Esa tribunal help.

[Fayemiss]

Hi guys, I have just joined the site today, I suffer with Fibro and M.E. My story starts whe i was originally diagnosed with Labyrinthitis (an inner ear infection that turns your world upside-down) after I got this i just couldn't get myself back to feeling like myself I was always tired and my coordination was all over the place I attended the doctors, after a few blood tests I was told I had Vitamin B12 Deficiency, I was relieved that I had a diagnosis even though I would be on 3 monthly injections for life but I was looking forward to feeling normal again but almost a year later I still felt utterly exhausted, I'd had to give up work after several months as I was injuring myself on a daily basis.

In March last year I was diagnosed with M.E and made a claim for ESA with this diagnosis amongst others.

(Possible hip replacement, Depression, Anxiety, Tinnitus, Numbness in hands and feet).

I then went for the medical assessment to which I only got 10 points even though half of what was said by the health "professional" was totally incorrect! My benefit was stopped and I had to live on handouts for a total of 3 months! I appealed this decision. In between that time I was told by my doctor that I also had Fibromyalgia so I made a new claim for ESA.

I then attended a tribunal for the above mentioned conditions but the case was put back until I could contact the hospital I had attended for results of an MRI scan to see if I might need a hip replacement.

(I telephoned the hospital about this but the results could not be given over the phone I had to speak to my consultant face to face)

I was given another date for tribunal which I then attended again only to be met with a barrage of questions about why I had to attend several hospitals in Glasgow when I live about 20/25 miles away! Of course I didn't have the answer for this so I was told they were going to request my medical records and I would have to return to another tribunal which I wish they had done at the start!

I still don't have a new date for the next tribunal bit I do now have another medical to attend for the fibromyalgia and I have also been told I have arthritis in my knees! I don't know where to start with these medical "assessments" if you don't attend your money stops but if you do attend they think there's nothing wrong with you because you have travelled on public transport to be assessed! If they could come and spend 1 day with any of us they would see just how hard it is to get about especially if you are having a bad day which for me is almost everyday I don't get many good days and I'm sure that the stress of all that is going on isn't helping me either!

Can anybody advise me on what I need to do at one of these things to be taken seriously please? Any advice no matter how small would be amazing. Thank you.

[bluebell99]

Hi Fayemiss and a warm welcome to our friendly fibro forum where you can find help, advice, understanding and support, along with a chuckle or two to lighten the day.

Have you seen our Mother Site fmauk.org ? Here you will find information about fibro including guides and links, including a link to Janet our Benefits Advisor.

You have been given the runaround haven't you? I think we will be able to help you with your ESA as many members have been where you are.

Is this a fresh claim? It seems strange you are having an assessment as well as a Tribunal.

I am not sure of the Sottish system if that is where you are but does your council have a Welfare Benefits Officer or Disability Advocate? Their advice will be free and in some cases like tribunals they can accompany you.

As you have already discovered, travelling on public transport is a no no. When you get your date, check where it is and if it is far away ask for a nearer centre. Ring up the centre and ask that the assessment to be recorded, you cannot do this on the day.

Never go alone. Take a family member, friend, neighbour, anyone who can be a support and back you up. This is VERY important.

Hopefully you made copies of your form and you can go over your answers again to refamiliarise yourself.

Remember they will be watching you from your arrival until you go, so don't start dancing to your iphone! In the waiting room they will watch how you are, if you said you cannot sit still for long, make sure you get up and move around.

I am sure there will be others who will reply with their own tips.

I look forward to seeing you around the forum.

Kay

[fibrojan]

Hi, welcome, I'm sorry I don't have any tips but just want to say-------GOOD LUCK AND WISH YOU SUCCESS IN YOUR NEXT TRIBUNAL. It seems to be a complete nightmare for you - these people have no idea how you feel - and as you say 'if they walked a day in your shoes' Hoping you can get useful info from fellow sufferers. Take care and best wishes, Jan

[peck]

Hi Fayemiss , Welcome to our lovely forum and from your post, I'm so glad you found it. I have seen your story several times and it's very upsetting to me.I am from the US so can't help with info concerning your claim but I can be here to be a friend and wish you the very best. Best wishes. Peck.🐤

[jfk71]

Hi you have had an awful time. Half if these assessors haven't got a clue and the yes,no tick boxes leave no room for those,sometimes, most if the times situations. Public transport is massive no, no. Do you have a friend or relative who is able to take you,as yep going alone seems to be indicative of you obviously being perfectly well. Also being able to climb stairs gives them the impression you are physically competent and able. Would be a good idea to mention you need either a lift or ground floor room. Inform them you have trouble with stairs due to arthritis in knees,need for possible hip replacement and severe fatigue related to your fibromyalgia . Its so unfair that those of us who are genuinely struggling with life physically,emotionally and mentally on a daily basis,are forced to undergo such gruelling and often humiliating,rather soul destroying assessments only to be told we are not I'll enough according to the boxes....bl##dy boxes. If only eh . Good luck and huge hugs x

[rosewine]

Just to say welcome. This must be so nerve-racking as you have two ESAclaims on the go through first one going to appeal and your new claim for Fibro.

I will concentrate on the tribunal part. The tribunal has to be sure that they are making the correct decision as the DWP unfortunately still has a right to appeal the decision so they had e to be able to give valid reasons why they have overturned a decision. My OH and I can commiserate as we had to attend two tribunals for his ESA. He had to wait nearly a year for the first one where they said they could see discrepancies but felt they had insufficient evidence to reach a decision so asked his permission to have access to his complete records from the first day he approached the GP. It then took nearly a year for the second tribunal to convene.

Do you now know why you have been sent to a hospital so far away, was it because there was no specialist unit nearby? Did you feel rushed and not heard at the assessment? Did you emphasise that you may be able to do a certain action but not reliably, repeatedly and safely? What were the assessors qualifications? If she was a general nurse would she have enough specialist knowledge to fully understand how arthritis in the hip would affect you? Concentrate on the areas where you expected to score points but didn't. As there a y evidence you gave but wasn't considered and mentioned in her assessment. I hope you get the drift of what I am trying to say you have to somehow pick holes in the very fabric of the assessment so it starts to out doubt in the judges mind. The best of luck do please let us know how you get on.x

[Jimjams1]

I attended but I had help my sister arm in arm my walking stick snd it took me forever to walk the little distance to the room they wanted me to go in and I said I could go any of the tasks they asked me to do , not one of the tasks and I had to get help from my from my sister out of chair , I was having flare up that week so it made me look really ill but unless you look or are incapable of doing any thing they put you on paper as fit and well arrr , take help with you and don't do anything you can't or find painful to do as they put that down as you can do that. Task I sometimes can't get out of bed but other days are better ,. But if you tell them about your good days your buggered lol your them describe as fit and well , do be careful and mindful of everything they ask you , remember your worst day and stick to that x. Hope this helps I appealed and won mine . Good luck xxx

[TheAuthor]

Hi Fayemiss

I sincerely hope that you are feeling as well as you possibly can be today? Welcome to the forum and it is wonderful to make your acquaintance. I have never been through anything of this nature myself but I want to sincerely wish you all the best of luck and please take care of yourself my friend.

All my hopes and dreams for you

Ken