I have my esa appeal january 25th was wondering if there is any advice any fm suffers that have been through the esa appeal can give me,

[titianpatz]

Can anyone point in the right direction of any support networks that can help me with my esa appeal,

[Hidden]

Hello there Titian, if you email us on [e-mail] we can send you the info sheets for free from Benefits and Work on ESA and DLA. This includes info on appeals etc.

Also hopefully there will be some information on appeals here for you -

dwp.gov.uk/publications/spe...

(((hug))) xxx

Libs

[titianpatz]

Thank you so much xxx

[Hidden in reply to titianpatz]

My pleasure, happy to help any time!

Wishing you all the very best!

xxx

[grumpyoldwoman]

Hi hun

I had mine back on October and failed it-knew by the 2nd question what way it was going. A few pointers for your appeal.

Dont sit there the whole time without moving about.(they take notice of the time you sit down til leaving)

be careful of the chair they give you to sit in, when i questioned why i failed i received letter from the appeals board stating could move heavy chair without assistance-they obv know its a heavy chair so why use it? to catch us out.

dont forget that they will only consider your illness at the time of filling in the work capability form-any new medication you have been prescribed is irrelevant and if your illness has worsened as had mine-they wont entertain that.

They will try to trip up everything you say-they will ask do you have a fav program - no because if you do then you can sit and watch tv so in their heads you can work.

Dont take out lots of papers-then you can concentrate and use your arms and hands-if you need notes have them all on one side of a sheet of paper.

If you have problems with your hands or shoulder and complain about holding your hands up - they will ask you how you combed your hair last.

Try to give very short answers -dont waffle on because they will pick up on anything you say and twist it to suit themselves. Just give straight to the point answers.

And lastly you dont have a duvet set on your bed. If you say you do they want to know how you change it. just say you have 2 duvets and you alternate and a friend washes them- if you say you do-you can carry something as heavy as a wet duvet.

Best wishes hun I know it will be hard to think with the fibro fog but just be careful of any answers they can jump on. lets know how you get on

luv n hugs

grumpyoldwoman

[titianpatz in reply to grumpyoldwoman]

thanks for the advise much appreciated

[Hidden]

Get all medical evidence your GP has on you & copies of what else they may have from other places ie hospital reports etc.

Evidence is key.

Get yourself someone who knows the system & will go with you on the day. Get someone from a CAB or a Welfare Rights Officer. They help take the pressure of you however, it is a hard worrying time.

Good luck & best wishes

Jackie xx

[linlit]

do u have a partner or freind who can go with u someone to move chairs handle papperwork ect cab people in my area dont go to tribunrals . i had my tribunral last month and i found the people helpful and no trick questions and awarded me my appeal very quickly i suppose it depends on who the people holding the tribunal are

[titianpatz]

the thing is i signed off the sick a few weeks after i was told i was not eligible for the esa. However still continued with the appeal. Reason being I became self employed around my condition. I receive disability tax credits disability council tax benefit and housing benefit. I am fighting to be elgible for esa as I believe that having this will mean i can keep the other benefits i receive to help me whilst I try to work. My employers know I have fibromyalgia I only work about 10 hands on hours a week however I declare 16 hrs as i do all my admin, research, networking, travelling myself. I have suffered with fm since 1999 and this is the second time I have been self employed with the condition its hard but at least if im not up to it i can call my employers change my days or time and cos i get the extra help with housing im not thrown into poverty if I dont work. Also i went to cab who blatently told me they couldnt help cos i didnt look sick and could on just sitting down the advisor said she could see i had no problems mobilsing therefore she would not be able to assist with the tribunal..

As a nurse I was taught that pain is what the person says it is and pain is a disability, therefore the fact that we sufferers are judged by how we look and that we look able is to my belief is that its discrimination and the real fact is the system is not set up for invisible illnesses and does not understand how pain affects the person as it is subjective. The forms are oppressive and demonic and the problem is not us but the system. Its daunting as I am working now this will probably go against me. My gp is great and is in awe the fact that I have always tried to work around the condition because of this she supports me to the max as my gp says most people with chronic pain do not work and do things therapeutic to enhance their life as suffering with pain is bad enough.

My mom will come with me to the appeal, she has in the past had to collect and look after my daughter who is now 11 from school when I have been in a flare up so when needs be is my carer and supporter also my daughter who when I am fatigued or flared up cooks for me and sprays and massages my back with ointment.

[titianpatz]

Hi to all on the forum just to update. My appeal was held yesterday the 25th of Jan 2013, which I won. The judge overturned the decision made on the 25th April 2012. And I am allwoed the work-realted activity component of esa. The tribunal found that I was eligible for 12 points in total. However the tribunial was satisfied that there would be substantial risk to my health if i were not found to have limited capacity for work. This is because of suffering long standing with fm and the fact that I am able to remain reasonably well by pacing mself. If found capapcle of work I would have to undertake tasks that may be likely to flare up the condition that would be likely to incapacitate me for several days at a time. This conclusion was supported by the evidence of steps I had taken to undertake very modest self employment at a level I can cope with.

Victory was mine and I continue pacing myself with my self employment.

Thank you for all the support and advice and comments from all the bloggers on the forum

One love

Titian xxx