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IB stopped in July,been on JSA, wanting to try ESA
- MCFT
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11 years 10 months ago - 11 years 10 months ago #105988 by MCFT
IB stopped in July,been on JSA, wanting to try ESA was created by MCFT
Short history as I'm new here.
Was on IB for a few years, depression.
Got ATOS writing me off as 'fit' in July, which I only found out about in Auguest from a P45 sent to me as they neither phoned me or wrote to me with a decision.
Had to go on JSA as I had no money and no way to get it, and was told that was my only option as I'd not been to a doctor in a long while and had moved home, and my new doctor had no time for me and my malingering 'depression' nonsense and didn't want me wasting his time, charming man.
Anyways, at one point I got employed in a part time capacity, but fell asleep at work a few times, and often had to go to the staff toilets to calm down or to settle an impending panic attack, but didn't feel I could approach any of the staff.
It came to a head and one morning I took in my resignation letter and went back to JSA.
Turns out I was fortunate enough to be allowed back onto it despite leaving due to a clause called 'employment on trial'.
However, I don't feel capable of work, certainly not full time, and only in very specific situations. I have those situations near me, where I volunteer, helping people with computer use at a community centre, but I'm not pressured there and don't feel trapped. It's also only a few hours a week.
However, I've been written to recently, turns out an appeal I lodged after being dismissed by atos as just lazy, (well, it's how they made me feel, despite scoring 12 points, and some of the descriptors I think not being accurate to how I was) asking if I wish to proceed with a tribunal.
I think I should as I feel I've declined, and 3 points shouldn't be so hard to get when I feel at least 3 were left out of the original assessment, but me having given up on the doctor I feel will count heavily against me. I'm going to see my new one soon, but I know I'll feel terribly guilty about it, as tho I'm only there to get her to help me with my claim. I do want to get back on some medication and get back to being useful, but I've just had so little drive to do anything, never mind that. I can't even take care of myself or my home.
I guess in short, I'm asking, how much is a lack of doctor contact going to count against me, and how much is having been employed for a few weeks going to condemn me as fit for work, even tho I failed at the job?
Oh also will the few hours a week of volunteering be used against me as proof I can work?
I realise that I can do some limited work, but isn't that what 'limited capability for work' supposed to mean? Only recently I made a mistake and let someone down and it brought on such a low I was pretty much in bed staring at the ceiling for over a day and night. That kind of thing just doesn't fit into a normal working week is all!
Was on IB for a few years, depression.
Got ATOS writing me off as 'fit' in July, which I only found out about in Auguest from a P45 sent to me as they neither phoned me or wrote to me with a decision.
Had to go on JSA as I had no money and no way to get it, and was told that was my only option as I'd not been to a doctor in a long while and had moved home, and my new doctor had no time for me and my malingering 'depression' nonsense and didn't want me wasting his time, charming man.
Anyways, at one point I got employed in a part time capacity, but fell asleep at work a few times, and often had to go to the staff toilets to calm down or to settle an impending panic attack, but didn't feel I could approach any of the staff.
It came to a head and one morning I took in my resignation letter and went back to JSA.
Turns out I was fortunate enough to be allowed back onto it despite leaving due to a clause called 'employment on trial'.
However, I don't feel capable of work, certainly not full time, and only in very specific situations. I have those situations near me, where I volunteer, helping people with computer use at a community centre, but I'm not pressured there and don't feel trapped. It's also only a few hours a week.
However, I've been written to recently, turns out an appeal I lodged after being dismissed by atos as just lazy, (well, it's how they made me feel, despite scoring 12 points, and some of the descriptors I think not being accurate to how I was) asking if I wish to proceed with a tribunal.
I think I should as I feel I've declined, and 3 points shouldn't be so hard to get when I feel at least 3 were left out of the original assessment, but me having given up on the doctor I feel will count heavily against me. I'm going to see my new one soon, but I know I'll feel terribly guilty about it, as tho I'm only there to get her to help me with my claim. I do want to get back on some medication and get back to being useful, but I've just had so little drive to do anything, never mind that. I can't even take care of myself or my home.
I guess in short, I'm asking, how much is a lack of doctor contact going to count against me, and how much is having been employed for a few weeks going to condemn me as fit for work, even tho I failed at the job?
Oh also will the few hours a week of volunteering be used against me as proof I can work?
I realise that I can do some limited work, but isn't that what 'limited capability for work' supposed to mean? Only recently I made a mistake and let someone down and it brought on such a low I was pretty much in bed staring at the ceiling for over a day and night. That kind of thing just doesn't fit into a normal working week is all!
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #105991 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB stopped in July,been on JSA, wanting to try ESA
MCFT
There is no right answer to this, not having access to current medical reports and support will certainly disadvantage you, but that does not mean that it will be terminal.
The fact that your current GP will not issue a Fit Note is of concern, if they did then you would be entitled to payment of the ESA Assessment rate while you wait for a hearing. Have you considered seeing a different GP in the practice or going to a new one?
You can ask for a copy of your medical records, whilst they will not be up to date they may give you access to reports that you otherwise would not have.
Requesting your medical records
Charging for medical records
Gordon
There is no right answer to this, not having access to current medical reports and support will certainly disadvantage you, but that does not mean that it will be terminal.
The fact that your current GP will not issue a Fit Note is of concern, if they did then you would be entitled to payment of the ESA Assessment rate while you wait for a hearing. Have you considered seeing a different GP in the practice or going to a new one?
You can ask for a copy of your medical records, whilst they will not be up to date they may give you access to reports that you otherwise would not have.
Requesting your medical records
Charging for medical records
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 10 months ago - 11 years 10 months ago #106153 by MCFT
Replied by MCFT on topic IB stopped in July,been on JSA, wanting to try ESA
Unfortunately I'm in a rather deprived area I think, and it seems the doctors are very suspicious of anyone, I've been to two at my nearest, and two at the only other surgery in my 'catchment area, and while the fourth at least seemed willing to listen to me, I only brought up my sciatica last time, as I was of the mind this could be my last to chance to have a doctor at all, and didn't want to turn her against me over my depression.
I realise that sounds a bit mad, but the first two were very dismissive in a 'pull yourself together' way, and third was downright rude.
Before I moved here I'd had only two doctors my whole life, both of them very compassionate and understanding.
I have found a friend who'll accompany me to my next appointment, but I'll have to send in my tribunal paperwork tomorrow morning to make the deadlines (which is laughable considering it took them 9 months to contact me and I'm told it'll take a good 6 months to reply to this lot I'm sending).
So yes, I feel I'm rather stuck with the doctor I have, but having had previous ones that I can no longer return to who knew of my problems, I'm not wanting to just pretend they don't exist for the new ones.
Should I explain this on the forms? That due to the dismissive nature combined with my mental state I'd given up on them and didn't realise I'd need them?
Lastly, do I have to pay for medical records for the tribunal or can they access them? I hear that they're generally a lot fairer and more neutral than ATOS.
thanks in advance for your time.
I realise that sounds a bit mad, but the first two were very dismissive in a 'pull yourself together' way, and third was downright rude.
Before I moved here I'd had only two doctors my whole life, both of them very compassionate and understanding.
I have found a friend who'll accompany me to my next appointment, but I'll have to send in my tribunal paperwork tomorrow morning to make the deadlines (which is laughable considering it took them 9 months to contact me and I'm told it'll take a good 6 months to reply to this lot I'm sending).
So yes, I feel I'm rather stuck with the doctor I have, but having had previous ones that I can no longer return to who knew of my problems, I'm not wanting to just pretend they don't exist for the new ones.
Should I explain this on the forms? That due to the dismissive nature combined with my mental state I'd given up on them and didn't realise I'd need them?
Lastly, do I have to pay for medical records for the tribunal or can they access them? I hear that they're generally a lot fairer and more neutral than ATOS.
thanks in advance for your time.
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #106161 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB stopped in July,been on JSA, wanting to try ESA
MCFT
It is certainly worth documenting any issues you have with a GP, it goes towards explaining why you have a lack of medical information.
The Tribunal may request a copy of your medical records, but they will not do this before the hearing which will then be adjourned, so unfortunately you cannot rely on this. You can try writing to them asking for them to pay for the records, but we have not heard of any success by members who have done this.
The Tribunal Service is independent of the DWP and is part of HM Courts & Tribunals Service (HMCTS).
Gordon
It is certainly worth documenting any issues you have with a GP, it goes towards explaining why you have a lack of medical information.
The Tribunal may request a copy of your medical records, but they will not do this before the hearing which will then be adjourned, so unfortunately you cannot rely on this. You can try writing to them asking for them to pay for the records, but we have not heard of any success by members who have done this.
The Tribunal Service is independent of the DWP and is part of HM Courts & Tribunals Service (HMCTS).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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