I'm new here & would like some advice on esa please x

Hi I'm new here my name is Lisa & im in need of some help or advice on esa, I have fibromyalgia, hyper mobility I also suffer with anxiety & depression. I have had a medical assessment & this morning I had a phone call to say that I am not eligible for it anymore & I am being put on job seekers, I really would appreciate some advice on how do I appeal, the gentleman I spoke to seemed surprised that I never had a physical examination & i really am at a loss of what to do.

9 Replies

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

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

    The first thing I would do about your ESA is to ask for a Mandatory Reconsideration, also a copy of the report about the decision not to award you ESA. There are likely to be inaccuracies in there.

    I suggest you make an appointment with the Citizens Advice about what you need to do to get ESA.

    Don't panic, this is the usual response and the DWP often do it to sort out the real from the fake applicants. I am surprised you heard so soon if you only had the assessment today.

    I don't quite know what you mean by not having a physical exam, but this could be something that works in your favour.

    If you type ESA in the search box you will be able to read other members experiences.

    Kay

  • Thank you for your reply, I had the examination about 2 weeks ago & I was given the decision today, I wasn't given a physical examination because the dr who was assessing me said she wasn't going to do one as she was happy with the information I had told her & the examination would make me achey, I was told the reason for not being eligible is because I am currently doing an online course, which she said makes me well enough to claim Jobseeker's, even though I was told at an appointment with dwp I was allowed to do, and advised to do a course, it's all really confusing, thank you for your help I will have a look at the site you surgested, kind regards Lisa

  • I also got told a day later that I was not able to ESA.

    I am just trying to start my appeal. I have got a letter of support from my GP who has used the regulation 29 I'm hoping this is right.

    In the assessment they don't include how the extreme fatigue takes over most days and stops you from doing much.

    I had to give up my job as a cleaner as I could no longer cope with the pain by the time I finished. I can't do my housework all in one anymore.

    I am hoping they will change the decision. It's just made pain stress and depression even worse.

  • I hope all goes well for you I'll keep my fingers crossed! i have an appointment to see my GP next week, he did say he would write a letter for me if I needed one. I know what you mean about the house work! I used to be able to do mine all in one hit! Now I really have to pace myself or like you end up in a lot of pain.

  • Thank you. Xx

  • I am sure they refuse Everyone but the most extreme of cases in the hope that you will go away. Article 29 is used when "This is an exception where you can show that due to your disability there would be a substantial risk to your health or to the health of someone else if you are found not to be eligible for ESA. The part of the regulation which is relevant is below.

    ‘The claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work"

    I am pleased you have your GPs support in this. Again if you can find any other evidence to support this argument such as diaries and statements from others that know you then it will boost your credibility. Good luck and let us know how you get on.x

  • Hi Lbar

    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 pasted you a link below to the *CAB cache entitled: Challenging an ESA decision:

    citizensadvice.org.uk/benef...

    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

  • A big thank you to you all! you have been so helpful xx

  • good luck my friend x

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