Well today I attended my tribunal abt the appeal I put in April 2011 about me being fit to work. Its amazing how they can say that my health as it is today is not taken into account as their findings will be based on the medical I had back in Feb 2011. After sitting there in my wheelchair and being in severe pain for 20 mins I answered all the questions they fired at me. I was asked did I want my decission today or in the post. I said today as Ive been waiting 15 Months to get this far. After my boyfriend wheeled me back thru the very unfriendly doors - yep not disable friendly at all, we were called back, yes it took them 5 mins to decide the appeal - they decided I am NOT entitled to ESA because of the in consistancy of what I was telling them and what the lady at the medical examination back in Feb 2011 wrote down.
How can they justify their decission? Of course my events are going to be different - when I arrived for my medical I was running late and made it with 10 mins to spare, was called to the room at the other end of the building, my daughters helped my walk down and had to stop on a few occassions, the medical lady tutted and moaned bec I was going fast enough for her. She wrote I refused to do the tests she wanted me to do, I carried a bag, I was smartly dressed and only wrote 1 medication down that I was on not the 3 that I take which I told her about. I knew because of the mood she was in the report wouldnt be good hense the appeal being submitted. I explained to them today I didnt refuse the test, just I couldnt do them, I couldnt bend and touch my toes and all the other things that makes it hard for us who suffer with fribro hard to do. I was not smartly dressed I had joggers and a t-shirt on and my bad was carried over my shoulder, and the medication I was taking at the time. So now I am being penalised AGAIN because my events dont match theirs and to top it off Social didnt even turn up for the hearing today.
My health has gotten worse and now on top of the Fibro I have arthritis in my hands and feet, yet their findings are based on 15 months ago and Im fit for work. WHERE DO I TURN NOW? I am all stressed because none of it makes sense am not a well person and they have added extra stress on me - no wonder I am back at my GP tmw morning - I cant cope any more, all this fight is wearing me out
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Ljames72
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17 Replies
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Ooooo you poor thing. Don't let them beat you, your better than that.
I have read so many bad things about these hearings and I thought they were scary until i read about a fibromyalgia solicitor! Google it and get some free advice. Some give you half an hour some give you an hour. Try to pick one who has a high success rate. Ive been looking into this for myself as Im going through the same at the moment. I also read that fibromyalgia suffers must insist on a home visit for assessment. Get in touch with your GP also, they have a bit of power.
oh so sorry to hear this dont get down hearted they treat us like a load of swindlers in these tribunals, if your not getting the benefit now i would put in a new claim because surely you should be under the circumstances are entitled to dla and esa good luck for tommorrow too, many thoughts go your way from mexx
I was thinking of putting a new claim in for ESA I already get DLA and have since 2008 and it was only last year they awarded me the low care componant and thanks means alot x
Dunno if im allowed to put this.firstly ring shelter thry were amazing .then ring community legal services.p.m for there phone numbers.
They will help you to appeal to upper tribrunal.
Trust me they do all the work and will help you reapply fpr benefits etc.
You will. Get through it with good advice.
Fight fight.and thry were out of line knocking you back.i got great advice also from the forum too.
Rest tonite and reapply for e.s.a tomoz.get a crisis loan in meantime.contact yre council,and even local m.p.
But,do it on a good nites sleep okay. Wrre all here for you.but trust me.x
Dunno if im allowed to put this.firstly ring shelter thry were amazing .then ring community legal services.p.m for there phone numbers.
They will help you to appeal to upper tribrunal.
Trust me they do all the work and will help you reapply fpr benefits etc.
You will. Get through it with good advice.
Fight fight.and thry were out of line knocking you back.i got great advice also from the forum too.
Rest tonite and reapply for e.s.a tomoz.get a crisis loan in meantime.contact yre council,and even local m.p.
But,do it on a good nites sleep okay. Wrre all here for you.but trust me.x
yes i appealed to the upper tribunal in july not heard a word back since hope you get treated better as sammy says get a good nites sleep and fight on good luck xxxxx
So sorry they are so unfair and the stress make the pain worse doesn't it. I know shelter are really helpful. Hope the GP goes ok xxx
Bi LJames72
Yes I agree with what everything has been said. appeal, appeal & appeal again se ha e to figbt these people with all our worth.
I'm waiting my appeal hearing. When I went for my assessment I brought with me my box of medications. Most of them are strong & side effects cause drowseyness but still I got nil points. I took the letter to my own GP who was appauled & said I must appeal. At leSt I have they're support & hope it will carry some weight.
I know how bad it can be hun. I never got ESA either, no points awarded after being on Incapapcity for around 20 years, and then lost my tribunal too. I ended up claiming carers allowance for my daughter with a top up of income support so they cannot make me work. I know I could noot actually go out and do a days work, or I would if I could. The tribunal itself is an awful thing to go through. You can claim ESA again because the 6 month deadline has passed for you. And even on reduced rate it means they have to pay you xxxxx
Just wondered how that would work, bec while my appeal was waiting to be heard they carried on paying me ESA. So does that mean I have to wait 6 months before I can apply again for it? or would their decission which backs the decission made 15months ago mean I could claim again now? xx
Right as far as I know you can claim ESA again whilst awaiting the appeal outcome. But again you would be paid at the reduced rate. So you can keep getting the reduced rate until your appeal is heard, which saves having to reclaim it. If your decision is not over turned and it goes to tribunal then they will continue paying the basic rate until the tribunal makes its judgement. If your conditions worsens then you do not have to wait the six months before applying ofr ESA again. But if your condition remains the same from the date of the first decision then you would have to wait 6 months. In your case it has been 15 months so if you lose your case you would be able to claim again and can show your health has worsened(which by your post it has as did mine). As far as I know this is correct but if I have messed up somewhere along the way I am sure someone will help oiut and help me toget it right. I would keep on with your current payments until your tribunal goes one way or the other. But apparently these rules willbe changed in April 2013 so that anyone refused ESA that appeals will only be allowed to claim JSA. All very complicated and just another example of the government ri[ping off genuine claimants. Get your tribunal out of the way first and then seek help from the CAB or welfare rights on your next step. Baby steps hun is the way to go xxxxx
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