E.S.A Tribunal: Hi all I got my dreaded... - Fibromyalgia Acti...

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E.S.A Tribunal

tezp2010 profile image
12 Replies

Hi all I got my dreaded letter to confirm that a date as been found rather quickly for my esa tribunal on 21st march, I got awarded the big fat 0 points after my Atos medical, ive suffered with fibro for approx. 8 years now, but with medication and watching what I wa doing ive managed to keep it reasonably under control until recently when it has gotten so much worse,

I find myself struggling to walk any real distance most days now, some days it is as much as I can do to walk around the house,

able iI have other medical probs too such as depression, panic attacks, over active bladder ( badly) and irritable bowel syndrome,

but the biggest problem is that approx. 2 years ago I was assaulted in the street by someone that knows me very well, knows where I live, where my kids go to school, where I shop, this assault was very nasty, I feel very lucky that someone stopped and shouted at them or I genuinely believe I might not have been around to write this now, I was left with a broken bone across the top of my left eye, loads of cuts and bruises to my face, bad black eye, my eye was swollen for days couldn't even have it assessed for 2 weeks to see what damage had been done, and even a imprint of a foot or something in the side of my face, although the guy got sentenced to just over a year in prison for it, he has made no attempt to avoid me, even whilst on licence from prison was seen walking my street, and in the town centre where he shouldn't have been, obviously now the licence has ended he is a free man, and now I fear for my life because he has told me that he will finish the job this time, I genuinely wont leave the house without someone with me, wont talk to people who I don't know in the street, cant go into crowded shops without freaking out,

I really do dread my esa tribunal because although my fears and problems are genuine am I likely to be given the support of a tribunal because of it all, I have stated in my appeal that I hope to move away in the next 12 months or so and although this wont cure all my problems it will go some way towards helping me regain some sort of a life I hope,

never been to a tribunal before so have no idea what to expect or how to attend it or what not to say so to speak,

sorry for the mumbling but any help from people who have been there would be appreciated,

thanks all and keep up the good work and advice

thanx again

Tez xxx

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tezp2010 profile image
tezp2010
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12 Replies
TheAuthor profile image
TheAuthor

Hi tezp2010

I have read your post with great pain and sorrow for the anxiety and anguish that you are clearly suffering. I genuinely hope that you can find some resolution and relief to these issues.

I have never personally undergone anything of this nature, I have never been to any kind of tribunal whatsoever. However, I wanted to wish you all the luck in the world with yours. I would imagine that not being physically able to act upon any physical actions they want you to perform would be very advantageous. I think something really simple as saying 'I can't do that' would be adequate?

I think I would also emphasise exactly what your disabilities are, and not just the physical but also the emotional ones as you have suffered a great trauma that will probably take a long time to recover from. If you have any witnesses to more threats of violence by this person, I would contact the authorities without hesitation.

I have pasted the link to the FibroAction website below as I think you may find it very useful:

fibroaction.org

Good luck with this and please keep us all up to date with how you get on?

All my hopes and dreams for you

Ken

Dorothy1952 profile image
Dorothy1952

I went in January an it is not as bad as u think but I was given 6,points at my atos medical after having my case reconsidered I was given 9 points I went to tribunal and was given a further 6 points to make me 15 points but it did not do me any good as they put me in wrag group and as I am due to retire in July they are not going to pay me after 14th march as I have claimed 365 days and as I am married I do not qualify for the other ESA I was on contribution based ESA so hope u have better luck than me x

tezp2010 profile image
tezp2010 in reply to Dorothy1952

Hi, thank you for your advice, Im not on contribution based, but I suppose its just a case of waiting and see what I get, so fingers crossed and hope, best wishes and good luck

Tez xx

Evanda profile image
Evanda

Tribunals are terrible. I went to one last year and I had got worse since I first put in for help. They ignore that they only go by how you were up to the date that you original submitted you claim. It seems you have to really put it on. I was turned down mostly because I hurried into the room to sit down They also try and confuse you with the questions. Do not have good days and bad days as they seem to go by what you can do on good days. So only tell them what you are like on bad days. I have put in again now as I am a lot worse. It is frustrating as I know someone who is not bad at all and they get everything. My husband has to do things for me now and there is a lot of things I do not do. At least I am better prepared this time if it turns out to be a tribunal. But good luck I hope you get somewhere.

tezp2010 profile image
tezp2010 in reply to Evanda

Hi many thanx for your reply. I would like to say i am surprised by your comments but I cant the whole system is a joke and failure from start to finish and a complete shambles, I really hope mine works out ok, but I thoroughly suspect my chances are very limited, but thanks again for your advice and comments, and I really hope things work out better for you this time,

Best Wishes

Tez xx

Lifeback profile image
Lifeback

Hi i went for my esa tribunel 2 years ago i was really frightened but dont worry the man i saw was lovely he had a docter with him. tell them everything, about your attack and that this man is still around because stress is a big factor in fibro they will ask about over active bladder because i have that problem if they ask that when you go out do you take a change of clothes incase you wet yourself say yes and i would get back in touch with police and tell them you need help good luck xx

tezp2010 profile image
tezp2010 in reply to Lifeback

Hi Lifeback that is obviously good to know, my aunty went for a tribunal approx. 12 months or so ago and seemed to walk away from it quite easily, she said they are not as daunting as you think, yeah the clothes problem is one they have tried to get me on from the atos medical, I didn't take any with me to the interview but left them in the car because I didn't know if there would be toilets there for me to change in, but I was wet when I walked into the room, and because I had held it for a while when I stood up to do the physical test's that they get you to do, I wet myself big time, but she didn't take a blind bit of notice, that when I was finished I went straight to the toilet so they have put down that I didn't take a spare pair of clothes, that I sat for 50 minutes without moving at all, which I know is rubbish, and managed to drive 40 minutes to an interview, the atos interview is a complete shambles and waste of time, because they don't tell the truth and personally don't think they would know the truth if it jumped up and bit them,

one of my other favourites is something along the lines of "heard is name from a distance of 3 metres, and also stated he had vision problems, but read size N print from a distance of 35cm, yet as I have pointed out to them in my letter of appeal none of this was measured and none of this was stated at the time of the interview,

as for the police they are a complete waste of time, the same as the victim support service, I think the offender received more help than me!

thanks again for your words of support and I really hope you continue to get the help and support you need,

best wishes

Tez x

ang53 profile image
ang53

Bloody hell that is terrible to live a life of fear and be I'll to. I cannot help with tribunal can only offer you support and hugs good luck x

tezp2010 profile image
tezp2010 in reply to ang53

Hi thanks for support, life is terrible to be honest, if it wasn't for the support of my wife and children I probably wouldn't manage, I just hope they see sense, thanks again and best wishes

Tez xx

Lifeback profile image
Lifeback

Hi tezp2010 my atos medical was a nightmare didnt get points because i was carrying a bag because i opened door ok but cried whole way through it and was seen by a DISTRICT NURSE who did not move from behind her desk and didnt look up from computer. What i would like to know is why all letters from consultants,docters all medical proffesionals is not taken any notice of, what they in truth are saying that they dont believe them all the years these people have trained to get where they are and a DISTRICT NURSE says they are wrong. My tribunel date finishs in January 2015 i am dreading it. I even had photos of all the swelling in my feet so if you can take photos of everything

good luck fingers crossed xx

wolvesguy profile image
wolvesguy

Hi tezp2010

I went to my tribunal last Oct I went in my wheelchair and my carer took me also my friend took me in is car when I arrived I waited for half an hour in the waiting room so nerve wracking waiting after an half an hour I was called in the room there was a Dr and another man they started asking me questions but on that day my fibro fog was really bad and the questions they was asking went back quite a few years so I couldn't remember the answers also I was in alot of pain the Dr I could see was getting annoyed with me then the other man asked me a question but was looking at my carer so she answered the question then he shouted at my carer for answering the question he said I was asking me that started me to sweat and shake I just wanted to get out then they sent us out of the room for 5 mins then when we went back in they said we are adjoining your tribunal while we get your medical notes from your doctors dating back 5 years I was so furious at this stage as they could of done this before they stated a date for my tribunal they said it will only take six weeks guess what I've only got my date for next week funny six weeks I found out they only applied for my notes at the beginning of Dec not straight away as they said they was doing fucking bastards I'm not holding out any hopes out I've been fighting this since 2012 also half of medical notes went missing when I moved down to Essex 6 years ago but when I moved back to the west mids four years ago all my notes came back but the most important notes was lost when I moved there so I've got no chance ARGHHHHHHH I stop rambling on but good luck tezp2010 gentle hugs

Ginsing profile image
Ginsing

Morning Tez,

You sound like you have really been through the mill. How dreadful you went through all that and got a zero I dont understand the people on the pannels.

Glad you have found the site, hope you enjoy it - I suspect you have had a good look around already :)

Have a look at fibroaction.org may be some bits on applecations and trying again. Often people win their award second time around. Dont give up .! Have a good day

xgins

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