i am having to go to dhss appeals cou... - Fibromyalgia Acti...

Fibromyalgia Action UK

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i am having to go to dhss appeals court as they said i am fit for work HELP xxxx

miss1968 profile image
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miss1968
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chez34 profile image
chez34

Is this the first time you have been asked to go?? Are you from the UK?? x

judrop67 profile image
judrop67

my husband is also waiting for a date for appeal too he has been waiting since june 2011 since failing a medical with Atos but dont see how he can only get to garden gate and he needs help but he has since gone on to pass a medical for a different benefit saying not fit for work but it has caused him a lot of distress waiting and we have someone from welfare rights coming to tribunal with us so i recommend u go see them.

I sent my claim off in december and not got a repley.the stress of waiting for its is getting me down and then to think you may have to go to a tribunal,with doctors that ant got a clue it make so stress which then bring some of my sytoms. my doctor told me not worry about it.easy said then done,when you read on here that poeple are to repley six times.

KimLH profile image
KimLH

I have had this in the past after the doctor who done my medical said I was to neatly turned out to be classed as disabled and as I could open a tin of beans (I have electric opener) and make toast I was able to prepare a meal, but after sitting in front of the appeal board they reinstated my payment for DLA. 3 yrs later I had the same it was refused I asked them to look at it again they did and I was awarded DLA indefinitely.

I now however have to go to the jobcentre to see if I am fit for work as Incapacity Benefit has change to Employment and Support Allowance, my appointment is Monday so will let you know how it go's.

My main advise to anybody filling out any of these forms for help is.

!. take your med/bad days and use these to answer the question.

Do not be to embarrassed to say NO I can not always dress myself, cut my own food or even get on off the toilet.

Get friends, family your partner and children to just write a little about how your Fibro affects them and how it has changed your life as a family, like not being able to get down on the floor and play with your children/grandchildren, not being able to go out shopping with your friends etc..and how making plans to go to parties, days out and even holidays are virtually impossible as you don't know how you will feel tomorrow never mind next week or next month.

If you need help to fill these forms out, look to see if there is a local disability group that may be able to help or go to your local citizen advice bureau.

miss1968 profile image
miss1968

i am from uk and it was at five ways i got told i was fit for work, i got penalised as my ex husband took me in a car and i held my own passport, also he said i kept playing with my hair. i appealed and lost now going to court sometime in may. have sent off lots of photos of my swollen ankle and neck and doctor is now sending me for a mri 5th june as she not happy with my ankle and severity of pain.i just feel its a constant battle to prove we all have this dibiltating illness of wich there is no treatment xxx

soozie profile image
soozie

hi there,i also went through the awful nightmere of ESA appeal,this took over 2 yrs to get to that appeal and even showing lots of eveidence of me being on morphine etc................ i LOST the appeal........... i was treated badly xxx

ZoeH profile image
ZoeH

I have just had my appeal to keep my ESA this week! Let me tell you what happened to me. I went for a medical with atos about a year ago. I was not diagnosed with FM at the time but i was suffering, they just hadn't put the name on me yet. I had missed several medical appointments because i was to ill to attend (i had to travel to another town and i do not drive). When i went to the medical, the woman put me through agony. I was screaming and crying, but like a champ i tried to do my very best. This was a MISTAKE! She gave me 0 points from the 21 questions! I was shocked. There was no mention of the distress i went through during her tests just,"she can do it, she is fit to work"

I had to wait up until last Monday to have my appeal. The distress this has caused is unbelievable. I dont sleep well anyway but having this additional stress near killed me. I contracted Pneumonia and pleurisy in the weeks building up to this appeal. I was bed-bound for near a month before this appeal. My body couldnt take the stress. Losing my ESA was unthinkable. I claim no other benefits and i am on the lowest tier for ESA. I am a single woman, currently unable to work (despite working for years before and paying a lot of tax), that little money i got was all i had to make sure i could eat and keep a roof over my head.

I went to the appeal with a letter from my GP, my pain clinic doctor, my pain psychologist and my chiropractor. All explaining i have FM and cant work at this time. To pass the medical and keep your benefit you need to score 15 points. The appeal was heard by a lawyer and an ACTUAL DOCTOR not one of this so called nurses that initially conduct these medicals. They are impartial. They looked at my letters of evidence and asked me a few questions about my movement. They stopped after the first 2 questions. They said we don't need to go any further, you have reached 15 points from the first 2 questions. In and out in 15 mins and my appeal was accepted.

My advise to you is get as much evidence from the doctors that you see for your Illness as possible. If you are anything like me (and from what i hear most FM suffers) we are too proud to show the weakness. We try to present ourselves in the best way possible to hide away our struggles. DONT DO THIS FOR YOUR APPEAL. I went in looking like my worse day. No make up, hair scraped back and i used my walking stick that i use when i am very weak (im young so i use this as little as possible except on the very worst of days). I made the mistake during my medical of pushing through the pain and weakness and trying to put a positive spin on it all. It was hard but i allowed the tribunal to see the person i try to hide from the world. I would advise you to do the same.

I hope this helps you and you are successful. I am disgusted by the way the DWP are treating those of us with actual valid reasons for being unable to work whilst people (like my cousin) who are perfectly fit to work but just plain cant be bothered can spend their lives on income support with no threat of those being taken away, no degrading examinations or sleepless nights worried about what will happen to them. Cameron's Britain eh?

ZoeH profile image
ZoeH

FYI another thing that may be useful is to print off information about Fibro, claiming benefits with fibro and anything that you can find on the DWP website about Fibro (there are a few PDFs). There are plenty of useful things you can find with a quick google search. Print them and take them in case you have a doctor who is not familiar with FM. I was lucky the doctor in my appeal was aware of the condition but i appreciate not everyone may be so lucky. xx

miss1968 profile image
miss1968

zoe what u have said has lifted my spirits, i am not looking forward to court date and having to fight for money and benefits i am entitled too thanku so much xxx

ZoeH profile image
ZoeH in reply to miss1968

I know how stressful this situation is, its a nightmare so i am glad i could help. You will get your appeal papers if you haven't already and in them is all the questions and how they score them. Go through them and be sure you know how you will answer your questions. Find any and all inaccuracies in your report and make sure you point them out. If possible take someone with you, a friend or partner and fill them in so they can back you up. I took my boyfriend so he could explain how he has to look after me. When you have to sit or stand up in the tribunal, get them to help you up and down and take your time. Show them how difficult it is, even if you are having a good day! Just answer everything as if it is your worst day. Best of luck and stay positive - until the day!

miss1968 profile image
miss1968

hi there zoe, what a nightmare this is having to fight for all this, my medical report from atos was a shambles and then the appeal review was just as bad, i was told didnt need to send evidence off for 1st appeal as my sick note was enuff and she noted on response i had declined. if i was a person who was blagging it id have given up BUT why should i , i have fibro and i am going to fight. i had a full blood screen done and sent results to court as my inflamation levels are sky high also sent photos of my ankles and neck. i know someone who went with depression and got everything and she got dla for depression, angry wasnt the word as she is bleeding the system xxx

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