Hello!

Hello there!
May I first say 'thankyou' for such a wonderfully supportive and informative site. This is my first post here, so allow me to briefly explain my situation. I have been on IB for quite a few years due to mental health problems(including four suicide attempts)which make it extremely difficult for me to function "normally". I was an engineer and enjoyed my work very much, but it became increasingly difficult to continue - hence IB. I had atended a couple of medicals (pre-Atos) with no "complications" - but last year i was required to attend my first Atos medical. I had not then found this site and was completely unprepared. Basically I fell into several of the "traps" and was awarded 7 points. I am due to attend an appeal next week and would like to ask for a little advice, if I may. I am in a similar situation to that of others who have posted here - the medical profession have essentially "given up" with me. Reading between-the-lines however, it is fairly obvious that I have chronic on-going problems and I am classed as long-term suicide risk. So should I use any medical notes that state my problems and risks, as evidence? And will I have the opportunity at appeal to elaborate on the simple 'yes/no' answers on the PCA and challenge any errors and inconsistencies in the medical report? And finally, how detailed should I make an account of my daily routine - should I clearly identify all areas of difficulty?
Well, thanks for listening! Stephen.

P.S. Just an observation: would I be right in thinking that IB/ESA are awarded for incapacity to work full time, yet the Atos medical seems to be designed to find you 'fit for work' if you are capable of any work?

Hi Steven

Welcome to the forum. Ideally medical evidence should be submitted well in advance of the hearing so the tribunal have time to study it, but you can hand in a few pages on the day of the hearing.

You will have the opportunity to say anything you like that's relevant to the appeal including anything on the medical report or DWP submission in the appeal papers. You are not restricted to yes/no answers for the PCA. You can explain in detail the problems you have with each descriptor and why you think it applies.

It would be a good idea to mention anything in your daily routine that's relevant to the descriptors. You might also consider whether you meet the exceptional circumstances rule. If you feel being found fit for work would lead to substantial risk to your health you can ask the tribunal to consider exceptional circumstances. You can find more detailed advice in the Incapacity Benefit appeal guide.

IB/ESA is awarded to claimants who pass the PCA/WCA. Passing one of these tests or exemption/exceptional circumstances is effectively the definition of being unfit for work. The tests themselves do not seem to make a distinction between part-time/full-time work.

Good luck with your appeal

Derek

Hello!
Thankyou for your advice - very helpful. I have submitted a couple of pieces of documentation from my medical file that I believe should support several of my contentions regarding the Atos medical report, and I hope that my "daily routine" sheet will practically demonstrate the issues. I have had help, initially, from the local CAB - unfortunately I don't qualify for legal help so I am going to have to take several very deep breaths and do the best that I can myself. I have my mother (with whom I live) as a witness, unfortunately she too has psychological problems and is also terrified. Oh well, I can only only wait and see what happens. I have started reading the online guides and taking notes, so at least this time I will be prepared! Thankyou once again for your time and help -

Best wishes, Stephen.

Hi again!
Just a brief update - I attended the tribunal yesterday.....and I was successful! Although I really thought towards the end of the interrogation (well, it felt like to me ) that I had no chance, despite my preparations. But after a very tense few minutes in the waiting room, we were informed that the tribunal had found in my favour - I was awarded 4 points in addition to the 7 that I already had. The guides from this site and other people's feedback in the forum have all been most helpful in my preparations - but I still found the whole experience somewhat intimidating and disconcerting. Anyway, best wishes to all and good luck to anyone who is waiting for an appeal.
Stephen.

Hi Stephen

Congratulations for winning your appeal and thanks for the update.

Derek