Some of you may recall my one and a half year long appeal with the DWP. I am very pleased to inform you all that I had my tribunal hearing on Wednesday. The meeting was done and dusted in 5 min. The judge raised my case from the initial 0 points (the nurse awarded me in the initial medical) to the support group. This means that he has ordered the DWP to give me peace to recover from my many ailments for the next two years and to re-instate the benefits that they took away from me just before Xmas and pay me back everything that they owe me for over a year.
I am indebted to my MP, a local charity called Snap Cymru, my GP, a Welfare Officer and you guys for all your support. As my Welfare Officer stated..it is a shame that the only organization who refused to support my case was St Thomas' hospital..but luckily the Judge could see I had integrity and a resilience to see this whole process through based on the fact that I was given a completely unjust initial medical and that I was an unreliable candidate for a future employer with my many symptoms. During the last year or so I have waned and fought, I have proven to myself that I have a new found resilience that even I did not know that I was capable of. I have learn't a lot of new things as a consequence of this process and have made some lovely contacts. I now know who is on my side and who would be prepared to let me rot (so to say) and I'm sure you can imagine that I was extremely surprised to be reduced to tears by my Dr at St Thomas when he phoned me at home over this matter. According to him I have a mild case of Hughes, that may be the case, but I did loose 6 potential babies as a consequence of this illness and the tablets that he prescribed me and his promise that they would turn me into a "new Woman" were unfounded as I am still suffering exactly as I did before I saw this Doctor. I will not let this experience prevent me from asking for expert advice at St Thomas in the future but it has left me with a bad taste in my mouth, so to say.
I have been celebrating over the last two days by putting our heating on, a privilege I could not afford over winter because my benefit was cut completely.
I am of course delighted with the incredible outcome ! I will take this opportunity to recover from the strain of the last year or so with great impunity. It is terrible how I have paid for the DWP's grave errors, and have been treated with complete discontent by them. But I am glad to say that the Judge in Swansea has restored my faith in receiving a fair hearing at least..thank you all so much for all your support. In life we need a little patience, a little resilience and a lot of faith in ourselves, this was my recipe for success
Written by
Rhian21
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Congratulations for remaining so resolute in the face of such galling adversity. I am happy that you've had such a brilliant ruling in your favour, and as SueLovett says, this ultimately benefits every single one of us. I remain puzzled as to why Hughes Syndrome is not on the list of diseases / conditions which in its extreme form entitles the unfortunate sufferer to automatic disability status without any quibbling. Hopefully, in 2015 we might have a change of Govt, and these awful policies which amount to an insidious form of genocide on the disabled might be turned around. We largely accept our suffering, but we should be allowed to do it in dignity, not penury!! Take care Rhian21.
The DWP when I was off for 5 months from I was not entitled to any help even though I was recovering from a stroke and was unable to work,my heating bill my heating bill was high because I felt cold and could not maintain my own bodies heat. My memory has has been hampered greatly and I forget stuff all the time. I sat with a friend for two hours filling in form though my friend had to fill them in as I lost the use of my left side and im left handed. What a waste of time and paper to be told when your dragging yoy foot in a office that you not disabled to get help. Glad you had a judge who told the DWP to give you back what you need to live on. Shows with the DWP when you tell the truth and depend on that benefit to live you have it taken away, but a liar and a cheat who don't need the money gets it thrown at them,leaving the real benefit claimer out in the cold and struggling. Think that judge should sit at every APS case we could get a better out come.
Ps if you ring up your heating supplier and say you have a long term illness they do help you, if you have a power cut or lose heating where you live you will be the first to have heating back and will never have your heating cut off due to a large bill.
Karen if you can muster up the strength I agree with APsnotFab that you may consider an appeal, could you perhaps get a charity organization to maybe contact a Welfare Officer on your behalf. my MP was a lot of support and my GP who has known me for a considerable length of time and is more familiar with my diverse symptoms than anyone, was also very supportive..I appreciate the strain you are under.
Thank you everyone for your kind words. I have had my ESA reinstated. DLA is another matter..I have been refused that. To be honest on reflection I think I would have done a better job of filling in my DLA form than the CAB did. From now on I am not relying on any-one to fill anything in for me..I go it alone. Yes the truth prevailed for me...I was determined to get the point across that I am well some days and bedridden on other days. I have been photographed walking to a bus stop during this appeal, but this did not worry me as I was only prepared to win this case based on the truth, so I had already written on the report that I could do this sometimes. Of course they never take photo's of me ill in bed with no energy and muscles too fatigued to even take a step out of bed to get to my tablets !!!!!!
I am now going to appeal for the DLA I have been refused..I feel empowered to have another shot at it... xxxx
Im back at work now and earning enough to live on. But the time I was struggling the DWP were less than helpful. APS should been as a disability as it effects suffers in different ways, just need a officer to see that.
I had my working tax credits and child tax credits off me while I was in hospital suffering a stroke at the time and working tax department said I needed to tell them of changes, told then I had to remember who I was before making changes and they didnt listen at first until I asked to talk with the department manager, he gave me both working tax and cild tax credits back I explained why I missed the update deadline and why changes had not been made. His wife has MS and understood APS about poor memory. Very nice chap.
I am delighted that you have had this success but appalled at the conditions you have had to endure.
May I take the opportunity to mention, again, benefitsandwork.co.uk/ who can be an enormous help for those in the UK with benefit issues. I am sure they would be interested in your experience and result. They do feedback into the system all they can about injustices in the hope that the penny might one day drop and result in positive changes to the legislation.
I am especially heartened by the judge ordering DWP to leave you alone for a few years, I hadn't been aware of that option but it is one that is needed as DWP can be particularly vindictive when it doesn't go their way.
Very well done, I hope life gets much better as a result.
I'm currently waiting for my date for appeal . I had to give up work 1 year ago and it has been diagnosed with stress and depression and I get 4 weekly sick notes which I send in . Got zero points at my medial .
I've just joined this forum and I'm suffering with nearly all the symptoms . Anxiety , concentration problems ... No hope in the world .... Heavy debilitating periods .
I have been advised not to mention any other medical problems at my appeal as my original claim is for stress and depression but I have been searching for answers to why I'm always down in the dumps ... Fatigue ...
I'm at the beginning of this road and feel so isolated . I'm 37 worked all my life but struggled in work the last few years and finally a new manager came and made me crack ! Resulting in leaving me a nervous wreck and a pay off after HR investigated and me signing a gagging contract
My question to you is do I mention these in my appeal which I will attend ? I have no proof and due to my lack of concentration and organisational skills . Feel a little out of my depth .
I was tested borderline APS after 3 confirmed miscarriages 13 years ago and have struggled for years , I'm at the beginning of trying to find out if all this is linked ?
Jo Jo take a look at this site, blacktrianglecampaign.org/2...Andrewthecarer told me about it, you'l find a draft letter there that your doctor could consider signing for you. I sent it in as new evidence right at the end of my year and half wait for my tribunal. The judge said he couldn't base decision on any new information but he did consider this letter when making his verdict, worth a try. I personally would stress how you weren't able to concentrate on your work due to fatigue, which in turn made you depressed as you were not able to perform competently..that sounds perfectly fair to me I wonder if you had your MC's when you were working and whether these also affected your mood at work. Are you still trying for babies? if so the anxiety involved with a future pregnancy could dampen your capability to work well in the near future as you concentrate your efforts on a new pregnancy. In my experience the diverse symptoms of APS make me an unreliable candidate for a future employer as I cannot guarantee how I will feel on any particular day until it arrives, don't you agree
Well done on your win, I am in Aust, it took me 3 yrs after my 1st stroke, and for me to have a 2nd stroke before i could get disability, I also had to go to MP and was finally given it for migraine and depression, not for stroke or APS, they make us prove we are fighters, we are strong and keep on keeping on
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