an update on my e.s.a appeal.bad news

well its totally bad news we havent been given the decision but its clear how the appeal went that weve lost.

im sat here in total shock i feel humiliated and feel like ive let myself down and my fella and kids now..

i cant fight for my kids now so i wont see them..

the lady judge ripped me to shreds and twisted it all.she said that im not someone she believes who has c..f.s she wasnt intrested in me having fybro?not one question was aimed at that.

i broke down quite a few times.the doctor told me that i looked okay and wasnt in any discomfort either today?

i told them about my mental health and weve had to go skint and pay for a stupid letter of our doctor which wasnt worth the paper it was written on..

he didnt help much either.

i cant stop crying and now im going to apply for some jobs and tell them all things i have wrong with me...

they treated me like a criminal as one other lady described in her recent appeal.

they wouldnt have none of it.and our time was wasted going and wish i hadnt bothered...

i dont feel like i wanna eat infact im feeling quite angry and low right now and after ive picked myself up with ex and kids and tried to move on.im back to square one.

ive already had two breakdowns looks like thanks to atos im heading back onto another i am really ill and like all others on here we dont deserve to be treated like this..

i hope they sleep well at night now..coz i wont.....

so sorry had to let you guys know.but trust me i have lost to them...

they wouldnt even let my partner speak for me at end either.she was a nasty nasty judge...

21 Replies

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  • oh no i am so sorry what a nasty lot they are, i really hope you can bounce back from this once the shock has gone, i really don't know hwo they dare treat our lovely people like this its disgusting, My brother broke his back and is in a wheelchair and they used to insist on him being assessed every year til he got very angry and asked the bloke did he think his spinal cord would suddenly repair itself ! he then threw the bloke out and hasn't heard from them since , warmest hugs take care J xx

  • good on your brother sometimes people just dont think

  • Oh Sammy, I am so sorry that they have left you feeling like this. I can't believe what is happening on these assessment panels. It is so wrong that they can treat people in this shameful way. Please don't let them take away your dignity and self esteem. You are a special person and deserve to be treated in a respectful and considerate manner. I would urge you to put in a complaint as soon as you feel strong enough.

    Thinking of you. Jane x

  • many thanks but no only are we left with no money to live no food after monday,but our rent will get stopped and we will get thrown out.

    our landlord is a nasty one anyway...x

  • Hi Sammy, I'm new on here today and this is my first comment, so I hope this helps. So sorry to hear what you've been through today, it's awful when you have to contend with such ignorance, especially when it affects you're income.

    I am aware of many decisions and tribunals going against claimants, it seems to be common practise whilst the govt are trying to streamline the number of people claiming and restructure the whole benefit system. I don't know anyting about your circumstances, whether you or your partner have jobs and how that may affect your entitlement to benefits. However, my advice is as ladygreenfingers says, make a complaint. This is really important as it can shake things up and that's what we need. Equally important is to continue to appeal until you get the right result. One of the ways in which they are sifting out the "non-genuine" claimants, the logic being that if you're not genuine you'll give up. I know this is an extremely flawed logic but it's an extremely flawed system.

    I understand this is probably the last thing you feel like doing right now but you must as if you do succeed they will have to pay you from the date you made your claim, otherwise you would have to start again. I'd also suggest going beyond your GP in terms of reports, if you have had any, relatively, recent referrals for x-rays, to consultants, etc you can use those to support your claim.

    All the best with it

    Lia

  • I'm so sorry to hear this Sammy . Can you try and get legal advice with a view to going to an upper tribunal ?

    I know this can only be done on a point of law, but it's worth trying to find out if you have a case.

    It so upsets me to see Fibro continually being ignored by these pompous asses . I wish they could feel what we have to live with.

    If neither you or your partner are working I would hope they will still pay your Housing Benefit as you're still not in employment , but I must admit when my benefit was stopped last time I did lose mine.

    I was lucky to have the backing of a law centre solicitor last time , in January when my award ends I won't be entitled to one because I'm now married.

    Gentle hugs for you , I hope someone can step forward to help you.

    xxx

  • Oh hun,

    I am so sorry you are now going through this too. I felt the same as you when it all went pear shaped. These people have no respect for us whatsoever. Almost like they are told to inflict as much psychological pain as they can. I cannot find any other words for the way, me, you and probably others have been treated. I like you looked on the black side when told no decision on the day. Sometimes we are right to, and other times it can go the other way. You will only know when you get the letter through as I did. I hope I never have to go to another tribunal again(see new topic)as they take you to the point where you just do not feel strong enough to do it. I can only say that these people have not been told that the government accepts the illness for what it is, or they just do not care and are judging people on what they alone think. Welfare Rights often advise to say you are having a better day on the day of the tribunal, so we do, and this is how we are repaid. EJ is in the same boat(sorry EJ, cannot remember your full screen name) and offers some good advice. I am lucky, I found a way out. I am not going to tell you to chill and forget it, because that is impossible. I am only just recovering from it all now as you will see in my new topic. But for you it is different. You do what you said, go to the work focused stuff and apply for jobs and then ask the employer are they prepared to give you 6 months paid leave a year, for if you have a fibro flare-up. Guarantee you won't hear from them again. I have been wondering if you had your tribunal at the same place as me, it would not surprise me.

    xx

  • Sammy I'm so sorry that these people have driven you into such a state.

    If the tribunal has gone against you appeal again - these people are such bigotted bullies.

    There are still people whose help you could perhaps enlist eg

    Gp

    Specialists

    CAB

    MP

    Local counciler

    Local radio

    Local Press

    ((((( gentle hugs )))))

    Julie xx

  • ive done all above next is press and radio.im sick of fighting and trying to prove we are actually ill.

    we havent slept at all in pain and with worry of losing our home now coz we dont have any money to pay the rent.

    i have the lawyers today abt my kids and im prob gonna lose that now.

    im just teetering on the edge right now .

    i cant handle much more.we are gonna start selling rest of our stuff and just leave for wales and im gonna explain to my kids why?

    i havent failed them..

    were gonna be homeless anyway so lets get used to it now...and prepare.i dunno if ive got any fight left in me now really dont.xx

  • I detest what is happening to the sick of our country. It appals me that they have to go through this disgraceful sham. What planet does this government live on!

  • This is so sad. Only last night on one of the news channels, was a piece about ATOS and the way they conduct their assesments. This young chap had continual fits so was unable to hold down any kind of employment. He went for his assesment with ATOS and they turned him down for renwal of his benefit and said he was capable of work. 10 days later he died when he had a massive siezure. His parents said the stress of being told he had to seek work, raised his blood pressure and stress levels and the siezure was the result. I hope they are proud of themselves,ATOS. They have managed one way or the other to reduce by one more a claimant on benefits.

    What makes me even more mad, is the fact that many of us have worked and paid into the NHS. Why do we pay this "insurance?" So we can get help when we are in need! The system is quick enough to pull the plug on any monies given, before even any proper investigation or appeal has been raised. Oh, yes it will be back dated if sucsessful. But what do you all do in the meantime? Live on fresh air?? Nothing changes. I had the same problems back in the early 80's when my husband was first diognosed with MS. If it wasn't for friends and relatives, literally giving us food parcels and my husbands firm paying us his sick pay in cash, we just wouldn't have survived.

    At the moment I am manageing to work. But can see 25 year or more later, things still haven't changed.I absolutely dread the next year when I have to struggle on to work as I know I would not get anything in benefits as I am due to retire in July 2013.

    My thoughts are with you sammy. I do hope you have a little bit of good luck coming your way very soon. XX

  • i have petit mal seizures too.and they ignored this.i have that many things wrong with me id be put down if was a horse.

    many thanks for your support and hope your hubby is doing okay?

    ii dunno wot we will do now.landlord isnt nice either so he will come round and cause havoc and treat us like proper dirt.i cant even sleep at mo through worrying or eat.

    dunno how they sleep at night.they arent humans..

    xx

  • oh yes ive been on the phone for a crisis loan for my rent for over 3 hours now waiting and they pick up phone and then slam it down again.my fella cant believe it.

  • I am sorry to say things don't change. These 'faceless' persons are just down right rude. You would think the benefit was coming out of their own pockets! the way they treat you. Altho' it won't help you long term, your landlord can't just kick you out for none payment of rent, whatever the circumstances. They have to get a court order. And they take time. When one of my daughter's was in a similar situation, the CAB gave her that information. You sit tight until they get their order and even then if you haven't got anywhere to go or any other help you still sit tight until they come and physically evict you. Not a pleasant prospect I know, but it can take several months for the Landlord to get a court order. So don't let him bully you. Just keep telling yourself that "sticks and stones can hurt your bones, but names will never hurt you!" Let him threaten and swear all he likes. Just stay firm and polite and that will wind him up and ultimately see you in the better light. Best of luck. Let us know how it all turns out for you. XX

  • I had to go to a Tribunal in 2009 to try to get my SDA reinstated. Although I thought the panel would be neutral, the doctor there plainly disbelieved me before I'd even gone in and opened my mouth. He tried to trip me up at every turn and was totally obnoxious. He even trashed the letter I got from Dr Myhill in support of my appeal. As expected, I lost my SDA for good and only get DLA now.

    I have every sympathy for your predicament. You are not alone. The system has only got worse in the past few years. They say it's not about saving money but it is. It is no reflection on you. I'm very sorry.

    Karen

  • thats exactly how it went with me yesterday.im going to appeal to upper tribrunal as ive had legal advice and they treated me badly and so did they you.

    landlord ainet gonna be happy as from tomoz we are squatters not paying rent.

    so gotta stand firm and n ot let him in flat.

    god am i dreading it.

    my m.p disgusted and they have tried to help too but doors come down at every turn.

    if i didnt hate alcohol and had money god help us...

    thanks for your support.x

  • I am so so very sorry that you have been treated in this appalling manner. In the documentation I read as an employee of one of the governments services we are told about dignity and respect - I see neither in play here and I wonder what if any training these assessors get or if they actually get financial rewards from the nos. of claimants they turn down.! As a member of this country I apologise to you that you have been treated in this way. Now where is that blessed magic wand I read about in another post?

  • My DLA tribunal was just the same. I dont know how they b can live with themselves. They treated me in a disgusting manner and im still waiting for their decision notes to see if I can challenge. My advice for esa tribunal is to now go to welfare adviser at CAB they are speicialist and will be able to tell you what to do next. Maybe its a case of re apply like me. I do wish you well, knowing what its like to lose everything, I have been left with not much more than the milk money to bring up my autistic child on. I have no partner so Im on my own through all this.

    We must fight on

    Kind thoughts and a hug

    NN :)

  • you must must challenge them.they think they are god and can play with our health and mental health.

    we really are ill and they need as many people appealing an fighting back.x

  • Will do Sammy and fingers crossed for you too

    :) NN

  • I'm beginning to think the tribunal service has been got at by gov for allowing too many appeals to win. If you haven't already done it reapply as soon as possible (sorry I am so behind on forum at the mo) you can do this even if you are going to appeal to upper tribunal. I was advised to do this by CAB and despite receiving no correspondence from DWP following the tribunal decision or my reapp I am still getting the assessment rate paid which in turn should mean your rent should still be paid too. xx

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