ESA TRIBUNAL: Hi all knowledgeable... - Fibromyalgia Acti...

Fibromyalgia Action UK

59,448 members66,492 posts

ESA TRIBUNAL

30 Replies

Hi all knowledgeable Fibro peeps. I was finally diagnosed with Fibro last month. I have an outstanding ESA claim from before my diagnosis and am awaiting ~ with much dread, my Tribunal :(

Does anyone know whether my diagnosis will be taken into account ~ or will I have to start all over again with a new claim?

Yours very worriedly x

30 Replies
Carolinee71 profile image
Carolinee71

Hi, I think if you have an outstanding appeal logged then you can add to if, so write and tell them, I was turned down at first for ESA and I appealed . I won even before I was told formally what was wrong with me. I think I won mainly due to taking two different types of morphine. Mine didn't go to a tribunal , it was changed by the decision maker, so I think I was lucky.

When you write to them make sure and tell them everything that you find hard to do and if you have been put on more tablets put that in as well

Fingers crossed

Caroline x

in reply to Carolinee71

Thank you Caroline. My meds have been increased slightly and I'm going to Pain Management next week. I've barely been able to stand up today. My pain was already unbearable ~ so I really can't understand how it's got worse. I'm 52 and feel like I'm 152 :( Would you mind letting me know which types of morphine you're taking?

Carolinee71 profile image
Carolinee71 in reply to

Hi I take 30 mg of MST twice aday which is a slow release and works over 12 hours. I then take 10 mg / 5ml up to four times aday of Oramorph

I went to the pain team last week and I really hope you are not going to the same one I did as they were as much use as a chocolate teaput. The lady who was very nice spent the time telling me she will not talk about what causes the pain, if the pain is worse at times or talk at all about maybe having something other than fibro being wrong with me. She said I could have acupuncture on my back, but its a six months wait and after I have this I can go oback to see her. Even through my main pain has always been in my hips.

I am 42 and like you feel well over a hundred.

I had to move house so I had a downstairs toilet as I really can't make the stairs very well.

But i am going off the point which I do a lot. The morphine has been good for me as I haven't really had any side effects from the morphine . It is my GP that has given me the morphine. I am so lucky as I have a really great GP

in reply to Carolinee71

Hi Caroline

I'm dreading my Pain Management appointment. I don't want them taking me off any of my current meds. I had a brilliant GP, but he left my surgery last month :( So I now have to begin all over again with a new GP. I smiled when you said you went off the point :) I do that all the time and drive everyone mad because they can't keep up with what I'm saying :) Thanks for the info on your meds. Keep your chin up. Anytime you want to have a chat or a good old moan write to me. We can moan about our day together! Keep your chin up.

Gentle hugs

Coz x

hopingowen profile image
hopingowen

Hi dear fibromite, Sorry to hear that you have been diagnosed with FM. From what i can gather is that you didnt know you had FM when you filled in your claim form. You can send any addtional information you get to DWP or who evers dealing with your case. try and get a letter from your GP with details of your diagnosis, a full list of your medication.

Make sure that you photocopy everything and any letters sent, send them registered or with proof of postage, as they send to loose important letters and claim that they were not sent.Get as much info on FM as possible and write down how many of the symptons are effecting you. After my ATOS medical i requested a copy of the report, i was astonished to see that during my 45 minute interrogation, there wasnt a single mention of my Fibromyalgia condition, only Chronic Fatigue Syndrome, and most of the ailments i suffer with didnt get a mention either. After complaining to ATOS they told me that FM comes under the umbrella of CFS ! mmm. Somethings tells me that they still dont want to recognise FM as a medically recognised condition. Even with countless copies of letters ive had from GPs and Rheumatologists stating that i have the condition.I was forced into dropping my tribunal, initially they reduced my Esa by ten pounds a week after my medical, i was then put into the work activity group. I was then hit a double whammy by the introduction of the bedroom tax, which is hitting me by£100 a month, and i really cant risk anymore reduction in my benefit. So my advice to you sweetheart is do your research, get as many letters etc together and send them off, and dont forget to emphasize about each sympton and how it affects you, just by saying that you have FM will mean nothing to them. All the best for your appeal.

Regards,

Nigel.

in reply to hopingowen

Hi Nigel

Many thanks for taking the time to reply. With regard to your bedroom tax: are you able to remove the bed and put a desk and chair in there and turn it into a study? Apparently that then turns the "bedroom" into a "study". Worth looking into my fibromite? I believe Wandsworth Council have actually put this on their website.

Regards

Coz

hopingowen profile image
hopingowen in reply to

Many thanks for the info. i am under Cheshire East Council, i will definately look into it.

Regards,

Nigel.

in reply to hopingowen

Sorry Nigel. I didn't explain that very well. What I should have said was that, I've heard, that Wandsworth Council have put on their website a way around the bedroom tax. From what I can gather it should apply across the country. Anyway, thought it might be worth checking out?

All the best

Ms Fibromite :)

Coz

hopingowen profile image
hopingowen in reply to

Thanks for that Coz, i looked on their website but couldn't find a link to the bedroom tax, but after trawling the net, i discovered that several councils across the country have signed up to it, unfortunately i am a tenant of Contour Housing who haven't signed up to it. Apparently they have started issuing eviction notices already ! Thanks for your help. Nigel x

esagestapo profile image
esagestapo

It is good news and bad news at the same time, you must now send copies of your diagnosis to the DWP and the Tribunal. With any luck you won't have to go to Tribunal.

in reply to esagestapo

Really?? Do I just send the Rheumatologists letter that was sent to my GP? I'm so worried about this Tribunal I feel nauseous 24/7. My appetite is terrible at the best of times, but I'm hardly able to eat at all right now. I thought if I told them about my diagnosis now that the DWP would make me start a brand new claim, which with the anniversary of my late husbands death coming up, would just finish me off completely. Thank you so much for your reply

esagestapo profile image
esagestapo in reply to

Yes really, don't send the actual letter, send photo copies of it. The old regime was heavily criticised for wasting tax payers money on totally unnecessary tribunals. The new system is designed to prevent this, the DWP can revise their decision on receiving further medical evidence preventing the need to go to tribunal which you would win using that evidence.

in reply to esagestapo

Thanks so much for this information. I have a photocopy of my Consultants letter with my formal diagnosis on it. I will send it off this week. Fingers crossed

esagestapo profile image
esagestapo in reply to

Remember to send 2 copies, 1 to the DWP and 1 to the Tribunal in case the DWP do not revise their decision.

in reply to esagestapo

Ok. Thank you so much

Hi

They will be looking at your ESA claim from effort you got told you had FMS, as Nigel said try and get as much info on it as you ca, either from the net or if your GP is willing, from them. It is not enough just to say you have FMS, you have to tell them how it affects you on a daily basis, about things like pain, mobility issues, how long you can stand, sit, whether any meds you take adversely affect you. Whether you have any mental health issues from FMS like anxiety, depression, memory problems etc.

Assume the panel know nothing about it ( they probably will not) this is your opportunity to tell your side of the story. Have you got the benefits and work free worksheets about appeals from admin? They are very helpful.

in reply to

Hi Silverstar

Many thanks for your advice. I will apply for the worksheets ~ although I have no idea what they are :( I guess they must be self-explanatory, unless I'm missing the point. I blame brain fog and pain !

punkrockchick profile image
punkrockchick

Hiya coz I too having huge issues with tribural mine is tomorrow morning at 10 am no looking forward I'm glad in a way I'm attending so they can see that I'm no a fake and frauding the report they have on me is a disgrace my social worker representing me work as team fingers crossed I recieve some good news it's rubbish what they doing to the folk that are for real but think I'm ready to fight back got my evidence sent received letter of they got it all so here's hoping good luck Hun hope it works out for you x

in reply to punkrockchick

Hi

Thanks so much for your reply. I'm sorry ~ I've had a very bad day today. It's probably too late for you to see this before you go tomorrow, but I just wanted to wish you all the very best and to say that I will be thinking of you. Please would you let me know how you get on? Hugs x

punkrockchick profile image
punkrockchick in reply to

Coz wasn't in the tribural for more than 5 mins put on to support group so no more job centre interviews to go to so thankful sat with a judge at a desk and health specialist and me and my social worker x

in reply to punkrockchick

Hiya

Unfortunately I don't know what the support group is! Does that mean you will continue to receive your sick pay? Hugs

nellie43 profile image
nellie43

Hi,

You need to get a letter from your doctor with your diagnosis and send it to the Tribunal Services. Makes sure that you make a copy and take it with you when you go to your tribunal. The more evidence that you have regarding your illness the better.

Hope this helps

in reply to nellie43

Hi

Many thanks for your reply. I have a photocopy of my Consultants letter with my formal diagnosis on it. I will send a copy of it off this week.

Thanks again - and, yes, your reply was very helpful.

Lambchop-1 profile image
Lambchop-1

You can send info into appeal immediately, get all your medical info hosp visits doctors letters any thing that has your history on it. Try to get a letter if support and also a fit nite from your go listing all the things you can't do. I have been through every part if this process and more . Do not go to appeal alone always take someone with you try not to underestimate appeal either. If your desperate you can hand things in there and then but it's only if you didn't have time to send in.You can ring as well and ask if its ok I went to health authority and got proof of all specialist appointments going back a long time there is a site called benefits and work they train all aspects of this stuff and know every law in the book. Tribunal law as well. It costs twenty pounds to join but is well worth it as well as future assessment rules and immediately updates it so it is on the ball. There are disabled forum agencies that will help you now and in future. Cab also good but not as tough hope this helpful please sign any petitions against government online good luck x

in reply to Lambchop-1

Thanks so much for your reply and the useful information. It's a lot to take on board isn't it? I guess that's done on purpose in the hope we will give up. Many thanks again for taking the time out to tell me everything I need to do. It's much appreciated x

Lambchop-1 profile image
Lambchop-1 in reply to

Good luck hope it goes well x

in reply to Lambchop-1

Thank you x

punkrockchick profile image
punkrockchick

Yes I'm off the back to work group now into support group which means job centre can't touch me unfit for work can't be threatened or forced and my money won't stop as I was told if didn't do as I was told they would do that from August the 1st now can have peace of mind nothing will happen to me x

in reply to punkrockchick

Hi

Until next time, I hate to sound pessimistic but you can expect to be reviewed frequently. Sometimes in as little as 6 months. And even if nothing has changed in your health you may not get the same result again. Sorry to sound so negative but it is better to know what is going on that to remain in blissful ignorance. I too thought I was "safe" until next February but I am going through the re-assessment process once again and I was in the support group as well. So the message is live for today and take each day as it comes.

punkrockchick profile image
punkrockchick in reply to

Thank you for letting me know ill take it day by day Just glad I can now plan ahead for my care ill keep that in mind grateful of the message thanks once again silverstar x

You may also like...

ESA tribunal looming- help!!

I have a tribunal this Saturday 18th and I am absolutely petrified!! I have never been before and...

ESA Tribunal...I won!

Hi All Just to let you all know that i won my ESA tribunal this morning...i was awarded the...

ESA TRIBUNAL TODAY !!!

next time they recomended 24 month before review but they may call before !!

ESA TRIBUNAL

disbelief. My ESA Appeal Tribunal was scheduled today at Bradford Courts at 4pm. I have been...

ESA tribunal

Well here goes. ESA tribunal today at magistrates court. I have had no money since January and my...