E.S.A Tribunal Won

I would just like to say a big thank you to people that offered me support over the last few weeks and months regarding my tribunal and my fibromyalgia,

I had my E.S.A tribunal yesterday and was really really nervous, the doctor was trying his hardest to confuse me, and the judge wasn't exactly the most helpful of people to be honest,

the judge asked a few questions but really didn't have a lot to say for himself, the doctor, well what can I say was trying to get me to trip up,

unfortunately for them once he had started he didn't like the fact that I had grown in confidence and could answer his questions and thoroughly to,

The intimidation factor is amazing, they really do try to Intimidate you, when answering his questions it seemed like he didn't believe me one bit and just kept asking for more information,

But I am now living proof that these things can be won, and that just because you are given 0 points after your assessment and mandatory reconsideration process, if you take them to the tribunal and force them into a corner for a change you can win (I did)

unfortunately it seems that they have not taken the fibromyalgia into consideration and it was other factors of my health won it,,

I do recommend that you seek advice from the citizens advice bureau, we are lucky here as they have a specialist benefit caseworker. who compiled a submission form and told them what and where points should have been awarded, not that they appreciated it at the tribunal, I was able to submit evidence on the day of the tribunal, although it dose mean that they will make you wait for them to post there decision to you, I also had a very helpful and supportive GP who also composed a supporting letter, which again they didn't like, it has been a really realy long and agonising wait and process

But please do not let them intimidate you, (easier said than done I know) but they can be won,

thank you again everyone!

Best wishes

and

Kindest Regards

Tez xxx

ps if anyone does have any questions that they feel I might be able to help with regarding these please feel free to ask and I will happily try and help.

15 Replies

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  • Well done, congratulations. Could I ask if you had written proof of a diagnosis of Fibromyalgia? only I was told by my ascessor for PIP that unless you have it in writing the DWP ignore it.

    Luckily I had just been seen by a Rhumy and had his report with me, So he said that he would use that as proof and so for benifits that is now my date of diagnosis hugs sue xx

  • Hi Sue, I had written proof in a letter from my GP confirming that I was being treated for fibro, I.B.S and depression/panic attacks along with a panic disorder, they were not happy about accepting fibro, and have given me nil points for that, or the depression, it seems like the only thing they have taken notice of is I.B.S and given me 8 Points for something else that I have no idea what! no disrespect ment to anyone with fibro or any other medical problems, but kind of got the impression if I had have gone in on crutches I would have been overlooked for the fibro.

    Glad to hear you have been seen by a Rhumy, that's what my GP is supposed to be sorting out for me (hopefully) do you or did you find that they helped you??

    Kind Regards

    Tez xx

  • Hello again I know that a lot of people on the site do find their rhummy`s helpful but the one I saw was very nice but admitted straight away that he was not an expert on fibro.He did do a thourough examination and confirmed the Neuro`s diagnosis of fibro It was his report that I gave to the ascesor it listed every symptom that fibro was causing. So I am hoping that it will carry some weight. The asessor seemed to think that it would.

    That and the fact that he a

    had to stop the assesment when fibro fog took over and then sent my bp through the roof. well try again next month, home visit this time

  • well done, im so pleased for you :) xx

  • Congratulations tez I am really pleased you won the fight :)

    Healing fluffies on route to you

    :) xxxsianxxx :)

  • Excellent news Tezp, so glad for you an you're dead right, never give up.

  • Great to hear you've won, now you can relax

    Emma :)

  • Really happy for you!! :-) Very well done for standing your ground too, it's not at all easy to remain calm and coherent under such a stressful attack. <3

    I've just heard from my husband that they (DWP?? or whoever "they" are!!) are proposing charging for Tribunals if you loose!!!!!!!!!!!!!!!! I find this outrageous, it's the fear factor they are working on here. I don't know quite how much a tribunal costs but feel this could be in the thousands. This is really going to put so many off from taking their case to tribunal, which is, of course, EXACTLY the reaction sought.

    Congratulations. Wishing you well. xx

  • Hi Celticmoon, thanks for your comments, I find this utterly and shockingly disgusting but I have to say that I wouldn't be a bit surprised what they are capable of, its just another way of making money,

    Did I read something on here or have you read or heard of what the plans are now regarding future re-assessments? I thought I heard or read something about successful claimants being given a further 2 years until they find someone other than Atos healthcare to do them?

    KInd Regards

    Tez xx

  • Hi there Tez :-)

    I haven't read anything much about the reassessments... To be honest with my high intake of opiates and of course the fibro itself the fog is a real problem for me so my husband keeps up to date with everything then churns it out in understandable bite sized chunks for me!!!!!!!!!!!!!! ;-) He hasn't heard anything about this either...

    Right now I'm waiting (along with many others I'm sure) for my claim for ESA to be renewed. I sent in my claim in January but haven't heard anything yet... I actually paid for recorded delivery to ensure that ATOS got it all safely but when a signature was not forth-coming my husband rang them to be told that they had indeed got the form ok but that all claims go to a post box... ... ... a post box, which is only emptied once a week!!!!!!!!!!! :-/ Also letters posted there are never signed for because no one takes delivery of them... ... ... So paying for recorded delivery is yet another waste of money.

    It does really make you wonder what is going to happen. Just who is going to take over the assessments - are we to get Capita? Or another company?? AND... will they be any better, or maybe (horror of horrors) worse!!!! Uncertain times don't make life stress free do they?

    Despite all these concerns I am genuinely pleased to learn of your success, after all, every victory for "one of us" gives hope of a fairer system being implemented. Maybe one that asks the right questions would be a great place to start.... ;-)

    Wishing you well. xx

  • Hi tezp2010

    I sincerely hope that you are feeling as well as you possibly can be today? Congratulations, I think this is absolutely wonderful news and I really want to say well done!

    Take care

    Ken x

  • Brilliant news and well done for struggling through the nightmare of a tribunal! As I recently posted, I also won my Tribunal (and without having to appear as they telephoned me on the day to say they'd reconsidered my appeal). I honestly think the only reason this happened was because the C.A.B. and my GP advised me to concentrate more on how my conditions affected me psychologically, rather than physically. I got zero points for my fibro, polymyalgia rheumantica, chronic fatigue syndrome, osteoarthritis, costochondritis, etc but full points for not being able to drive myself to unfamiliar places, panic attacks and depression. Go figure. I now it seems unbelievable to those of us who suffer daily from the symptoms of these auto-immune diseases but that seems to be the mind set of the so-called professionals who sit in judgement on us. As always when dealing with these people we need to describe our very worst days as the benchmark otherwise we are just not taken seriously. Brain fog has just kicked in so I fear I'm beginning to ramble but I hope what I've said makes sense and will help others. :-p

  • Well done on the win. I was awarded 6 points and all the medical letters I had given the assessor were ignored and not even mentioned. At my appeal I was awarded Support ESA in less than 5 mins as the doctor and judge did read the medical letters and showed concern on how I cope when my wife is in her part time job and I am alone.

    You do have to be up for the fight I am afraid or they will walk all over you.

    Be Well

  • Well done for seeing it through. I went to one with my son a while ago due to his mental health and they pretty much rolled over so it can be done but you have to take it to them rather than waiting for them to come to you

    xx

  • Fantastic news :-)

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