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Advice about what to put on my ESA50 form please

  • irnbru
  • Topic Author
11 years 5 months ago - 11 years 5 months ago #114920 by irnbru
Hi, i have read the guides through and am still a bit unsure of what to put on my form regarding information.
I suffer from chronic anxiety,depression, panic attacks, especially social phobia and generally spend most of my time indoors, im now diabetic due to wait gain.
do i put how long ive suffered with mental health issues? and last week my GP gave me a form to go straight to rapid heart access tests due to really bad chest pains, i had to wait 3 days as i couldnt go on my own and needed someone with me.
, now im having to have a heart scan. so have to wait for that, but feel if i put that down then then Atos will say im not social phobic cause i went to hospital with someone, of which i very am and have been for 10 years, ive had numerous ECG tests spent 5 days in hospital due to fainting and the medics said theres a blip on the heart monitors but youve not had a heart attack, i just feel every question they ask is a trick question and am so worried.
I won an appeal after a Atos doctor [EDIT] at my last medical, i couldnt attend but won because i done it in writing! do i put down ive already won an appeal or not?

i saw my GP last week, but there was a young doc in there with us observing, so couldnt really discuss private issues as i felt a fool, my GP said she would write me a letter stating im social phobic and requesting a home visit from Atos.
worried sick to be honest, my form has to be in Friday at Atos offices. so need to send it Wednesday.
thanks for reading in advance
Last edit: 11 years 5 months ago by . Reason: [EDIT]

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11 years 5 months ago #114924 by Gordon
irnbru

We cannot tell you what to include on your ESA50 or indeed, what not to include, these are decision that only you can make.

If you do not mention the ECG tests then you may struggle to include this information at a later date should you need to, I can understand the issue of Social Phobia, a recent Upper Tribunal Decision attempts to separate social contact from professional contact, although this is unlikely to have been passed down to the ATOS assessors, but it does make it clear that the two are very separate and your being able to attend at your GP or the hospital is not the same as you interacting socially with people that you do not know or see frequently.

It helps if you include a history of your conditions, so if you have had mental health issues for some time then you should mention this on the form, explain how you cope and more importantly, highlight those areas where you do not.

Gordon

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

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  • irnbru
  • Topic Author
11 years 5 months ago - 11 years 5 months ago #114928 by irnbru
Thank you Gordan.
i wasnt asking anyone to sort of fill it in for me, im just worried about how they twist things because they've done it in the past to me.

The other question i wanted advice on is the exceptional circumstances, do they make that decision or do I apply under exceptional circumstances? because question 15. going out and question 16 coping with social situations is what really apply s to me alsong with changes to routine.

my real issue is going out the house, but also socialising, ive hid myself away as im safe at home, just withdrew more and more, my GP is 200 yards away but i use the back lanes behind my house to get there, that sounds daft i know but less chance of bumping into anyone
Last edit: 11 years 5 months ago by Gordon.

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11 years 5 months ago #114929 by
Hi ib,

Here is the UT decision that Gordon speaks of :

CE 4125 2012

bro58

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  • jessica.p
11 years 5 months ago #114933 by jessica.p
Replied by jessica.p on topic Advice about what to put on my ESA50 form please
Irnbru,

When filling in the ESA form the sort of thing you need to write down is that in order to be able to see your GP who is 200 yeards away you have to use the backlanes. Examples are usually the best so you can talk about a visit to the GP, how it makes you feel and what consequences there are. For example some people feel dread leading up to a GP appointment and this may stop them from eating or getting dressed etc. The form can feel more manageable if you use examples and explain about how you feel before, during and after activities.

Good luck.

Jessica

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11 years 5 months ago #114936 by Gordon

irnbru wrote: Thank you Gordan.
i wasnt asking anyone to sort of fill it in for me, im just worried about how they twist things because they've done it in the past to me.

The other question i wanted advice on is the exceptional circumstances, do they make that decision or do I apply under exceptional circumstances? because question 15. going out and question 16 coping with social situations is what really apply s to me alsong with changes to routine.

my real issue is going out the house, but also socialising, ive hid myself away as im safe at home, just withdrew more and more, my GP is 200 yards away but i use the back lanes behind my house to get there, that sounds daft i know but less chance of bumping into anyone


If you want ATOS and the DWP to consider the Exceptional Circumstances Regulations then you should include details and evidence of why you think you meet Reg.29 and Reg.35 on your ESA50, this can be done in addition to explaining why you meet the normal ESA criteria under questions 15 and 16.

Your evidence needs to explicitly show why you meet the EC criteria, so you need to show why your working would be harmful to your own health or the that of others (Reg,29), or that Work Related Activity would be a danger (Reg.35). Please read the guides in relation to this as there are other criteria you will have to address in regard to the EC's.

Gordon

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