ESA Appeal won.... awarded 15 points and placed in wrag group with a recommendation that i dont be assessed again within 2 yrs

[barnsleysar]

well, after feeling like a fraud for the past 10 months, i had my tribunal this afternoon. Judge & Dr seemed very nice and listened to everything i said. I did shoot myself in the foot with regards my mobility by saying that even though it causes severe pain and discomfort that i walk my daughter to and from nursery 3 days a week as i dont want my child constantly sat on buses/in cars and not getting exercise.

i got 9 points for sitting/standing and 6 points for reaching.

so am quite happy this evening and can relax knowing that someone 'official' has believed me xxx

[stormwytch]

It must be such a big relief for you. Good to read you are happy and relaxed now

Storm x

[irisjoy]

congratulations a big weight off your mind at last, i am sure they appreciated your honesty and could see that you had a genuine claim warm hugs x

[barnsleysar]

I started crying when they called me back in to say i'd won, think they were quite shocked to see me grinning and crying and the same time but it was a great release and feel so chilled now. i may just break my diet and celebrate with a chinese xxx

[Ozzygirl64]

I am so glad you won your appeal. I am just feeling so deflated after it all. Does that mean youwill have to find work if you are in the WRAG. I was hoping to hear you had gotten into the Support group instead. But I think Iwould have rather had my answer today. Will sign off now and update you as soon as I hear anything xx

[barnsleysar in reply to Ozzygirl64]

am so sorry to hear that you havent had your decision. I was hoping for the support group but i shot myself in the foot saying i walk my daughter to nursery even though it causes me great pain & discomfort but i found it best to be completely honest and see where that got me

really hope you win too xxxxx

[squidley]

Good for you it's great to hear good news for a change. perhaps we are now being listened to. sending gentle hugs xx Violet

[Hidden]

Oh well done! It is always great to hear a good news story. Jane x

[barnsleysar]

thank you for all your comments, i cant wipe the smile from my face x

[Chellee]

Aww well done..big relief for you as it was for me when i was accepted for ESA...I just dont get the system at all..Ive retired on the grounds of ill health from the NHS....then im awarded Esa..on a work group ...Also declined DLA in tribuneral ...How do they score you on this ?

[barnsleysar in reply to Chellee]

i got 9 points for sitting/standing that cant stay in same place for more than 10 mins without having to move through pain and discomfort and 6 points for reaching about my head. not sure what the new descriptors will be for dla as i was awarded it back in 2006 indefinately ( although i know i have to reapply next yr) xx

[Hidden]

congrats just seen this now and im so happy for you so will they be backdating your claim as well now?lets hope hey.xx

[barnsleysar in reply to Hidden]

as i understand it they will backdate to when i was taken off incapacity benefit (end of december last yr) and also it will be paid at the rate i was paid when i had ib but am not 100% sure on the last point but no doubt i'll be waiting weeks for the backdated money, so quick to stop it but slow to give it back! x

[hamble99b]

I am so pleased for you well done!

respect,

sandra.

[Hidden]

I am so pleased you have won your appeal, but confused about them saying you don't need to be re assessed for 2 years as I recently got my award wrags but that is only payable for 365 days on contribution based ESA WRAG which I was unaware of prior to this letter. I have asked for a written report on the descision and will then be asking for them to look at the descision again, prior to appeal. I didn't even know there were contribution based and income based ESA in WRAG and that this is now taxable although wont effect me as I live alone. Because I have been on Invalidity Benefit, prior to its change to Incapacity Benefit I will be on same level payment as my current Incap which is higher than ESA, but it says I will get no annual increase in April until ESA reaches same level as my current Incap, non of this is made clear when you apply.

Sorry don't mean to rain on your parade re your great victory to get your appeal, just so much I have just found out in paperwork after phone call last week

Karen

[lossy in reply to Hidden]

Hello karen,

I had to reply to your post I was given 18 points in my appeal and a 24 month reassement ! and put in the WRAG group as well but because I am married I get NO money at all ... I feel my independence has been taken away from as I have NO money of my own to buy things I want I ve feel I've lost my self worth and independance just having fibro without No money this system is so unfair but i'm appealing again for the support group don't hold much hope but need to tell them how I am feeling .... sorry for the moan just hope this is not the case barnsleysar xxxx lossie

[Midori]

I think the decision makers make it up as they go along!

Cheers, Midori

[barnsleysar]

The 15 points and 24 month recommendation are what the Judge has written in my letter, havent got my letter back from dwp yet but i'll update with what they say as soon as i do.

It said on the back of the letter that, unlike a court, the tribunal cant order anyone to follow their recommendations and the dwp could appeal against my points if they so wish x

[oyabugger]

Glad you won your case i recieved a letter today to say i was not intitled to esa so i am wondering is it best i call them and appeal there decision ? the points system they have i find has really not got anything to do with me suffering from fibromyalgia does anyone agree with me or have ideas what my best plan is ??

[barnsleysar in reply to oyabugger]

did they say why you are not entitled, have you had your medical? If you can appeal then please do so, it is a long hard process but you may be surprised. contact citizens advice or welfare rights to help you appeal. Get as much medical evidence as you can from your gp with diagnosis etc also get friends/family/spouse who have seen you on your worst day to write you a letter about how they help you etc

I have fibromyalgia, Ankylosing spondylitis, carpal tunnel, suffer with anaphylaxis on a regular basis and now have been referred to neurology as they suspect i have ms too so am not sure which part of my ill health got me my points or a combination of everything

gentle hugs xxxx

[lynnh in reply to oyabugger]

Appeal Appeal, they are turning everybody down x

[Hidden]

i am so pleased for you

[lynnh]

Congratulations x

[Devonlady]

So glad for you what a relief. I just don't get the decissions they make this one seems to be a good decission but they don't really seem on the whole to get fibro. Seems to me it depends entirely on the persons who do the interview and what mood they are in. Possibly even how many they have passed already as well.