Advice on evidence for tribunal

I recently had my ESA assessment and only scored on one of three sections I feel I should have scored on.

One is a direct contradiction and with evidence I'm collecting I feel I should be able to argue this section with few problems.

The other is regarding pain and I have no idea how to begin to deal with it.

I have had a slipped disc for 6 years now. In general my pain is increasing. The disc has caused me to walk differently and hold myself differently leading to muscle pain in my shoulder blades caused by posture.

One problem comes in that the main effect is usually after activity. For example after my assessment, it took over 2 weeks for my pain levels return to the usual range.

But primarily, my problem is proving the pain levels. It's such an individual thing and I have no idea how to explain how it impacts me. I wrote a lot on my original form but still had a medical. With the medical, I was anxious (even though the assessor claims I wasn't - sigh) and I was pausing to allow her to finish typing so everything I said was noted (which it wasn't anyway), and then she moved on to the next section. It's years since I had to have any sort of assessment anyway, and I had no idea what information they would need. Also in the moment I usually forget half of what I want to say.

Should I write everything down in some form of statement? I can see my doctor of course, but I'm not sure what help that can be, the doctor doesn't know much beyond what my 6 year old MRI scan shows and what pain meds I'm on. I saw a physio about my shoulder blades, but it's an ongoing condition that is self managed and may never be solved but doesn't need regular attention from medics.

Sorry for the slight rambling, I'm just rather frustrated as all my conditions are 'invisible' and it's kind of a needing them to take my word for it thing. I rather naively thought being honest in my assessment would be enough - clearly not.

delrio wrote: I recently had my ESA assessment and only scored on one of three sections I feel I should have scored on.

One is a direct contradiction and with evidence I'm collecting I feel I should be able to argue this section with few problems.

The other is regarding pain and I have no idea how to begin to deal with it.

I have had a slipped disc for 6 years now. In general my pain is increasing. The disc has caused me to walk differently and hold myself differently leading to muscle pain in my shoulder blades caused by posture.

One problem comes in that the main effect is usually after activity. For example after my assessment, it took over 2 weeks for my pain levels return to the usual range.

But primarily, my problem is proving the pain levels. It's such an individual thing and I have no idea how to explain how it impacts me. I wrote a lot on my original form but still had a medical. With the medical, I was anxious (even though the assessor claims I wasn't - sigh) and I was pausing to allow her to finish typing so everything I said was noted (which it wasn't anyway), and then she moved on to the next section. It's years since I had to have any sort of assessment anyway, and I had no idea what information they would need. Also in the moment I usually forget half of what I want to say.

Should I write everything down in some form of statement? I can see my doctor of course, but I'm not sure what help that can be, the doctor doesn't know much beyond what my 6 year old MRI scan shows and what pain meds I'm on. I saw a physio about my shoulder blades, but it's an ongoing condition that is self managed and may never be solved but doesn't need regular attention from medics.

Sorry for the slight rambling, I'm just rather frustrated as all my conditions are 'invisible' and it's kind of a needing them to take my word for it thing. I rather naively thought being honest in my assessment would be enough - clearly not.

Hi d,

Have you been found fit for work as a result of the face to face (F2F) ESA assessment ?

Did you use our ESA Claims Guides to fill in The ESA50 Questionnaire ?

bro58

O.K. d,

So we will have to work on the assumption that you have been found fit for work.

Welcome to Benefits and Work and the forum,

If you feel that you do qualify for The WRAG or The SG, you have one month to appeal using GL24 Form, which can be downloaded and printed off (you only need to print off the actual form and not all the preceding advisory notes) from the link on this page :

How to submit an appeal

See also :

Is there any risk to challenging a decision?

Do I have to attend WFIs while I appeal?

&

What will I be paid while I appeal?

Also from our : Appeals FAQ’s

See also : Disability Rights UK Factsheet - Appeals and reconsiderations

&

MOJ Video of ESA Appeals Process and Tribunal

If you wish to be paid assessment rate ESA whilst appealing you must also obtain a fit note from your G.P. to cover you from the date of the fit for work decision. This should be sent with The GL24, keep copies. :

Do I need to provide a Fit Note?

You will also find an ESA Appeals Guide on this page : ESA Claims Guides

And whilst on that page, you may wish to review our ESA Claims Guide under the heading of : "New ESA50 form"

See : Qualifying for the WRAG

&

Qualifying for the Support Group , from our : ESA FAQ’s

You may wish to seek professional advice, potential sources can be seen here :

Where to get advice?

See also : Sending Documents to the DWP or ATOS

You could also request the ESA85 Medical Report, if you haven't already done so.

This can be done by ringing The Benefits Office on you decision notice letter, but should be backed up with a written request.

You can make this written request formal by using a SAR, which can be downloaded, filled in and printed off from this link :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Here is a list of potentially available : ESA Forms

ESA medical – what forms to ask for?

There should also be an LT54

Do not miss your one month deadline to appeal, (If that is what you are to do) if the above documents have not arrived, you can always provide extra evidence as soon as you receive them.

Once you appeal you will receive an automatic reconsideration by a different DWP DM, you should provide any fresh evidence that you may have ASAP, if you wish it to be considered at this stage.

Many members have been successfully placed into The WRAG or The SG at reconsideration, simply by reiterating evidence that they have already provide.

You may wish to Favourite/Bookmark this page in your internet browser for future ease of access.

Please repost here, if you have any further queries.

bro58

Sorry, yes, I was found fit for work.

I sent in the appeal form they sent me, and it was reviewed and the decision was upheld and it's now going forward to tribunal.

I've sorted out a medical note from doctors and have already received my first payment under this.

I got my letter today about the tribunal and filled in the form that came with it - that's being posted tomorrow. So I'm basically at the tribunal stage now.

Oh and I didn't get the opportunity to submit further evidence. I was in the process of gathering it when they went ahead and did the review of my decision. So that will be submitted once I have it. Should I put a reference of any kind on the envelope when I send that in?

They say they called me and couldn't contact me, but I was in the house all day and the phone never rang.

I will try to incorporate that pain terminology, I find it difficult to explain my pain and in my assessment the woman told me this lovely little story about how a little old lady uses a series of teatowels to move a hot pot towards the sink. The implication being that I'm clearly not being creative enough and I should be able to find a way to do things. To paraphrase - It's amazing the way people find ways to do things. That threw me to be honest and when I was trying to explain about my shoulder pain - after me saying it was postural due to my lower back, she said " well usually that's to do with posture " as if I'd claimed some other reason.

She wrote that I claimed it was down to posture, making it sound as if I'd grabbed that explanation out of thin air.

It's frustrating because I can't prove she didn't write everything I said, I know I know, I should have recorded it.