It's over I won my appeal: Won my... - Fibromyalgia Acti...

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It's over I won my appeal

bodeia profile image
8 Replies

Won my appeal and placed in the work related group with no review for 12 months - now I'm going to tell them to shove it as far as it goes....

I will not go through this stress again

Had a panic attack before & during the hearing was in such a state I could barely speak even with that they think I can work.

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bodeia profile image
bodeia
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8 Replies
Fibrofoggiest profile image
Fibrofoggiest

Hi bodeia, I too have been placed in the WRAG and am not going to contest it, too much stress !! The lady I saw at the Jobcentre said she could see I wasn't fit to work or attend work focused activity and that I don't need to do anything! maybe you will find a similar situation occurs for you. My only advice is to be really really nice to the staff in the Jobcentre, it really works, I think they are so fed up with rude people that when someone is nice they really respond well.

Wishing you very good luck :-)

Foggy x

snickypoo profile image
snickypoo in reply to Fibrofoggiest

Hi Foggy,

Apparently the staff at the job centre are very understanding and nothing like Atos staff at all, I know a couple of people in the WRAG group who have had similar experiences to you and all they expect really is that you turn up for the activity group, they cant force you to go to work they can only advise you what is available, its not so bad really and I suppose it could be a lot worse. :)

snickypoo profile image
snickypoo

Hi Bodeia,

Its good news that you won your appeal, I know it must have been really stressful and frustrating for you and you feel like telling them where to 'shove it' but I would give yourself a while to recover from it all, try not to make any hasty decisions that you might regret later :( Have a rest and just think..... you dont have to worry about this now for 12 months. :) Take care xxx

bodeia profile image
bodeia

Thank for all your kind and supportive word <3

But I get contribution based ESA that means I only get it for 12 months which ended in June this year meaning I'm not in receipt of any benefit - don't qualify for income based ESA due to other income coming in (hubby works)

So I can tell them with glee to shove it where the sun don't shine as the benefit office here love to sanction you for the slightest thing....

In fact I might wait 'til they call me for my work-focused interview and just say no I don't feel like doing that just now, just to see what they say about sanctioning me cause they can't take away my benefit I don't get any.....

Even though the appeal tribunal says 12 months don't be fooled as they can just ignore that and call you in all over again the minute you win - it happened a few years ago to my hubby who failed after having had a quadruple by-pass only 4 weeks before his ATOS medical when he won the appeal it also said 12 months - 2 weeks after winning he got a new form and told he'd have to have another medical...their reasoning is it starts from the last medical btw by that time hubby decided to go back to work so he told them thanks but no thanks...

My last medical me was May 2012 so technically they could call me right now... I filled the form in January 2012 medical May so that's 20 months I've had this hanging over me As I said before I just don't have the strength to fight it anymore my mental & physical health are destroyed and I really need to concentrate on getting better

rosaann52 profile image
rosaann52

I'm sorry too hear you don't feel up to fighting your case for the support group.....this is exactly what they want you to do....and will only go to strength there argument that people on ESA are really fit to go to work....try and summon the strength not too let 'them' win...if you are really not fit to work then stand your ground and fight....there are several agencies out there which can help you with this....My ESA run's out at the end of November...I qualify for my pension in June 2014....and I'm going to tribunal to be placed in the Support Group....it's not easy and has caused a lot of stress ... but I have not been fit to work now for over 10 years and my problems have not just disappeared because some jumped up little idiot with a pen say's that I'm fit for work.....I will fight my corner to the end....if this appeal dos't reverse the decision I'll appeal again...I've had to 'fight' for every thing all my life..to me this is just another battle...I've one all the past battles and I'll win this one because I know I'm right...every single thing I'v applied for DLA Industrial Injury benefit...were all turned down on first request had to go to appeal for every one and I know I'll win this too eventually...!!!!! not because of the money so much but because if I don't fight ,then too me it will make a mockery of the past 10 years and the pain I have had to deal with every day of that time.....take care ..

bodeia profile image
bodeia in reply to rosaann52

Only problem is I have no grounds to comtest the result of the appeal so I have to abide by that decision. And I know I will be getting another form to fill out which I'm just not physically able to fill out, having had surgery on my fingers I can barely write at the moment. Then to face another jumped up twit from ATOS to decide I'm not that bad, I don't need the stress, suffering clinical depression as well as fibro the stress has nearly pushed me over the edge and if I can stop it by refusing to play their game for my own sanity I'm afraid I will. wish I had the fight but I don't anymore

rosaann52 profile image
rosaann52 in reply to bodeia

If you are not fit for work your not fit for work....and as for not having the grounds I'm sure you do...if you have Fybro then you have a medically recognised condition.....get your 'hubby' to complete the forms for you......all of us with Fybro have to fight...if one falls we all fall...if you are clinically depressed and can prove it you on the way to getting the 16 points to be placed in the Support Group.....have a look at two documents before you give up on the benefits your entitled too...they are

direct.gov.uk/prod_consum_d...

and there bible ..........

dwp.gov.uk/docs/wca-handboo........ especially in this document the following pages

Page 25 2.3.1

Page 27 2.3.1

Page 66 3.1.9 3.1.10

Page 77

These documents are what 'they' use to score you...for the Work Related group you must score 15...which you have reached.....to be placed in the Support Group you need 1 more point to get to 16.......

All these points are relevant for any one with Fybro pain and these are the facts I'm going to Tribunial on....if I ever get there...if I'm succsesfull I will let every one on this site know ....take care

bodeia profile image
bodeia in reply to rosaann52

I was award 18 points so why wouldn't I be in the support group??

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