Given diagnosis

[1117145]

I am going through appeal system after failed medical can anybody tell me how being told I have cancer changes things like the benefits I should claim and where I would stand regarding my esa appeal and wishing you all a happy Christmas

[Trikki]

Hi 117.....so sorry about your diagnosis I do hope it is not too severe and chemo will help. Are you already on benefits if so please call them and tell them of your latest diagnosis and I am sure they will give you further info or contact our own Benefits Advisor for help.....I sincerely hope you can enjoy Christmas and the New Year and 2017 will see you back to health....|Gentle Hug xxx

[rosewine]

Not sure from your post whether you are at the Mandatory Reconsideration stage or going to tribunal? I think you need to contact them and tell them about this new diagnosis especially if it was a cancer that had been undiagnosed but was present when you had your ESA assessment as that could make a great deal of difference as you were probably feeling ill but with an undiagnosed cause. Between Mandatory Reconsideration and Appeal tribunal the DWP can actually look at your papers and reconsider their decision which might prevent you having to attend a tribunal.. Do get whatever professional help you can. Good luck with it all.x

[BlueMermaid3 in reply to rosewine]

Hi rosewine

How are you my friend?

Wont the DWP make our forum friend start a new claim if they let the DWP know about a change in circumstances?

Lu xx

[rosewine in reply to BlueMermaid3]

Lu BlueMermaid3 Fair to middling thank you, how are you. Will be better when on know about the results of all these cancer testst OH has to go through it is the not knowing rather than the knowing which is the trial.

There is a possibility of course that they can have a decision taken away but as this is ESA rather than PIP I thought that if they have cancer they have enough to contend with and hoping that this will make them reconsider before tribunal that is why i asked whether they were at the reconsideration or actual tribunal appeal stage as it can make a big difference. Sometimes people prefer to stay as they are and then go to the appeal but there can be such a long wait it can sometimes be best to make a whole new claim as the decision on that can come faster than tribunal as far as I am aware (unless of course they have changed the goalposts again and nothing would surprise me ) you can still go to the tribunal on the original claim as if you win you should be entitled to any money that you lost out on back to the original wrong decision. Hopefully if she can get in touch with Janet she will be able to help her further but am I right in thinking that she is now not open until the 6th January?.

There is quite a bit of good information about the exact rules on CPAG but it is a bit coomplex even my head was swimming with it. Why oh why do they make all this so complex, well I know the answer they just want everyone to give up!x

[BlueMermaid3 in reply to rosewine]

I was thinking I need to check if Janet is off now. I didn't sleep at all last night and have a cracking headache.

I will check and come back.

Everything crossed for your hubby my friend. It must be agony for you waiting.

I am so sorry you are going through all this over Christmas.

Lu xx

[rosewine in reply to BlueMermaid3]

I'll just put the shoulder pads in and get on with as usual but why it comes at Christmas I don't know it was the same last year and the year before and the year before that.

Horrible when you get no rest as you feel so raw the next day and I know you are like the OH and prone to headaches at the best of times. He is sleeping poorly and is having one after another he looks warmed up for the purpose today. Is it the pain that is keeping you awake or are you just awake?. Must admit that is one thing this private acupuncture has helped with is the night time pain it is much less, now I just want him to do something about the fatigue and day time pain and we are a winner. Take care.x

[BlueMermaid3 in reply to rosewine]

It's the pain keeping me awake or unable to get to sleep.

I never get a break from it.

I feel terrible complaining when I know others are far worse off than me.

I've just had a rotten chest infection which has pulled me down very badly.

Take care of yourself xx

[rosewine in reply to BlueMermaid3]

Awful aren't they as as soon as you try lying down you start coughing and it is like a vicious circle and anything like that always feel worse at night. You should take a few days off from the forum we would just have to be good and not misbehave. Well we are all trying to be good or Father Christmas won't come. Try and rest as much as you can and have a little snooze in the day if you are able every minute of snoozing counts.x

[uggycat in reply to BlueMermaid3]

that does not count when other people are worse off because you can only feel your pain and that is enough xx

[Trikki in reply to BlueMermaid3]

Hi Lu Lu ..... Take some time out for yourself over Christmas..I promise to behave...and let them kids run around after you...xx

[1117145 in reply to rosewine]

Yes it was undiagnosed I was in the process of finding out why I was in so much pain also having breathing problems I had a lot of symptoms just no cause and I'm now at the tribunal stage I'm hoping to receive a back payment as well no doubt they will try and wriggle out of it ?

[rosewine in reply to 1117145]

So sorry to hear that I have my brother in law with cancer in both lungs and bladder but fortunately with the correct treatment he is making really good progress according to his Oncologist that my OH took him to see last week. Also OH is having tests at the moment for Prostrate Cancer so know what the not knowing is all about. Do let us know how you get on. Have you actually had a date for the tribunal yet?

[Vicki1971 in reply to rosewine]

Exactly my thoughts as I'm going through the same thing. It's best if you can tie the cancer in to when you first applied, if that makes sense?

[BlueMermaid3]

Hi there

I am so sorry that you have had a diagnosis of cancer. I very much hope that it has been caught early and is treatable.

I am not a benefits expert, but I am pretty sure that if you tell the DWP your health has changed (deteriorated) that they will make you start a brand new claim.

However, as I said I am not an expert, so I think the best thing that you can do is to get in touch with Janet our Benefits Adviser. Here are all of her contact details:

healthunlocked.com/fibromya...

Failing that I would seek some help via your local CAB or start looking for a Disability Advocate in your area to help you. You can do this by Googling for an Advocate in your area.

I hope some of this helps you. If there is anything else you think we could help with, please ask away. It's what we are all here for - to support and care for each other.

Sending you a gentle hug

Lu x

Admin

[bluebell99]

Hi

Have you had your diagnosis since applying for ESA? If so then I think it does come under changes you need to notify them about.

If your cancer is terminal, (I sincerely hope not) then you will be fast tracked for benefits. I think there are special circumstances whilst you are having chemo or radiotherapy too.

Try and find out as much information as you can, especially on GOV.UK

Hope you appeal goes well.

Kay

[rosewine]

Technically you are supposed to inform them of any change in your circumstances for good or bad including financial and health. How long back were you informed you had additional health problems? You can guess I am trying to think of a way around this for you eg you had a diagnosis but as you at that time did not know the full extent and were waiting for further tests, were waiting for some treatment that might alleviate the symptoms etc before informing them that unfortunately the illness would be ongoing, that sort of thing.x

[1117145 in reply to rosewine]

I think I put have copd also pleural effusions but also that I was having ongoing treatment at hospital because I was continuously out of breath also suffering constant pain but I'm sure it was a list of symptoms as you said it looks like the cancer was there from the beginning of claim it seems

[rosewine]

Thats a good shopping list of illnesses you ahve there certainly a mixed bag. You don't say whether you are in the Work Related or Support group of the ESA as if you are in the Work Related and you are diagnosed with several other problems it might enable you to get into the Support group. Well I honestly can't think they could sanction you for not informing them about the tumours until you knew more although I suppose if they wanted to be pernickaty it is a change; as you are awaiting results as they could be benign therefore probably needing no treatment or something to worry about and until you know it really isn't an "illness" as such just something under current investigation. Like my husband with his bowel polyps which means him having tubes in him every three years to see that they are behaving themselves and not growing and if they they are are removed in a simple procedure. Checked by biopsy and as long as they are okay no further treatment required and he is given a clean bill of health for three years. How long ahve you known about the Peripheral Neuropathy?

We are always in a cleft stick about contacting the DWP as of course any change in circumstances can trigger them wanting a review of your whole case so many people understandably are reluctant to inform them as they don't want to have to go through the dire process all over again and I can't blame them for that.

Technically it says :-

The DWP need to know about changes to do with your condition, for example if it:

gets better

gets worse

changes to another condition.x

[rosewine]

Well theirs the answer if they try to suspend benefits as unless it has changed there are specific questions about alcohol dependency which I am sure you answered as having that problem. We all know it can lead to memory loss so hopefully that would be your defense. Also the side effects if the drug you are on especially at a highish dose can make it difficult to recall things. I am off to bed now good luck with it all.x

[aud01]

Hi there . I am so sorry to hear if your new illness . I hope that this is a curable illness for you and would say that someone here Will be able to give you all the information you need ..

Good luck and best wishes xx

[TheAuthor]

Hi 1117145

I am so truly sorry to read of your diagnosis, and I have pasted you a link to Benefits and other financial support cache from MACMILLAN as they will be able to help you through this process:

macmillan.org.uk/informatio...

I want to genuinely and sincerely wish you all the best of luck, and please take care of yourself my friend. I also want to truly wish you a merry Christmas.

All my hopes and dreams for you

Ken

[Buntybunny]

Hi, sorry to hear the results! Both of them! Hugs!! I used to adjudicate appeals, most appeals were automatically allowed due to the hassle of a full appeal. I have been retired over 12 years! Take care, have a Happy and Peaceful Christmas and New Year. Hugs xx

[Mintychristine]

Hi lm new here but l will share this with you lve been on incapacity allowance since l was a nurse at ngh and suffered back injury at 35 l was summoned by atos 2yrs ago it so stressful when you need help financially and they expect you to be dead from the neck down to be eligible l read the benifitandwork.co.uk/emp this will give you guidance pay the subscription for a month or two and literally bear your soul and talk about your worst day how difficulties affect your day Dress down and if they ask anything unusual like " hop up on high bed" say you can't if possible take a partner or family member Atos where ruthless so l dont know who's doing it now l attended before my big problems came like Rheumatoid and other immune problems kicked in and managed to continue being eligible for esa

Good luck and read the site

[1117145 in reply to Mintychristine]

Thanks for your reply it was nice to hear I'm not the only one who thinks that atos are ruthless not only that they expect you to be incapable of doing anything yourself it doesn't matter what's wrong with you at the moment I'm on jsa but I've had to hand in a sick note which runs out very soon then what I'll be waiting to hear about my appeal and no doubt they will try and get out of it anyway hope you have a good Christmas

[Mintychristine in reply to 1117145]

Honestly l thought l was doomed to lose it It pains (l know you're poorly) say be firm trust your instincts take somebody if you can Read some help sites My husband helped me I took all the meds and if your gp take a letter they cant ignore that walk very slow dress down But be utterly factual about your day I was quizzed if l made mh own breakfast they grilled me about managing when hubby was at work l said my sister lived nearby remember their stand is not you cant do what can you do If they ask you to climb up on the bed and its difficult say you couldn't they even said " do you watch tv" its another quiz because if you sit that long you lose points lm sorry lm assuming you're female lm new no make-up if you read the sample test on the benifit site everything has score Wish you luck its awful humiliating at times but tell it as it is

[Vicki1971]

She needs to show that her symptoms at the time were from the undiagnosed cancer.i'm going through the same thing, and as I understand it, if it's a new disease then it's not considered as part of your initial application. Again, hope that made sense

[1117145 in reply to Vicki1971]

I know I put that I had pleural effusions pain and breathlessness and the dr is now sure of the cause which is cancer but isn't sure of where it started so this is the cause do why should I have to start a new claim I more concerned about the lies and misleading medical reports but if making A new claim is my only option does anyone know what benefit I have to pick at the moment I am still angry with my GP who told me my biopsy results were clear so to find out the next day off my consultant that they weren't was a shock to tell the truth it's still sinking in anyway I hope everyone out there has a pain free Christmas and new year and thanks again for all your support and feedback. All the best Andrew