to those who failed to win at ESA tri... - Fibromyalgia Acti...

Fibromyalgia Action UK

59,346 members66,394 posts

to those who failed to win at ESA tribunals...

tessintrouble profile image
11 Replies

I was wondering if age had anything to do with it? Is it mainly younger people who are declined or a fair mix of both younger and older people? I was thinking that maybe they are less inclined to award benefits to the younger ones as realisticly they will cost more in the long run than those say, within a few years of retirement?

Written by
tessintrouble profile image
tessintrouble
To view profiles and participate in discussions please or .
11 Replies

My friend who was 58 when she claimed won her appeal not married but live lives with her partner rents her house out so has income coming in partner works full time. but me have no income married no saving proberty can not get a penny i was 47 when i last claimed i tried since but get no where worrys me so much

esagestapo profile image
esagestapo

I think those who lose at tribunal are let down by doctors and specialists. They fail to find the cause of illness and as a result, claimants have no evidence to present to a tribunal. My GP explained, pain is not a good enough reason to qualify for ESA under the current rules. So they need to find something that is causing the pain, give it a name, then they can write a letter to support your claim.

rosaann52 profile image
rosaann52 in reply to esagestapo

fibroaction.healthunlocked....

please read a previous post of mine ....the document is a bit hard going but please try expecialy pages 25..61...62...may help

Maladjusted profile image
Maladjusted

I agree totally with EG having failed my tribunal last week. Reason give was lack of medical evidence. I took them letters dating back to 2005, but like many of us, I spent years being pushed from department to department and discharged from everywhere without a positive diagnosis. Some symptoms I have were never given a cause or a name, so in the eyes of DWP they simply don't exist.

Although this time around I was initially referred to Osteopath department with tennis elbow in right arm, this has progressed over 5 years to be dual epicondylitis in both arms. Despite having endless treatments ending in surgery which was unsuccessful, my notes still only mention the initial diagnosis, so the pain in the left arm, which is very real, is totally ignored because there is no medial records relating to it.

No matter how bad or debilitating your symptoms if there is no diagnosis on paper, they treat you as though you are making it up. They also ask you questions which try to trip you up. In my case when asked if I drive? I told them my driving is limited due to difficulties in changing gear and steering round corners and roundabouts. They seemed to accept this and then asked "how do you turn the key in the ignition?" I never claimed to be unable to use my arms, only that using them is painful. I can turn the ignition key once, but if I had to keep repeating the action, then I couldn't drive at all.

Believe me age had nothing to do with it

Em

esagestapo profile image
esagestapo

100% correct Mal, if there is no diagnosis, and if nothing is recorded by the specialists you see, there is nothing wrong with you according to the DWP and the rest of them. The trick is to keep all your appointment letters, at least they show you are being treated for something they have yet to find.

she33 profile image
she33

i am 45 and just found out i won my appeal wich was only yesterday i think if they see u and listen u have a fair chance of winning i also cryed a lot which was not put on as i was telling them how difficult day to day life was not just the 30 mins i was seen at the assessment

Smily profile image
Smily

For those who failed ESA or DLA you really need to pay the annual fees for this website and get the grips with what is all about this examinations and tribunals. you are surely not answering the questions they make you correctly and probably not getting the reports you need from your gps and specialists. If the person from the cab who has helped you is competent s/he will be asking you for a report from your gp and anything else s/he might need to support your case. Mine gave me a form for my gp to fill up answering the type of questions they make from his professional perspective. Both things are very important: you uderstanding how to answer their questions and having these reports. All the best and don't forget to read the advice you need from this website. I think they are giving a concession at the moment. This is not one more website with inormation about ESA or DLA but The website you need.

benefitsandwork.co.uk/

in reply to Smily

Hi

I joined benefits and work last year and I must admit the help they gave me was fantastic, I went into the support group from Incapacity without needing a medical.

However that said plenty of people can and do succeed on their own and conversely plenty of b&w members have failed their benefits claims. So it's not all cut and dried. Being a member is not a guarantee and they never claim 100% success rate.

All they say is that to maximise your chances use their guides to try and make the best case for yourself as possible.

Sometimes it is down to luck, pure and simple.

Deefer profile image
Deefer

I failed my ESA tribunal after waiting for 12 months. I am now 59. What really infuriates me is if the government had left the pension age alone I would have been left on IB until next year when I would have had my pension. I now have to wait until I'm nearly 65 for my pension and I really do wonder who they think is going to give me a job at my age and with my health problems!

snowbell profile image
snowbell

Im 38 and I do think it does make a bit of an,impact. I think its that they cannot believe someone my age could be that ill with that many conditions. And being so young im obviously just lazy and trying to avoid work! Butalsoagree it is down to luck. Depends on who loo looks at your claim. Two people can give different decisions to same claim!xx

marros profile image
marros

I fully agree with Deefer as I'm going through this right now having has to appeal the decision to put me in WRAG without even a medical. As many of the conditions I have are degenerative autoimmune diseases, my assessment should have been with a Rheumatologist not an SRN who says I'll be able to start work again within 18 months. I've been on IB for over 9 years and have always been supported. Now when I should have been reaching 60 they are sending me for a Work Related interview. I am contesting it strongly and getting as much evidence as possible. Keep on trying.

You may also like...

Failed ESA tribunal. What now?

really am so down now. Why can't anyone, except those of us that have it, understand about fibro?...

ESA tribunal looming- help!!

ESA Tribunal...I won!

that i won my ESA tribunal this morning...i was awarded the minimum15 points needed to win in 20...

ESA TRIBUNAL TODAY !!!

of the time but held my own . now I can get my benefit back till the next time they recomended 24...

Esa tribunal just failed what do I do

Going out of my mind my appeal tribunal has been declined again not had any money in 5 months j owe...