Can anyone give advice if I have to appeal and go to tribunal?

[teecayc]

I'm not quite at that stage yet but my ESA's been stopped so I've written off and asked if they can look again and change the decision. I've been in this situation before but the case got dropped without me knowing because nobody was doing anything about it.This is my 2nd claim.

[Sue2803]

Do you know, this makes me really mad, we are all ill, to varying degrees. We are not asking for the world, just the benefit that is our right.

We should not have to fight like we have to do, its almost inhuman to treat genuine people like this. Then you see others who are obviously trying to pull a fast get away with god knows what.

Sorry for rant, but really fed up with all the stories of people having to go through hell just to get what they are entitled to.

[teecayc in reply to Sue2803]

Yes, it's really not fair if we're not entitled to ESA, or so they say! What exactly are we entitled to? We just have to strive and live on tuppence. They really have no idea.. Or they're just plain ignorant to it.

[lulu22]

i am about to go from sick pay to ESA, and not looking forward to it, the last time i ended up giving up and going back to work, this was before i knew anything about me having Lupus, i am determined to stick it out this time, as i have gone downhill pretty fast this time, i hope you get some answers this time Teecayc, its not a good place to be in, and i totally know how you feel. it certainly is inhuman to be treated as we do, we shouldn't have to be put through these ordeals, why do they not just look at our medical records from consultans etc, i just don't understand the logic from which they work these things out, they treat every claimant the same, and it all comes down to ridiculous things like bending over and touching their toes, to walking 50m. its outrageous!Be strong and fight back!!

[janiceray in reply to lulu22]

Lulu

What is ESA I am retired and don't have a clue about sick pay

but world like to know as it might help me help some one

Thanks

Jan

[Smiler1 in reply to janiceray]

ESA is Employment & Support Allowance (I just looked it up) :0)

[teecayc in reply to lulu22]

Thank you. No it's not a good place to be in, as if feeling like we do wasn't bad enough already! I've sent countless letters from my consultant and the doctor but to no avail. I totally agree with it being ridiculous how they score you. Of course most of the time I can touch my toes but they don't see when people can't get out of bed and the simplest things feel like mission impossible. I will definitely be fighting back. I hope you manage to do a bit better with your claim.

[loopylady]

Hi Teecayc,

My advice would be having been through applying for ESA recently, take a look at the 'Benefits at Work' website, it really gave me a lot of help with completing my questionnaire but also goes into detail about appealing and tribunal as well.

Hope it helps,

Loopylady x

[teecayc in reply to loopylady]

Thank you, I'll definitely take a look x

[NiksB]

Hi i went to the assessment and they stopped my disabililty living alllowance and sent me to job seekers they couldnt find me a job because i couldnt do 16hrs work, then i was signed off sick so i asked them to reconsider their desicion and they came back and said no so im now going to tribunal and im terrificed this can take up to 6 months this started back in October so this has been hanging over our heads that long.

I am stressed about contacting peoplle and asking for letters about me i find it really difficult to face this situation that i now have to sit in front of 2 doctors and a lawyer and discuss personal things and i find it difficult to face any of this, i just wish it would go away and i didnt have to face confrontation they dont seem to understand that its not just a phsyical illness it mental aswell.

So sorry about the rant so far ive been told to get letters about how the illness affects you, and talk to anyone who will support you like CAB etc and dont take it personaly its the assesses job to send you back to work and its the tribunal job to look through doctors eyes and work out if you need help or not and there probably is another process if you dont make this round.

I decided to continue because the only other option is to not claim and then they have one less person to look after and they have won so dont give them the chance stay strong, we are all going to go through this process in 2013 anyway unless you are under16 or over 65. This whole process will probably change again so bare with it if you can. Good luck....

[teecayc in reply to NiksB]

Sorry it's putting you through such a rough time. I totally get how it stresses you out. They've made so so many cock-ups with my claims, it really is unbelievable. There must be so many people like us they're doing it to. And yes it mentally wears you down. Do you know when your actual tribunal is? I think I'm going to make an appointment with CAB if or should I say when they say they're not going to change the decision. I'm not sure what they'd say to me work wise as I only do 6 hours a week now.. Cut down many times! Guess all there is to do is hope! Good luck to you too.

[Hidden]

Hi

I am going through this process myself at the moment. Changing from Incapacity benefit to ESA.

I have been in touch with my local welfare rights which you should be able to contact through your local council office they are very supportive as they know how the system works. I have also contacted my local MP sending them an email explaining my condition/ situation and spoken to their office, to be honest they have been very helpful aswell.

It is all related to medical evidence and gathering it together to fight your case and this can be what holds you up, so contact your GP and Consultants as soon as possible as it can take a few months as they are so busy but do this in writing so that you can take copies and can chase it up. Also photocopy everything for receive from DWP, Doc etc for your information and any contact to DWP take notes of who you spoke to, times, dates etc.

Hope this helps good luck i hope we all get what we deserve.......

[teecayc in reply to Hidden]

That's interesting, my boyfriend actually suggested getting in contact with the local MP but I didn't think it would do any good.. So definitely going to give this a go.

I've already sent so many letters as evidence I do honestly feel bad for asking them all the time. I haven't had a flare for a while so doing a lot better than I was.. Which may not go in my favour.. But it's the fatigue and doing things at my own pace which is the problem.. How do you explain that on medical terms? Even people close don't understand this at the best of times :/.

I started writing every single little thing down a while ago as I was just running around in circles, nobody that I spoke to seemed to know what was going on!

Thank you for your advice and good luck to you too.

[Paty]

teecaye,

Approach your council and ask if they have a welfare officer,he/she will help you with a tribunal (free of charge)

It goes to show that not enough people are aware of the effect our illness has on us. Good Luck,sending a hug your way

[teecayc in reply to Paty]

Thank you paty

I have an appointment with the local MP tomorrow so going to see how that goes. Fingers crossed!

[kulie13]

If you look at pages 17-26 of this document:

direct.gov.uk/prod_consum_d...

you will see the points that you have to score for ESA. You need 15 points to pass. Try and have a look through and see where you need to focus your efforts for your appeal. Welfare rights advisers can definitely help steer you through this as it is complicated. As long as you are backed up by medical evidence, they should be looking to see whether you can reliably and repeatedly undertake a task, not just do it once and then retire to bed or suffer from increased pain.

[teecayc in reply to kulie13]

thank you for the link.. And sorry only just replying to this, I must have missed it! I've since seen citizens advice again and she has pointed out what questions I could gain points on that apply to me. it's much easier when someone explains it properly for you. She has sent a letter off for me to the Tribunal office so hopefully it will help with the appeal!