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ESA 0points - what happens now?

  • Judith
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10 years 11 months ago - 10 years 11 months ago #107493 by Judith
Replied by Judith on topic ESA 0points - what happens now?
Afternoon everyone

Received letter today from the Tribunal Service informing me that they expect to be writing to me regarding a hearing date in 33-37 weeks time and to please allow that time to pass before ringing them with any queries!! I make that early March 2014 and my ESA will run out in April 2014 :( .

I have just been reading through some recent comments on here and found one talking about the SG descriptor which can apply for bowel incontinence and in the mods reply they say you must provide proof from GP, Nurse etc. I too might qualify under this descriptor but how can one provide proof of this?? It is one of the subjects which is very difficult to talk about, in fact I have hardly ever mentioned it to my gp except when I have asked for more Imodium.

At least I have my time frame now and can put together some more supporting evidence from people who have watched me struggle over the years and I am going to put even more on paper to try and show how my various conditions affect my daily living.

Thanks to you all.
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago - 10 years 11 months ago #107498 by Gordon
Replied by Gordon on topic ESA 0points - what happens now?

Judith wrote: Afternoon everyone

Received letter today from the Tribunal Service informing me that they expect to be writing to me regarding a hearing date in 33-37 weeks time and to please allow that time to pass before ringing them with any queries!! I make that early March 2014 and my ESA will run out in April 2014 :( .

I have just been reading through some recent comments on here and found one talking about the SG descriptor which can apply for bowel incontinence and in the mods reply they say you must provide proof from GP, Nurse etc. I too might qualify under this descriptor but how can one provide proof of this?? It is one of the subjects which is very difficult to talk about, in fact I have hardly ever mentioned it to my gp except when I have asked for more Imodium.

At least I have my time frame now and can put together some more supporting evidence from people who have watched me struggle over the years and I am going to put even more on paper to try and show how my various conditions affect my daily living.

Thanks to you all.


You need either your GP to provide a report, or if they have referred you to a Incontinence Clinic, for someone there to provide a report.

I will warn you that the Support Group descriptor is often misunderstood. The Descriptor reads

8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally, or could reasonably be, worn or used.

At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;
or
(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing.

I have underlined the important sections, all of which must be satisfied for you to be placed in the Support Group.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 11 months ago by Gordon.
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  • Judith
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10 years 11 months ago - 10 years 11 months ago #107940 by Judith
Replied by Judith on topic ESA 0points - what happens now?
Good Evening Mods

Am now starting to put more information together to send off to the Tribunal Service and still have some more questions !!

Can you get into the Support Group by achieving more than 15 points? This is something I have been trying to work out for ages and could not find a definitive answer :) . One of my strongest descriptors is the bowel incontinence and in 40 years of living with this I have never heard of an incontinence clinic for bowels. The only thing my GP more recently said, do you want me to refer you back to the Gastros in hospital, to which I declined as I know there is nothing more they can do. In fact it was in 1994 following a colonoscopy investigation that I fell off the hospital bed and damaged my lower back again and eventually lost my job as a Medical Secretary following 12 months sick leave with the lower back problems. :(

In my opinion I should be awarded 6 points each for 4 descriptors, 15 for bowel and following my reconsideration I was awarded 6 points for being unable to go places unaccompanied. So on my assessment (!!) I should get a total of 43 points. So I am assuming now that I need to write more about each descriptor which I consider I fulfil as I did do this on my original form and sent 2 typed pages with my appeal documents and it is evident that either they have not read what I have written or they just do not believe me and I do not know how I can overcome that. So much of what I suffer with is not provable so what else can I do? I am going to ask my sister to write me a letter of support as she has known me for 60 years and my Bowen Therapist who has been treating me for 16 years - she however is not keen to do this as she says that they never take any notice of reports from Complementary Therapists.

Sorry, did not men to go on but am trying to find out exactly what I need to do so that I can sort out more evidence even though I have got about 9 month wait.

Thank you all anyway, it is much appreciated and particularly in the past couple of weeks when the weather has been so difficult to live with for those of us living with chronic conditions.
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #107945 by Gordon
Replied by Gordon on topic ESA 0points - what happens now?
Judith

The Support Group is awarded because a claimant meets one of the Descriptors, not because of the number of points you score, you can quite literally score 100s of points and still not qualify for the Support Group.

That said, many of the 15 Descriptors for the WRAG, but not all, correspond to SG ones, for your reference this is not the case for the Incontinence Descriptor where the WRAG descriptor is monthly and the SG one is weekly, see my previous post.

Your statements about your conditions are just as relevant as anything that ATOS or anybody else might write about you, providing that what you write is consistent with your condition(s) and is not contradicted by any of your evidence, it should be accepted at face value by the Tribunal panel.

You can submit a letter of support from your sister, she will need to specifically state the relationship, how often she sees you, and how long she has had knowledge of your conditions and how they affect you, in addition to going into details about your health.

There is no reason why a report from a complementary therapist should be viewed any differently, it is not the treatment that is being reviewed, but your requirement for it.

In both of the above cases, the more their comments are related to the ESA Descriptors the better, but be careful of leading them, these need to be their words, not yours.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Judith
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10 years 8 months ago - 10 years 8 months ago #112464 by Judith
Replied by Judith on topic ESA 0points - what happens now?
Hi Everyone

When I received the letter from the Tribunal Service they said 33-37 weeks and please do not contact them before that time. Well I wanted to put some more thoughts together for the Tribunal and now I have just received a letter for Tribunal on 20th November - my day is just getting worse. My mother has been in hospital for over 2 weeks, bedbound for most of that time and they are sending her home tomorrow then I have just had this letter.
Working on their timescale the Tribunal would not have been until March next year so now I am absolutely panicking, shaking, etc. etc. because if they do not find in my favour I shall lose my money.
Do you think I still have time to send some more evidence ? and if so where would I send it?

Thanks.

Judith
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #112465 by Gordon
Replied by Gordon on topic ESA 0points - what happens now?

Judith wrote: Hi Everyone

When I received the letter from the Tribunal Service they said 33-37 weeks and please do not contact them before that time. Well I wanted to put some more thoughts together for the Tribunal and now I have just received a letter for Tribunal on 20th November - my day is just getting worse. My mother has been in hospital for over 2 weeks, bedbound for most of that time and they are sending her home tomorrow then I have just had this letter.
Working on their timescale the Tribunal would not have been until March next year so now I am absolutely panicking, shaking, etc. etc. because if they do not find in my favour I shall lose my money.
Do you think I still have time to send some more evidence ? and if so where would I send it?

Thanks.

Judith


You can send information up to about two weeks before the hearing, everything should go to the Tribunal Service so that they can distribute to all of the other parties.

You can send things later than the two weeks but you risk them not being processed in time for the hearing,

Finally you can take evidence on the day, but it should be no more than a couple of pages and you should provide 5 copies, this needs to be given to the Clerk of the Court.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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