ESA - Going in for Tribunal.

New here - so bare with me. (also extremely long post - sorry)

I suffer from ADHD and Comorbid Anxiety & Depression with IBS, Asthma and a few other undiagnosed but currently being investigated medical conditions (such as, damaged right lung, Dyspraxia) - Physio for a damaged right knee.

I applied for ESA back whenever and I had a local benefits help group fill in the form for me, I struggle with concentration so I didn't even read back what he had put down, but we went over it in length and detail.

I had my medical - which was absolutely bullcrap, I have photocopies of the reports but basically said I kept eye contact (didn't) said I had no thoughts of self harm even when I said I think about ending it all the time but I cant pull myself round to taking action because of the stress and pain it would cause family. The IBS was brought up because once a month due to high stress or thinking it's flatulence I go potty in my pants <-- easiest way to say it :d

There's a few other things (like range of motion things saying I can rotate this way and that... basically I got 0 points on anything.... even with consultant letters, gp letters, medical records etc.

Mandatory Reconsideration was done over the phone.... wasn't happy about it because I struggle to get things across, my brain just constantly goes at 1000mph and I forget what I wanted to say and even after writing it down I struggle to get to the point.... anyways that came back as a no change so I put my appeal in to the tribunal service with the help from Welfare Rights - this is a copy of what I sent in bar a few other things -

"I disagree with the decision made by The DWP as I don't feel the assessor or decision maker fully understand the huge effect my anxiety & depression has on me daily. I feel I was assessed on physical factors and my mental health conditions were played off as something small. I have IBS which is stress and food triggered, I often get so anxious that I will spend hours on the toilet, at a minimum of once a month I have continence issues but according to the DWP because I can clean myself up afterwards it doesn't really matter. I have problems with walking certain distances as it varies it could be 100 meters it could be 50 meters it depends on the day, the pain I get is cramping in the lower back and by trying to compensate I end up aggravating my knee which has recurring tendinitis which makes walking even more difficult and even moving to go to the toilet difficult.

Recently I was diagnosed with ADHD (06/15) which gave answers to alot of questions I've had like in employment where I've changed jobs 4 times within the space of 8-9 months. The lack of attention, finding things boring, the impulsiveness of when I become angry either lashing out or smashing things and not thinking of the consequences, I was told by a decision maker that because I've not got a criminal record that I can't have had issues with lashing out at people, I have parents which have tried to help, they haven't rang the police when I've smashed vases / windows / doors in anger and in pure impulsivity which is where I believe ESA Regulation 29 & 35 should be noted as this in itself causes significant distress to me and certainly a risk which no employer wants to take.

The assessor states that the evidence suggests that I don't have a condition which means there would be no substantial risk to the mental or physical health of any person and that as I haven't attempted suicide or thought about it then that's fine, but to that I add, I have contemplated suicide but I have a supportive family who have personal experience of other family members who have commited suicide and they help me rationalise my thoughts. I don't self harm but I comfort eat, I deal with the anxiety and depression through comfort eating and that itself is a form of self harm"

I sent evidence in from my nurse specialist / consultant - this was a letter and this letter said

"To whom it may concern


alone is diagnosed with Attention Deficit Hyperactivity Disorder. He also has anxiety and low mood which are commonly associated with untreated ADHD.


alone experiences difficulty in concentration and sustaining attention which I have been working to establish an effective treatment for. alone has trialled some medications which have caused problematic side effects leading me to stop these treatments and he awaits a further review to consider alternative treatments. alone is currently unable to work in my opinion, but with further support I believe that he can gain regulation of at least some of his impairment. He is engaged with our service and working well with us.



With regard to symptoms of ADHD in adulthood it remains clear that alone does continue to experience significant impairment as a result of his ADHD. He acknowledges that he makes careless mistakes, does not pay attention to detail and finds it difficult to sustain his attention on routine tasks. He is easily distracted. alone acknowledges that at times it can seem as though he is not listening to people when they speak to him and is often distracted in his own train of thoughts. This inattention places him at risk particularly in busy and unfamiliar surroundings and this is further evidenced by his social anxiety. alone would struggle to sustain his attention on preparing a simple cooked meal which could therefore lead to accidents in the kitchen if unsupervised. alone described difficulty following instructions and completing tasks and finds it very difficult to organise his tasks and activities.


If I can offer any further detail with regard to the treatment of this gentleman’s ADHD and the impairment he experiences please do not hesitate to contact me directly. I do not think that he would tolerate a routine medical and I would be happy to complete a telephone interview on his behalf as I have for other service users. I understand that he has attended medicals in the past in which he has not effectively communicated his impairment. "

I feel this should be enough but I need to know if I should get more evidence (but i dont know what to get as i've sent everything I have, behaviour reports from school) medical info etc etc....

Welfare rights (so far) have said the ADHD stuff alone is enough, but I'm worrying that it won't be as this for me is my living, I can't work, I've tried to, cant keep a job down and then the anxiety on top is just unbearable....

even my doctor sent in a letter saying that he thinks the ADHD letter (initial diagnosis) was enough to show I'm not fit for work.....


anyways

apologies for the long thread (this is the stuff I mean, I ramble and go into detail and overly into detail plus I'm extremely inappropriate in person :\ )

Hi

I hope you have managed to find the appeals guide in the members area.

You need to go through the assessors report and decision letter, noting where you disagree on the number of points awarded and then use your evidence to refute what is in the report or decision letter.

Please remember it is all about how your health affects your ability to carry out the activities and which descriptor fits you from the list. Do not go into long detail on your medical conditions or health because that will not help you get any more points. Get your supporting evidence to directly state your capabilities within the activities where you have not got the points you believe you should have got.
Use the appeals guide as you carry out the above. It is your best chance of success.

okay - looked through the appeal stuff...

I haven't a clue - but as I said I've got Welfare Rights coming with me and doing a pre-appeal appointment... but I'm just stumped on the stuff I've sent them hasn't been sufficient and the whole thing has me on edge

Hi
You obviously require a greater degree of help than we can provide unfortunately.
You are lucky to get a welfare officer, I hope for free. You might like to give them this sites details.
I think you may have made a common error of sending in too much medical stuff rather than evidence which supports the way your health affects you carrying out the activities which is what earns you points and points make prizes, in this case your award of benefit.
Good luck with the welfare officer.

so thats it? - just I need more help than you guys can offer?

great -

also the welfare rights officer is free (provided by the local council)