esa refused again so now its the tribunals has any one else been in this situation

[charmaineholmes]

had esa refused again so now on to a tribunal hearing but it could take up to 40 weeks before a hearing date how mad is that ! it says i can have a representative will doctors do this or do i need to get someone like a solicitor .

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How come so many people get turned down for esa? I should hear about my claim tomoz and im really not holding up much hope! X

[Alexandria in reply to Hidden]

Agree with all Jinny says. The refusal of ESA is the Govt playing the numbers game. The more people they refuse the more money the save. They aslo rely on people who need the ESA being so stressed by the process that they give up and suffer in silence. I fought the DWP twice and regained my ESA after 32 years at work and lost it in April and I was on contribution based ESA which you lose after a year. I understand that you can only go on it again if you have worked again - not likely for most people with Lupus?Fibro, I have both. I was helped by the CAB to claim DLA they are great. Just stay strong and don't give up. Take Care.

[Jinny]

Hi Charmaine,,i have just replied here then somehow the post is gone now!!i try again...

Don't give in,,as soon as you can get an appointment at the CAB,,they have specialised people there that can acompany you to the court/tribunal!!

I am waiting to do the same with my DLA,,i wait everyday for the letter to come to tell me what day i have to be in court!

I started this claim last November and if i win it will be back dated to then,,the dwp want us to back down and make it as hard as can be for us,,the genuine ones like ourselves suffer,,,why should we!!!!

I was awarded ESA a few months back,,was then called for the medical and saw an examiner who understood lupus,, and also my Fibro,,i was lucky,,infact she even said to me,,i have no intention of asking you to do the physical exercises as i have no intention of causing you any more pain,,,,the point to me telling you this and others out there,,,,,is that there are good understand ones!!

Tell the CAB ,everything,,they will assist you and like i said can acompany you to the tribunal...don't give in hun,,i won't with out a good fight!

Good luck and be sure to let us know how you go on when the time arises

(((hugs))) x

[fabwheelie]

The link in this blog from earlier this year are useful as it gives info on what you score points for lupusuk.healthunlocked.com/...

fatigue and pain should be taken into account in counting if you can do a task Also if you can not do the task for "most of the time" it should count as not being able to do it

try to fit what you can & can't do to the ESA50 form "descriptors"/what you would actually score "points" for as best you can, and try get your GP and any consultants on your side to back up with a letter re how Lupus affects you - you can use this as "evidence" re what you can & can't do

This link is also usefull as it explains how Lupus UK can help with supporting letter lupusuk.healthunlocked.com/...

As well as CAB try to see if your local council social services have a welfare rights officer who would help you and be willing to act as your representative - my Drs refered me to such a person and their help was really useful to me

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Update I got turned down for esa today x

[charmaineholmes]

thanks for all your comments i am going to fight it all the way and i hope you will mrs beardo also .