Appearing at Tribunal for ESA

Hi forum I will be attending the tribunal in a few weeks below is some details would appreciate any additional help you feel you can provide on top of what I already have noted or interpreted thank you.

Firstly I will copy paste my sscs1 appeal section of what I typed and sent them im sorry for it being bit long winded it does go into detail.


"FOLLOWING THE MANDATORY RECONSIDERATION WHICH UPHELD THE ORIGINAL DECISION.
I WISH TO APPEAL AGAINST THE DECISION THAT I DO NOT HAVE LIMITED CAPABILITY FOR WORK.
I CONSIDER THAT I PROVIDED ENOUGH EVIDENCE FOR A FINDING TO BE MADE THAT I DO HAVE LIMITED CAPABILITY FOR
WORK.

I DO NOT CONSIDER THAT THE DECISION MAKER TOOK FULL ACCOUNT OF THE SEVERITY OF MY CONDITION OR OF
THE WAY THAT IT AFFECTS MY EVERYDAY ACTIVITIES AND BODILY FUNCTIONS.

TO BEGIN WITH I WILL START WITH A BRIEF HISTORY OF HOW MY CONDITION CAME ABOUT I WAS UP TO RECENTLY BEING SIGNED OFF SICK BY MY GP FOR
DRUG DEPENDENCE THERAPY/DRUG DEPENDENCY DUE TO BEING FIRST ADDICTED TO HEROIN AND CRACK COCAINE FOR 12 YEARS
THEN REHAB IN THE COMMUNITY BY BEING PRESCRIBED METHADONE FOR 5 YEARS A TOTAL OF 17 YEARS ON DRUGS AND AN OPIATE SUBSTITUTE.
THIS THEREFORE HAD AN AFFECT ON ME AND AM CURRENTLY STILL IN RECOVERY. ALSO PLEASE NOTE THE RECOVERY FROM THIS IS A SLOW PROCESS.

IN TERMS OF HOW THE SYMPTOMS OF METHADONE RECOVERY MANIFESTS I WILL TRY TO DEAL IN SEPARATE SECTIONS BUT PLEASE BE AWARE
THESE SYMPTOMS ARE INTERRELATED AND MOSTLY EFFECT ME DAILY.

ALSO NOTE THESE SYMPTOMS EXPLICITLY HAVE BEEN AROUND FOR ABOUT 4 YEARS BOTH DURING MY METHADONE MAINTENANCE
AND AFTER GETTING WORSE PROGRESSIVELY.

FIRSTLY I HAD AND HAVE VERY BAD INSOMNIA COUPLED WITH SLEEP PATTERN DISORDER THIS WOULD PRESENT ITSELF AS NOT BEING TO SLEEP AT ALL
SOME DAYS BUT MOST DAYS 2-4HRS SLEEP AND OTHER DAYS I HAVE NO CONTROL OF WHAT TIME I FALL ASLEEP LIKE IE SLEEP PATTERN DISORDER FOR EXAMPLE
ONE DAY SLEEP AT 9AM ANOTHER 3PM ANOTHER 3AM ETC THIS CONDITION ALSO CAN GET PROGRESSIVELY WORSE BOTH BY ITSELF OR ESPECIALLY IF I
TRY OR HAVE TO DO SOMETHING LIKE ATTEND AN INTERVIEW AT A CERTAIN TIME. HENCE I STATED IN MY MANDATORY RECONSIDERATION IT WOULD BE DIFFICULT
TO SIGN ON TO JSA PROPERLY IE I AM UNFIT FOR WORK AND DEEMED AND NOT ELIGIBLE FOR JSA. AND ALSO UNABLE TO GET OR HOLD DOWN A JOB TILL I RECOVER AND AM FIT FOR WORK.
AGAIN IN THE MANDATORY RECONSIDERATION IT WAS MENTIONED I MADE THE ATOS ASSESSMENT AT 8.50 AM BUT I DID THIS WITH DIFFICULTY AND IT MADE MY SLEEP DISORDER CONSEQUENTLY WORSE
AS I HAD TO STAY UP ALL NIGHT TO ENSURE I COULD GET TO IT THEN THIS MADE MY NEXT DAYS WORSE AND THE SAME CAN AND HAS HAPPENED WHEN ATTENDING
MY GP THOUGH I CAN PRE-BOOK THIS THOUGH WHICH CAN BE BETTER THEN A PREDEFINED TIME AND DATE CAN STILL MAKE MY CONDITION WORSE.
A WAY TO UNDERSTAND MY SLEEP CONDITION IN CONCEPT IS LIKE NARCOLEPSY WHERE PEOPLE SUDDENLY FALL ASLEEP THOUGH MINE IS NOT AS SEVERE
JUST A WAY TO PUT ACROSS MY CONDITION SO YOU CAN UNDERSTAND IT BETTER.


SECONDLY OTHER SYMPTOMS AND/OR THE MAIN ONE IS EXHAUSTION LIKE CHRONIC FATIGUE SYNDROME (VERY LOW ENERGY LEVELS) AND ALSO THE INABILITY TO DO THINGS AND/OR LETHARGY. THIS IS
A CONDITION THAT IS INTERRELATED TO MY SLEEP CONDITION AND AGAIN GETS WORSE IF MY SLEEP IS EFFECTED AND THIS HAS A KNOCK ON EFFECT ON MY EXHAUSTION AND VICE VERSA MAKING IT
PROGRESSIVELY WORSE IN A CATCH 22 FASHION AND EFFECTS ME DAILY.


THIRDLY I ALSO HAVE SOME LEVEL OF ASSOCIATED ANXIETY AND DEPRESSION IE MENTAL HEALTH ISSUES THESE I COULD NOT EXPAND ON DURING THE MANDATORY RECONSIDERATION AND PERHAPS NOT FULLY COVERED (DON'T FULLY REMEMBER IF I DID) IN MY MEDICAL QUESTIONNAIRE SENT TO ATOS.

ALSO IM CURRENTLY STILL BEING PRESCRIBED DIAZEPAM AND ZOPICLONE FOR INSOMNIA FROM MY GP.


FINALLY I WISH TO HAVE AN ORAL HEARING SO THAT I CAN EXPLAIN THE FULL EFFECTS OF MY CONDITION TO A TRIBUNAL
AND ANSWER ANY QUESTIONS THEY MAY WISH TO ASK.
WHILST MY APPEAL IS BEING CONSIDERED I WISH TO REMAIN IN THE ASSESSMENT PHASE OF ESA."


Thanks for reading all that so from above though I did not include it in the written appeal I feel I know some of the mental/cognitive descriptors that are relevant and which I think may be scored which are (DO I LIST OR REFER TO THESE AS BELOW TO/ON APPEARING AT THE TRIBUNAL?) -

13 (starting and finishing tasks) IA(c) to IA(a) 6 to 15 (Not exactly sure which)
due to the sleep pattern disorder , Insomnia and fatigue makes day to day activities very difficult.

14 (Coping with change) CC(a) - 15 points
due to severe insomnia/sleep pattern problems and exhaustion - very difficult managing say appointments like a GP appointment any change would make something unmanageable worse


16 (Coping with social engagement..) CS(c) - 6 points
due to some social anxiety


So would the above being listed at the tribunal be enough do I bring it up or do I wait to be asked questions by them would I refer to them if they did not refer to them?

In addition to the above descriptors as from reading my symptoms can tell they also can worsen if im made to do stuff like say sign on for JSA or try to work and this falls under one of the exceptions for ESA where descriptors don't apply but the - "Exceptional Circumstance rule" does (I understand) ie if something one is made to do (like signing for JSA as an example) worsens their condition. Would this be relevant in my case? from my own interpretation based on what I listed in my SSCS1 it does.

Many thanks for any help.

yes sorry for the caps it is copy and paste of what I sent to HMCTS

in addition to the SSCS1 I have also sent them supporting evidence two letters form both rehabs I was at for 5 yrs and a letter from my GP who outlines my symptoms which tallies with what I outlined in the SSCS1 appeal form ie what I copied n pasted above

ESA50 is the questionnaire? I was not very descriptive in that

ok as noted I go into detail in the appeal form so do I just stick to the same line ie talk about my conditions and symptoms got it thanks

many thanks gordon

jasonb1123837 wrote: yes sorry for the caps it is copy and paste of what I sent to HMCTS

in addition to the SSCS1 I have also sent them supporting evidence two letters form both rehabs I was at for 5 yrs and a letter from my GP who outlines my symptoms which tallies with what I outlined in the SSCS1 appeal form ie what I copied n pasted above

ESA50 is the questionnaire? I was not very descriptive in that

ok as noted I go into detail in the appeal form so do I just stick to the same line ie talk about my conditions and symptoms got it thanks

many thanks gordon

Hi jb,

I think that what Gordon is trying to say is that although it is important to confirm your medical conditions, it is even more important to give details of how the resulting limitations that you suffer as a result of your medical conditions fulfil the ESA Descriptor/s that are relevant to you.

bro58

got it ty bro wanted to ask I sent supporting evidence recently which they my appeal is in about 2 weeks when I called HMCTS earlier ie few days prior to sending they said they will send me receipt by sending copy of my supporting evidence to the other party ie DWP and they will send me a reply is how I know the tribunal got my supporting evidence ...like being sent the DWP bundle? is that correct? will I get a receipt before 2 weeks do you think? so I know HMCTS have got it before I appear at tribunal thanks