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Fibromyalgia Action UK
43,645 members55,603 posts

Esa,is it worth appealing?

Hi,waiting for tribunal date,could be month's away.My main problem is headaches,frequent migraines and neck pain.Am i likely to get anywhere in appealing? Also have chronic sleep apnea,sweating,depression and anxiety.My mobility not bad, but too tired to walk very far.Feel like my symptoms don't meet the Esa criteria.Gave up work nearly 2 year's ago,finished me on ill health.Why isn't fibro still not taken seriously? Making me feel very down.

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I am waiting for my outcome after tribunal last Thursday. I am same as you. will let you know. I can't walk far either. too fatigued to start with. xx

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Thanks,feel like haven't got the energy or fight in me.That's what they want though isn't it? Want us to give up.x.

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I got so stressed, anxious and depressed running up to the tribunal. you have to fight as much as you can. they want us to give up yes but so hard to fight. couldn't have done it alone. my mum, best friend and johntheguy on here. they have been amazing. have a talk with Johntheguy on health unlocked. he just popped up out of the blue and saw by my posts I was struggling. he is a lovely helpful chap and knows his stuff. he was a lifesaver to me. xx

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Hi

Appeal its always worth having ago

Unfortunately ESA is all about looking at your ability's to work even if its only a few hours a week so thay focus on this not your illnesses

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Hi,i expect i will,just feel so dispondent with it all.x

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talk to John the guy on this site. he will help and advise you. xx

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You could lock your post?

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Yes.

X

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I got my tribunal date through on Friday I've to go on 5th of October il let you know how I get on xx

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Yes,please do,how long did you wait for tribunal date?

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Hi I waited about 7 weeks xx

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I had to wait 6 months for mine. x

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6 month's!! It's ridiculous isn't it? I will try and talk to John on here,hope he can help.Thanks for your reply's.xx

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I have anger problems as I have bipolar and unstable personality disorder. I cannot cope with stress, easily stressed when when something bad in my life is going on like all this benefit stuff and having to fight. He typed up a statement regarding e.s.a.exceptional circumstances on each of my illnesses with an explanation of the worst case scenario in the work place, in public etc as I have a lot of issues regarding my behaviour towards people when I get stressed/angry. Doesn't take much for anyone to make me angry and for my temper to rear its ugly head. If put under pressure, I cannot cope, get very stressed, anxious then go into depression. All very complicated. Xx

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Hi it’s always worth appealing, make sure you get help from citizens advice they will assign you a worker, get all the letters u can supporting your claim ie GP Health worker, anyone that can support what you are saying, good luck 😉 x

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Hi,citizens advice not great near me,lady there helped me with Pip form.She kept asking a colleague for help,i got zero points.Is that where welfare right's would be?

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Definitely stick with it and appeal. I have my tribunal for PIP coming up and believe the more of us that make it to the appeal and tribunal stage to then be awarded, it will highlight much more cases of fibromyalgia which in turn will get it recognised.

I wish you all the luck in the world and hope you get the ESA you are definitely entitled to ♥️♥️

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I know it's very hard and yes you are completely right. Having people to see you through it is a must as its so hard, stressful, causes so much anxiety. I had my mu, best friend and lovely, helpful, concerning johntheguy from in here. I would recommend getting his help on ESA exceptional circumstances 29/35 if you have mental health problems, stress, anxiety, anger problems. X

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You are right mandy they do not like giving you exceptional circumstances .even putting that aside q17 applies to yourself easily and you get 15 points or 9 and that's just 1 question alone .Hope you will your appeal

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Which one is question 17 lol. I am hopeless. Sore head today and tinnitus so loud. I don't know if finishing steroids has anything to do with my sore head but woke up this morning with shimmering in my right eye and sore pain over my right side of forehead. Was on a tapering course of 20mg for two weeks, tapering 5 mg each fortnight and then just to stop. Give me strength.so fed up with it all. Xx

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Find your strenth 😊 one of theses mornings.i q17 inappropriate behaviour unacceptable in a workforce due to impairment or a mental disorder etc.daily episodes 15 points occasionally episodes 9 points.google ESA self test and save to your home screen

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Thank you.Your right,we do need to fight these unfair decisions.x.

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It’s always worth appealing. I have fibromyalgia and got it. Appeals are quite successful. I got my local Welfare Rights involved and my local MP did a letter for me. They were really helpful. Hang in in there xx

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I had no help from welfare rights from my town. It was awful, came out in tears. I scored zero points in my assessment which was disgusting and all lies. This woman at welfare rights said I stood no chance and I went out of the building in tears and in her office. Hope you have more success where you live. I had no help whatsoever, only my mum, best friend and johntheguy onhealthunlocked. Awaiting my outcome from court which is due today to drop through the post. It's awful all of us being put through all this. My first fibro and mental health has been severely affected. Good luck. Keep fighting or DWP will win, stand up for our rights. X

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So sorry to hear this. Sounds like my own first tribunal. I was told - by the GP - that if i could swipe on a kindle then i could take a taxi to a jobcentre. Logic doesn't apply to illness in this system

Welfare rights kept telling me i wouldn't win last time - my 3 rd tribunal. I kept sending medical evidence in right up to the hearing date but according to them it wouldn't be looked at. It was & i won.

My advice is try for a supercession. This is when you claim your illness has got worse. Maybe a new illness as well. Do not give up. You are ill & cannot work & you are entitled to this support. Good luck

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That is disgusting!! I really hope it's good news when you get your outcome in the post and hope it helps heal a little ♥️♥️

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Think about why you had to leave work & could no longer do your job. Can you sit only for a short time & stand only for a short time ? Are you in pain ?

It seems your mobility is affected by your fatigue & fatigue doesn't just kick in at 20 metres or 50 metres. Its always with you . Walking just makes it worse & increases pain too

You really need to scrutinise your responses to the ESA questionaire. Try CAB or Benefits & Work website online.

Work out the descriptors needed & describe how your illness affects you.

Remember they are not there to help you they are their to prevent you getting what you deserve. Dont mention hobbies or pets as they will be used to justify your wellness. They will also blatantly lie. On every assessment transcript in the last 4 years its been consistently noted that ' i dont look like iam in pain" Even when i shouted out in pain - sciatica & even tho i told them verbally & in writing with evidence from professionals.

Bombard them with medical evidence & be prepared for that to be used against you too same with medication & ability to drive.

Good luck & dont forget you are sick so look like it. Old clothes, no jewlery, no make up - because if you look smart & groomed then you are fit for work my dear. Makes sense ? Of course not

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Hi YES it is worth appealing. From what I hear of your medical problems you should have no trouble in winning your appeal. I presume you've gone through the manual reconsideration process? If so your next step maybe the county court. I went to the County Court with about the same problems as you have. I was surprised how accommodating the judge was, he asked me how my disabilities and health problems affected me. The next day I received a letter to say my appeal was successful and I received £1100 in back pay. Tyne best advice I can give you is to get as much evidence as possible. Doctors letters, hospital appointments, copies of prescriptions, etc, etc. I cannot stress how important this evidence is. If you do as I say you'll have no problems. Good luck and keep me informed on how you get on, and if there's anything else I can do to help just ask... 😊

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Hi mate try and stay postive or thay win get as much back up as possibly start writting a diary of all your pain and how much it all effects you please don't give up if I can help in any way with how I won my case and help you win yours take care all the best x

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Thank you,sorry taken so long to reply.Dr has cut down my medication,codeine,just trying to cope..Neck pain has been horrendous,cleaned bedroom window and changed curtains.Could hardly move for 2 days after.Can't get appt with citizens advice over the phone where i live,have to get there about 2 hour's before they give you a ticket,and then have to make an appt.Got seen there last year for help with Pip,waste of time.Really am thinking of giving up with it.

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I’m in the same boat Sue - I’ve been trying to read things on line and my head and neck are in pain now ... the score system is just stupid , I would like to work more but I’m exhausted with normal activities and need to go to bed after working the 5 hours x a week that I do x

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Hi,sorry taken so long to reply.Been in agony with my neck,stupidly cleaned window's and paid for it.No idea how we're expected to work,can't even do basic chores anymore.

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Between two thirds and three quarters of people win their Appeal, so do not be discouraged. From your description of your health issues, you should be in the ESA support group. The Capita and ATOS Assessors are doing a very poor job for the Government, looking for ways to push people on to Job Seeker's Allowance and failing to recognise the genuinely ill from the scammers.

Just stick to your guns and tell the Tribunal what it is like to live your life, concentrating on the things you score points for on ESA. You can find the list here:

durham.gov.uk/media/3903/Wo...

Good luck with your appeal.

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