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DLA and ESA removed

  • shadowlight
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12 years 9 months ago #85429 by shadowlight
DLA and ESA removed was created by shadowlight
hi... I have been lurking about on here for about 4 weeks but thought I should maybe actually make a post.


Long story short my ESa and DLA both came up for reveiw at the same time, I had the ESA medical and based on the results on that I lost both.


I have appealed both, and I have a copy of the medical which to be honest is simply a load of nonsense. I have heard that the descriptors have changed since I got assessed 2 years ago, so maybe that is why? But I really can't work right now, I got a 8 hour a week job before Christmas which I lost after only 6 weeks due to having a total breakdown (I have PTSD with psychotic symptoms and dissociation and had apparently started yelling at and attacking customers). I would love to be able to work, but seemingly I need to be further into the whole recovery thing first...


I have gotten a letter from my GP but it is rubbish (and cost me £20 :/ ) it basically lists my diagnosis's and says I am awaiting further assessment... it have nothing about who the conditions effect me or anything, but I am scared that if I tell them what I need them to write I will be seen as manipulation them by the DWP or something... I also got a letter from my counselor, but that wasn't much better, just longer.


basically the problem is this: I was in treatment, I had a MASSIVE treatment team, but then I lost my home, became homeless and moved to the other end of the country where I ended up on a waiting list. After almost a year we moved home again, and have been here since June. In that time I have been waiting to see a psych, I finally got a counselor in February, but that was only a week before the ATOS medical.
I saw some people fromt he early intervention team 2 weeks ago and I am seeing their consultant psychiatrist next week, and I start group therapy for my eating disorder (bulimic) this week. However, as all this is after the date of the medical will it not count as evidence?

I am so behind on all this as for the last 2 weeks been essentially unable to do much due to having a "brief psychotic episode" which is suspected to have been brought on by the stress of all this so I feel like playing catch up now...


I contacted MIND but unfortunately they are in gateshead which is just too far for me to get now that don't get DLA to pay for a taxi. The recommended DIAL but they are a far distance away too.. I have sent them an e-mail though.
I have also been to the CAB and am awaiting a letter from them with a further appointment on.



erm, I have kind of forgotten what I was going to ask... so questions for now:
    does evidence from people assessing you after the decision date count?
    I have heard that the tribunal is recorded, is this true? AAnd if so is is sound or video?
    Is there a "best way" to get suitable letters from GPs?

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12 years 9 months ago #85436 by Gordon
Replied by Gordon on topic Re:DLA and ESA removed
shadowlight

Even though you been here a while, you might want to have a look at the following.

Welcome to Benefits and Work

With regard your appeals, have a look at our appeal guides.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

www.benefitsandwork.co.uk/help-for-claimants/esa

Unfortunately you GP is not obliged to provide you with letters and reports regarding your conditions, so there is unlikely to be any way that you can get them to improve what they have already provided.

As an alternative, you are entitled to access your medical records, may be this would provide the information you need. See

Requesting your medical records

Charging for medical records

Tribunals are not recorded, and it is illegal to record them yourself, even covertly. If required the Judge can provide a Statement of Reasons and a Record of Proceedings.

If you need help preparing for your appeals , see

Where to get advice?


Gordon

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

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  • shadowlight
  • Topic Author
12 years 9 months ago - 12 years 9 months ago #85438 by shadowlight
Replied by shadowlight on topic Re:DLA and ESA removed
thanks I will check out those links.


I am actually glad it's not recorded, I have "issues" with things being recorded (especially video) as it can trigger flashbacks. Someone told me that they were recorded last week and I have been panicking ever since
Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #85439 by slugsta
Replied by slugsta on topic Re:DLA and ESA removed
Just another thought, to follow on from Gordon's excellent advice.

If DIAL and MIND are too far away for you to attend, would either organisation be prepared to give you advice over the phone?

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  • shadowlight
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12 years 9 months ago - 12 years 9 months ago #85445 by shadowlight
Replied by shadowlight on topic Re:DLA and ESA removed
unfortunately I cannot use the phone... I have issues with auditory hallucinations which make understanding someone on the phone difficult, and phones make me anxious in general that does not help.

I guess I could emailed some orgnaisations and see if I could get advise via email though. Hadn't thought of that, may be worth asking
Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #85452 by slugsta
Replied by slugsta on topic Re:DLA and ESA removed
I hope you find someone who will help.

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