ESA APPEAL HELP

I was looking for some advice from fellow Lupus patients. I've had Lupus since 2010 and I've been on ESA since 2012 as until that time I was in college. Over time my kidney function has gotten a lot worse, it's jumped down 40% in 1 year and now I'm at 15% function and now my doctors are getting involved with Fistula operation to start Dialysis.

To ESA and DWP, I am fit for work. Even though my doctor and Dialysis nurse don't want me to because I am physical unwell. I put a reconsideration in to appeal the decision finding me fit for work and in their words "My recent Kidney Failure is irrelevant". They are saying my function is under control and no life-threatening. I'm sorry but what part of Kidney failure isn't life threatening? One of my organs isn't working and I need to help.

I'm taking the decision to an appeal court and I was wondering if anyone has been through the same thing? Has any advice? I just want to get my health on track and this isn't helping.

4 Replies

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  • Hi not had this but know people that have and expecting the same thing myself. A Facebook page called fightback (they also have a webpage) might be able to help with advice or even going to court depending upon the area that you live. They are non profit and work on donations for the work they do to help.

    Get as much evidence as you can from the hospital and take it to court with you and try getting an advocate to go with you. Hope all goes well, good luck.

    Helen

  • Try and get in touch with your local Welfare Rights Officer. They will support you at the tribunal and check over your application

    Good luck

  • Hi There

    Yes I went through this last year and really feel for you as I remember the stress and the impact that was having on my health. The ESA procedure really is insulting sometimes and I remember being described as fit or work and receiving 0 points by a physio who I don't think had much idea about my complex conditions and the effect they had on my life and I was in disbelief.

    Anyway I went through the appeal process and won and was put in the support group. I represented myself which wasn't as daunting as I thought it would be, the good thing is that there is a doctor on the panel and so someone who really will have the medical knowledge to understand. I had prepared my argument to take in with me but actually had in my mind all that I wanted to say prior and so didn't really need it. I also sent in just about every medical letter I had prior to the hearing so the panel had everything in front of them, even though they are sent everything by the DWP the amount of paperwork can be huge so I wanted to make sure they had the important bits.

    The panel were really nice to me, they are independent of the DWP and certainly in my case there to be fair.

    I wrote to my MP prior to this and I know my letter was forwarded to Iain Duncan Smiths office not that it helped with the decision but I think it just maybe helped to show how angry I was and the letters were held on file for the hearing. If you have a sympathetic MP they may intervene for you?

    Good luck and do ask any questions that you have prior to the hearing.

    Take Care

    Jenny

  • Hi,

    You need to look at the website benefitsandwork.co.uk and that website tells you everything you need to know about benefits.

    There is a guide on there which tells you how to appeal and what to write etc. You also need to make copies of any hospital letters you have from your consultants that back up what you are saying you have wrong. So then you can send them off with your appeal.

    Basically your providing them with as much evidence as you can that backs up what you say you have wrong. You also need to write in your appeal and describe how it affects you from day to day, but think back to your worst day of pain and write like that is what it's like everyday for you.

    But this website holds valuable information and they ask for a membership of about £20, but it really helps you to complete the forms that they send you and they also tell you what they watch for in assessments, it's a shocking read I can tell you but it will be the best £20 you'll ever spend.

    Good luck and I hope this helps.

    Xxx

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