ESA tribunal looming- help!! - Fibromyalgia Acti...

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ESA tribunal looming- help!!

molly44 profile image
45 Replies

I have a tribunal this Saturday 18th and I am absolutely petrified!!

I have never been before and don't know what to expect.

Does anyone please have any useful tips and advice on what to expect, what to say etc etc

Any help would be much appreciated x

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molly44 profile image
molly44
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45 Replies
gayle56 profile image
gayle56

HI sorry i can,t help you on this ,my hubby has his on the 22 jan ,just wanted to wish you all the best

gayle58

molly44 profile image
molly44 in reply to gayle56

Thanks gayle58 please tell your hubby that I wish him luck for the 22nd x

Fibrofoggiest profile image
Fibrofoggiest

Hi molly, having not been through this myself I can't really give experiential advice, but I will be sending lots of positive supporting vibes your way on Saturday :-)

If you look on the main FibroAction site, click on the butterfly in the box at the top right of the screen, you may well find information there than can be of help........ I wish you the very best :-)

Foggy x

molly44 profile image
molly44 in reply to Fibrofoggiest

Thanks Foggy for your best wishes and I will check that site out x

CandleLight profile image
CandleLight

Hi, I had my tribunal last month, was frightened too. However it is really quite simple. You go into a waiting room where they will call you in for your tribunal. Then you just go into another room. I had a doctor and a judge sit on the other side of the table. I took my husband and a representative from my local CAB. All they do is ask you questions. They give you the opportunity to clarify what the medical report says and weather you agree with it. They were really nice people and they told me they are independent of the DWP so that is all the better. All you need to do is answer questions on how your medical condition affects your daily life. Good luck, don't worry!

molly44 profile image
molly44 in reply to CandleLight

Thanks Candlelight for your advice x

Unfortunately the CAB were of no help to me but my friend is coming for moral support. I rang the tribunal service yesterday and they said she would not be able to speak as I did not give them enough notice!!

Anyway what will be will be but i am still worrying too much!

I will just try to remember everything and keep everything crossed!!

Thanks again xx

CandleLight profile image
CandleLight in reply to molly44

You are welcome! Hope all goes ok tomorrow, just having your friend with you will help pass the time away and hopefully calm your nerves a little. Just tell them how it is, they know the ATOS medical reports are full of c*ap, they've had loads of sick people pouring through their doors. Let us know how it goes for you x

molly44 profile image
molly44 in reply to CandleLight

Thanks candlelight x

I can't sleep so am trawling the internet for advice!! Still so worried but I can only tell them how I feel tomorrow and keep everything crossed! Just found out that it's not an actual court I am going to but a govt building run by DWP - that has made me feel a whole lot worse!! Thought I was going to an independent tribunal in a courthouse!!

Oh well it is what it is I suppose and I can't change anything so just got to get on with it!!

Thanks again for you best wishes x

Cookie72 profile image
Cookie72

Hi there Molly, good luck for Saturday, I've never had one of these but I can only say if it were me I would just be me, be honest and let them know everything you can and can't do, don't under estimate it if anything over compensate cos don't forget one day you may be feeling fine but the next you may not be able to get out of bed, I would imagine they have had many fibro patients so know what to expect, make sure someone goes with you and if there's any one in particular that takes care of you or does things for you in any small way ie shopping dressing cleaning ask them to go then they can verify what you are going thru, if you have a partner get them to go with you after all they live with you and know exactly how this rotten desease affects you, ..will be thinking of you ..sending you gentle hugs and a handful of sunshine.....Dee xx

molly44 profile image
molly44 in reply to Cookie72

Thanks Cookie72

Unfortunately I do not have a partner and my friend will not be able to speak as I did not give them enough notice!

my trouble is that I am too positive and think that I can do stuff when realistically I can't! Like you say try not to under estimate so I will try to remember this x

Thanks for all your support xx

Hello, I had to attend a tribunal the time before last assessment.

I found the people so much more friendly and sympathetic. In my case there were 3 men, 1 was doctor can't remember other 2.

Anyway, I had my ASOS report with me and was able to point out all the 'error's' when they went through the report with me. They were understanding, and could clearly see my distress.

They asked nearly same questions and then I was asked to wait outside. I felt able to tell them everything and they had listened.

After a few minutes I was called back in and told I was successful. They even seemed happy about it!

I hope you have a good experience, I have just filled in my ESA50, so have started panicking already!! I am living in a different area now so I hope things will be a bit different.

Best wishes, Suz

Dorothy1952 profile image
Dorothy1952 in reply to

Wat area do you live in I am going to tribunal next Monday in Yorkshire am absolutely terrified

in reply to Dorothy1952

Hi Dorothy,

I was in Cornwall at the time and had tribunal in Truro, My ATOS medical there had been awful and my report was full of what can only be described as lies. ie he said I was married and lived with my husband! I've been divorced near 20 years!!! But the tribunal was totally the opposite.

Anyway I'm now in Plymouth, Devon and my last assessment was done by a lady who was quite nice and I was given 2 years in WRAG.

I know it's no use people saying don't worry, because we always do anyway. I would say just go for it, let them see how distressed you are, don't try to 'cope' or 'be brave' I hope that if we are honest they will see that and all will be ok :)

Good Luck, let us know how you get on

Suz x

PS. I'm just about to send my ESA50 so I'm panicking already:)

molly44 profile image
molly44 in reply to

Sounds a bit like my Atos report. Everything I told her she wrote the opposite!!

I told her I can't walk the dog so I drive her to the park instead and HCP wrote that I walk the dog every day for 30 minutes!! She said I had no problems with my hearing and yet I kept asking her to repeat herself!!

molly44 profile image
molly44 in reply to Dorothy1952

Good luck for Monday xx

molly44 profile image
molly44 in reply to

Hi suz thank you for your comment that is really helpful to know what to expect. I have a copy of the Atos report and all my comments and disputes highlighted in red so hopefully I will be able to refer to it easily!

I am really glad you had a god outcome and good luck with the new claim I hope it all goes well and hope u don't even have to go for a medical!!

Thanks again xx

molly44 profile image
molly44 in reply to molly44

Does anyone know what happens if I lose my tribunal on Saturday? Do they stop my benefits straight away and if yes what do live on?!!

molly44 profile image
molly44 in reply to

Hi suz61 I am so pleased that you were successful. I will take my ESA85 Atos report with my appeal document stating where the HCP made false statements and hopefully I will be able to go through it as you were. Mind you every time I read it, it makes me so angry! My medical was May2013 and I appealed July 2013 and thankfully put it away and forgot about it until now. But I have had to get it out again to prepare and it has made me so mad I can't tell you!!

Good luck with the ESA50 x

ninjananna profile image
ninjananna

I had mine last week Thursday! And like you, I was absolutely pooping my pants!! I took my Sister who helps me a lot, but even having her there didn't stop me sobbing my heart out! (and that was before I got through the door!!) I saw two ladies who have obviously seen many many people who are petrified by the whole thing and were very understanding. I advise you to imagine your worst day of fibro when answering questions! But saying that, they're not there to trick you! They make sure you are getting what you deserve! Much love coming your way!

molly44 profile image
molly44 in reply to ninjananna

Thank you ninjananna for you kind words x I am so glad your tribunal went okay for you - did you win??

I know that having my friend there will be a huge help even though she is not allowed to speak!!

How long did the tribunal last? I can't sit for too long at a time without being in too much pain so I am hoping that it is not too long!!

ninjananna profile image
ninjananna in reply to molly44

I have received a letter from them basically telling me that the DWP had made mistakes and I don't need to do anything else, unless they want to take it further! I never told the tribunal that my sister would be with me and she was allowed to speak to them when I couldn't! Although we were waiting for a while, I find that sitting for a while and then standing up for a while helps(but I do have a cane). Make sure you take any painkillers just before you go!xx

molly44 profile image
molly44 in reply to ninjananna

Ok thanks ninjananna that is a great help. I suppose if I become incoherent then my friend would have to speak for me! I am glad it turned out well for you x

Yes I will make sure I dose up on the painkillers even though they make me more incoherent than usual!!

Boromoor profile image
Boromoor

Hi, Had mine last Thursday, don't know the result yet but it's nowhere near as scary as I thought it might be. I think we have visions of going into a court room with a lot of people about but I just went into a room with a table and some chairs. On the opposite side of the table to me were two people, a doctor and a judge, both wearing ordinary clothes; they both asked me some questions about how fibro affected me and what I could and couldn't do, asked if I want to tell them anything else, told me they'd let me know by letter and that was it.

molly44 profile image
molly44 in reply to Boromoor

Hi Boromoor.

Thank you for sharing your experience with me you are right it doesn't sound as horrific as I thought it would be. Do they refer to your appeal docs you sent in very much and ask about how you disagreed with Atos report? I am keeping everything crossed for you for when the decision arrives xx

Boromoor profile image
Boromoor in reply to molly44

Hi,

They do have the papers in front of them but they didn't seem to look at mine that much. I don't know how far you've got with your appeal but before the tribunal, they send to all the paperwork, the ESA50 form you filled in, the ESA85 report from your Atos "examination" and all the letters sent & received; they also number the pages so that if the judge does refer to something, you can find it easily yourself. The mistake I made was in thinking they were interested in how I am now, the only thing they wanted to know about was how I was when I had my WCA. As I was put into the WRA group all they really wanted to know was whether I was capable of attending the appointments at the job centre not whether I could go to work. I think I may have shot myself in the foot a bit, it was so "relaxed" in there, I did go on a bit about it being such an idiotic system.

I received a letter from them yesterday with their decision, apparently they don't think I satisfy any Schedule 3 descriptor but they're not 100% sure if I qualify under "Regulation 35" whatever that is. (I'll be looking it up) Their plan now is to have another tribunal as soon as possible after 6 weeks unless the DWP drop the case and accept the ATOS report was wrong. The really stupid thing is, that I am no longer on ESA; when I went to the first WRA appointment at the job centre, the young woman I had the appointment with, watched me hobble to her desk, asked me my age (61) and told me to go away and apply for pension credit. She told me I wouldn't get any more WRA appointments nor any more ATOS "medicals" (I use the term "medical" because that's the impression that Reichsmarschall Iain Duncan Smith likes give). If the DWP give in they may have to pay me a few hundred pounds in back pay, if they don't I'll have another tribunal whenever they get can fit me in and it will then cost them several thousand pounds I would think. Knowing those in authority at the DWP, they'll probably go for the latter more expensive option.

molly44 profile image
molly44 in reply to Boromoor

Hi Boromoor

Thank you for sharing your experience with me I really appreciate it. I will have to try to remember how I was at the "medical" (I like your name for IDS!!) if I can!! Anyway I will take all my appeal stuff and refer to them to jog my memory. Mt dispute against the ESA85 report is the main one because it was full of "untruths" (or lies!!) so hopefully I can focus on that since that is what the decision maker seemed to base his decision on. He said that he made3 his decision based mainly on the HCP report and when I wrote to say that the report was full of assumptions and "untruths" he wrote that the Atos HCP would have no reason to write incorrect statements - REALLY????!!!! Are they not financially motivated to do just that??!!

I hope you don't have to go for another tribunal and the DWP just drop the case, it would make sense unless they want to waste more of the taxpayer's money of course!! I will keep everything crossed for you xx

Thanks again x

weetam profile image
weetam

youtube.com/watch?v=tbWXG6H...

molly44 profile image
molly44 in reply to weetam

thanks weetam I will have a look at that it looks very helpful x thank you for going to the trouble of putting the link on for me x

Mdaisy profile image
Mdaisy

Hello Molly,

I wondered have you emailed FibroAction for our information about ESA ? If not, please do email us info@fibroaction.org. Please see link below;

healthunlocked.com/fibroact...

You may also find this link to our website of interest;

fibroaction.org/Pages/Benef...

Disability Rights UK also have many factsheets including the one below which may be of help to you, please do browse the website for more information;

disabilityrightsuk.org/appe...

I look forward to hearing from you if you would like to contact us

Best Wishes

Emma :)

FibroAction Administrator

molly44 profile image
molly44 in reply to Mdaisy

Hi Emma/Mdaisy

Yes thank you I emailed them today and got a reply almost straight away with very useful links. The reply was from Emma (probably you?!)

Thanks again and thank you everyone on the fibro forum as you have all been very helpful as usual.

Molly44xx

Mdaisy profile image
Mdaisy in reply to molly44

Hello Molly,

Your welcome and yes that was me ! :D , if you need any other information please do email us as we will try either provide you with the information or point you in the right direction to get the advice you need.

Best Wishes

Emma :)

FibroAction Administrator

molly44 profile image
molly44 in reply to Mdaisy

Thank you very much x

anbuma profile image
anbuma

hi I had a tribunal a few years ago ,this time I was granted ESA without a medical btu my disability is longstanding.i don't know if yours is a new claim?the tribunal I had was a panel of 3 people and they could see I was distressed at the whole process.the atos person who carried out my last medical did the same as others here say and twisted around everything that I told him. I m sure it will be in oyur favour as we all know what these atos people are like..just tell them how difficult it is for you to do things.good luck

molly44 profile image
molly44 in reply to anbuma

Hi anbuma thank you for you best wishes.

I have had M.E for over 20 years and the fibro was only diagnosed late 2012. I have other medical issues, but won't bore you with them. I was on incapacity and then had to be moved over to ESA at beginning of 2013 and that is when all the problems started!! I had an ATOS medical in 2009 which I passed no problem, even though I had fewer health issues!!

I will just tell them how difficult everything is and try not to waffle too much or go to pieces!! Hopefully they will believe me.

Thanks again x

anbuma profile image
anbuma in reply to molly44

the whole system is wrong anyone who has been on incapacity fro anylength of time should automatically be transferred to ESA .how uch is all this costing the dwp?

molly44 profile image
molly44 in reply to anbuma

I know I dread to think!! And I agree with you about being automatically transferred to ESA, but it is another Govt ploy to get people off benefits!!

TheAuthor profile image
TheAuthor

Sorry I have never undergone anything like this but I wanted to wish you luck and I sincerely hope that you succeed.

Good luck

Ken x

molly44 profile image
molly44 in reply to TheAuthor

Thanks ken and thank you to everyone on this wonderful forum x

Hello Molly,

Just wanted to say Good Luck today, I'm thinking of you :)

molly44 profile image
molly44 in reply to

Hi suz61. Thank you so much! It was very kind of you to remember to send me your encouragement and to wish me good luck x I really appreciate it. I have to leave soon as it is at 1pm - keep everything crossed at 1pm!!

Thanks again molly44

molly44 profile image
molly44 in reply to

Hi just wanted to say thank you so very much for everybody's help, advice and support. I had my tribunal today and I won!! I still can't believe it and to top it off they put me in the support group!!

Thanks again to everyone I really appreciate all your support xx

in reply to molly44

Well done!! I'm really pleased for you. I bet the relief is amazing. Have agood night's sleep x:)

molly44 profile image
molly44 in reply to

Yes thank you the relief is amazing! I can't believe how relaxed I am now and I will definitely have a good nights sleep! X

Mdaisy profile image
Mdaisy in reply to molly44

What a relief ! No problems at all, happy to help :)

Emma ;)

molly44 profile image
molly44 in reply to Mdaisy

Thank you Emma x

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