Confused, Confused, Confused!!

Hi, I joined this site this morning after failing my atos medical for ib in august, I only got money friday after waiting 9 weeks from esa to be paid, no one new what benefit i should be on etc etc and now i'm on esa and have esa50 to fill in, not only that my tribunal date was sent at same time for 6th december which i thought was going to be in february next year! so i haven't much time to get all this together! my medication really doesn't help i'm spaced out most of the time and very forgetful, I filled in a ib50 2 years ago and scored 61 points but at the atos medical i went for in august i scored 13 points so failed (9 physical, 4 on mental), i got a lady to help me from cab on wednesday probably why i got paid friday, but she isn't allowed to represent me at the tribunal and is going through the ib50 and my atos medical to see if she can get me 2 points on the mental, i have my best friend who helps me with everything but would prefer someone to represent me, anyone know who else i can ask and what else i need to do, i am getting friends and family to write letters for evidence, what else an i do? and if i loose my appeal do they stop my esa that i'm now getting!

Hi,

I'm afraid we probably can't be a lot of help other than to say that the guide to the personal capability assessment on mental health grounds gives lots of details about how to give evidence relating to mental health descriptors and the appeals guide tells you everything you need to do in order to appeal.

I'm not sure why you are on ESA as, ordinarily, if you fail a personal capability assessment you would go onto reduced rate income support rather than ESA.

But if your appeal is not successful that will not affect your ESA as that is decided using different criteria.

Good luck,

Steve

Hi, Thanks for your response! I think i've been put onto esa because i have been diagnosed with arthritis inbetween failing my medical and claiming for the reduced rate income support. It was the form i was sent so i filled it in and that is why it took them so long to sort everything out even they were confused! I now have an esa50 to complete and another atos medical to go through, can i request that i have a different examiner this time, as the guy i failed with on my ib medical didn't tell the whole truth, and should i fill in my esa50 and send it off before or after my tribunal or doesn't make any difference! As you are saying they are seperate. Thanks for your help.