the appeal for esa now running for 14 mths i dont think the person who examinined me was qualified to do so so i have an appeal with dla also, can anyone tell me what to expect, i dont have any appeal dates as yet but i keep trying to chase it up over the phone, the stress of all this and living on 55 per week is making me really bad. thank you all in advance of your help and advice.
i have an appeal for esa they then t... - Fibromyalgia Acti...
i have an appeal for esa they then turned down my claim for dla on the findings of this medical
Please look at the site Fibroaction recommend, benefitsandwork.co.uk, it has alot of information on how to appeal and what happens. to get all the info you need to join but without you can still get a good amount on info in both appeals
If at all possible take someone with you who can readup on your case and be able to either speak for you or back you up if you get into difficulties.
Obtain as many aids as possible, even if you dont use them have them at hand. Your gp if supportive can refer you to occupational aids who will loan you most things available. Mental health is a nono for DLA so you have to prove your conditions make you depressed NOT the other way round. Make your bad day a good day and a very bad day a normal day and severe days your bad days, in other words you have to exagerate. Take your time and whatever you do dont try to please them, open doors yourself, stand or sit quickly or be too confident or fast in your replies. If in pain then explain you have to keep moving about on the chair or you will set, rub the painful area. Dont be frightened to let them see your condition at the time. If you get confused then say so, explain the brain fog, the memory loss, the lack of sleep and the consequences. You are given as much time as you need, the three people are offical but caring and totally independent.
I lost everystep of the way but 9 months later I won my tribunal, got the highest rate without conditions after the visiting gp reported I had a slight limp and nothing else!! Good luck x
May I ask - How bad are you? On a good day can you walk far? Just the low care would help me no end but I'm worried because I'm at uni they will assume I'm ok.
The stupidest question I was asked at my tribunal hearing last month, was 'can you put a hat on' - luckily I had my partner with me who is also my carer, and is a carer by trade so had his uniform on. It honestly depends on how bad your symptoms are - someone mentioned about taking someone and not doing anything for yourself - wise advice. I wanted a drink of water and asked my better half to get it even though it was right in front of me... to be honest I couldn't reach it anyway...
I made sure I had lots of letters from people who knew me and had seen my decline, including two from my doctor stating the decline of my condition, and I had the original letter that had come from my specialist to the doctor. I went dressed for court - I had been advised by someone not to wash for a few days and go dressed badly - this doesn't work. Take someone who knows what to expect locally to you - its different wherever you are. And take plenty of evidence with you. I have also been in contact with my local MP - they can also help.
Make sure you're well prepared - remember as other people have stated that they are independant officials, but still officials! I went with a lever arch file full of my letters to the DWP and copies of all my forms etc... I think I might have scared them! But all that mattered were the letters from my doctor, specialist and people that know me. I gave the most recent ones to the clerk just before I was seen, and they seemed to help.
I hope you win!