriptors and point out where the medical report and the DM fall down on this.For example the HCP and DM say i can cope with change because a friend helps me do a supermarket shop once every two weeks,however the HCPonly asked me about it in relation to how physically difficult i found it.So i didn't get the chance to explain how stressfull it is or the amount of planning that is involved in getting me there.For example we always go on the same day at the same time, a time we know is not very busy,and i don't interact with the checkout operator my friend does that for me,also i have to go round the shop in the same order each time and get upset when they change things around or don't have what i want.Is this the level of detail you need to go into?