ESA appeal procedure. Do I wait?

But then, anyone who fills in the form to appeal would score no points, according to that reasoning. Anyone that turns up to the actual face to face assessment is 'oriented in space and time' simply by finding the building and turning up on the right date!

Thing is, Gordon, am I actually allowed to have someone write the MR out for me.or if I disclose that, will it be more trouble than it is worth? We worked on the MR together, but I just can't put things together when I am stressed and so I got my partner to help me. I am annoyed now, that I did not state that I had help to do the MR, but I am worried that they will say I wasn't allowed to do that and dismiss all what I have done.

Hi Jane - you are completely within your rights to have someone write the MR for you, please try not to worry on that score.

Thank you, Gordon. It occurred to me, after reading your point, that the speaking writing and typing question falls under the physical capabilities section and your last point emphasizes that. However, the DWP are saying..... 'you stated that you have problems communicating with people you don't know, but you ticked the box on your ESA 50 to state that you can communicate without difficulty.' They have used this against me numerous times.

I ticked the box to state that I could communicate with people without difficulty, because I interpreted this as 'can you actually, physically speak' since it falls under the physical section. In other words, you don't have any speech problems, defects, etc...

Under the mental capabilities section,engaging with people you don't know, I ticked a very definite NO, because this is the cusp of my problems. I cannot engage in face to face communication with people I don't know. I do not leave the house alone, and I cannot attend a hearing to defend myself because of my anxiety. I cannot use the telephone either which has been extremely difficult since I have had so many requirements to do so, since so many things have gone wrong, since this decision. I mentioned to you that the MR was completely within my comfort zone, since it is written, and non confrontational communication. The social aspect is removed and I am able to do so in that way, as I am here, with you now.

I interpreted the question about communicating with people I don't know, as relevant to my mental health problems but I interpreted the first question, under speaking writing and typing as a physical ability since it falls under that section and answered within the context of actually physically having no problems being able to speak.

However, because I ticked the first box, under physical capabilities and according to DWP, confirmed that I could communicate without difficulty, they are disallowing me points under the mental descriptor, communicating with people I don't know, because they said I contradict myself, but I believe the context is different in both questions. One physical, one mental, otherwise why ask it under two different sections.

I have argued that I believe the interpretation of these two questions to be different, one relating to actually physically being able to talk and the other relating to mentally being in a position to engage with others. I cannot tell you how stressful it is to be told you can do something that you know you cannot, and have it used against you in so many ways. This appeal has taken up so much of my life. I have been physically ill because of it and my mental health has spiraled.

Thank you, Gordon, for taking the time to listen to me.

I am confused too, Gordon! I never looked to score points for Q 6 which is why I ticked that I could communicate with others (under speaking writing and typing). Since I assumed it was referring to physical ability to speak. I don't know if that was the right interpretation, but that was how I took it, as I say because it was in the physical section.

I indicated that I could not engage with other people I do not know, under question 16 because this is where I have problems, and yes, this is where I wanted to score points. I have extreme social phobia and they know this from my MR and my GP.

However, the DWP are saying, that I am disallowed points for the descriptor I wanted to score points on, ie, question 16, because for one, I submitted a large, well structured MR and they used that against me, and for two, I ticked the box in question 6, indicating I can communicate with people without difficulty.

The statement from DWP actually reads.....

'You say that you have difficulties communicating but you have submitted a mandatory report, 22 pages long, that you wrote and communicated yourself.'

'You say that you have difficulties communicating with people you do not know, but on your ESA50, you indicate in Q6, by ticking the box, that you have no difficulties communicating with people. Therefore no points can be awarded for this section.'

??? I am so confused...I can speak, yes, but I cannot communicate with people I do not know. That is what I thought I indicated in my ESA50. It is explained in the box, what I mean by it, but still, they refuse to consider the difference in context and completely ignored my MR where I explained this.

I have tried to argue my point with them, but who knows?? I think they are really trying to break me.