Has anyone been to a tribunal with regards claiming ESA due to PBC and RA?

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15 replies

    conniefused
    conniefused

    Hi, i have not been to a tribunal with regards to ESA, but today I had a letter telling me I have not been awarded DLA.....I am unable to walk very far, I have weak muscles, arthralgia (joint pain) which is constant, I have muscle waste in legs and upper arms..this is just some of my symptoms and I have 3 autoimmune conditions running against each other...Hashimotos thyroiditis, PBC and AIH; I am not going to appeal because I will still get turned down..it seems to me the genuine ones get turned down or messed about....I wish one of those who make the decisions on our cases had what we have..they would think twice.

    I applied for DLA because my consultant said I should..also a bus pass but because I have been turned down for the DLA, I don't think I will get that either..it's just a viscious circle...

    xxconniefused

    macR
    macR

    thanks for your reply. I have applied for DLA was turned down and am waiting to go to tribunial for that aswell. It is really bad that when you have genuine conditions you have to fight for help which adds to your stress and illness. I really don't understand how some people get financial assistance and some get nothing so unfair.

    dense
    dense

    apparently you have to be an alchoholic drug addict or a self harmer all are self inflicted and they get everything but those who get illnesses inflicted on them through no choice of their own get zilch

    exy21
    exy21

    I and others I know were refused dla but when we got ourselves a citizen advice person to fill out the forms, they know exactly what to write, we were given it. When you fill out you have to say your worst day, not that you have good days.

    zipitydoo
    zipitydoo

    Appeal. I did and they sent one of their doctors out to see me. The result of his visit was I was awarded High rate mobility.
    Dont give up.

    catherine69
    catherine69

    Hi macR
    Ive been to a tribrunal for ESA, Ive got pbc and residual pain from a spinal condition, I won my appeal and I do believe it was mainly due to the pbc, I also get low care (I think thats what its called, its the lowest amount you can get) of DLA.(actaully during my appeal one of the panel stated that I should apply for mobility!!)
    If your going to an appeal I would advice you to get as much info regarding pbc as possible, I also got my self a welfare work, the worker completed the paper work but at the appeal she did not contribute, only spoke to ask if I understood questions or to put a question asked of me in a manner I understood.
    Hope this is of help and feel free to ask me anything :)

    Cherry17
    Cherry17

    Hi there..felt i needed to reply to hopefully make things seem a tad more positive and hopefully encourage you to stick with what at times seem like a losing battle against the governments 'brick wall'.

    I was diagnosed with the early stages of PBC in March 2011, I applied for ESA in the June'11 and had my medical beginning of Oct'11....shock horror (lol) I failed totally with 'nil' points and at the time I knew nothing about the ESA system and just assumed that was it and was not going to appeal but after doing some research I realised that it was what the 'Gov system' wanted you to do and is what thousands (unfortunatly missing out on what they are entitled too :( ) have done as after your 4week appeal notice you lose your rights so to say to challenge their decision and you are then back to square one and need a 6 month waiting period before you can re-apply for ESA if they are the same symptoms you applied for initially ie PBC (but say for example another unrelated health issue happens then u can apply for ESA straight away.....altho pls don't take my word for that as I am not 100% certain).

    So after so much confusion and uncertaintly I put my appeal in 2days before my 4weeks were up......I continued to receive my 'basic in the process of my appeal' rate of ESA and my medical sick notes (pls note that until you have been officially been awarded ESA you still need to send in sick notes to cover otherwise all payments stop) and recieved alot of official legal paperwork ie 'The Secretary of State Response' stating their evidence and their decision against me......you will also receive letters asking if you and/or representative will be attending the appeal date for which I strongly recommend you that you tick yes.

    I then got my appeal date 6 May'12, I made my way to the courts by myself (which i worried would like the medical go against me) but inside the court I faced 2 ladies, 1 a medical/specialised doctors the other the Judge.....I was asked many questions and once finished was asked to wait outside whilst they came to a decision.....10mins later and I was awarded 'work-focused' ESA,,,,,,RESULT :)

    But the cherry on the cake was my back-dated ESA payments which after all the hassle/worry/confusion/heartache etc has now made it worth it.....I do hope this gives you some encouragement and if I can be of any more help pls ask.......otherwise I wish you well in what may seem at this moment like a huge minefield xxx

    Jtxx
    Jtxx

    I know that next year they are changing from DLA to PIP (Personal Independance Payment). I read about it somewhere on this site (think it might have been peridiot?) Info for frequently asked questions:-

    www.dwp.gov.uk/docs/persona...

    I am sure it says that anyone who already has DLA will still have to go through this new system and will not automatically be transferred over.

    They were looking for input from organisations for the consultation period leading up to launching this new benefit so I emailed Collette and Robert from the PBC Foundation to get in touch with the government. I thought that maybe if they could explain and make the powers at be more aware of the condition, on our behalf, it might make it easier for those who truly need the benefits, to claim.

    Will just have to wait and see. Hope this is of some help. x

    Dinny
    Dinny

    Hi, I have not applied for ESA or DLA since ive been diagnosed with PBC as I thought it would be a waste of time, I had breast cancer and applied and was turned down, at the time of application I did not know if I would survive the breast cancer or not, but I was too traumatised to appeal, it seems to me if you are a genuine claimant you can't get it, but if you know how to play the system you do get it, this is completely wrong, you should be able to state your disease and have a doctor confirm your diagnosis, once this has been done you should be awarded the payments, you should not have to jump throgh hoops and go through appeals!

    catherine69
    catherine69

    jtxx, thats great you asked the foundation to look into this,
    macR with regards to ESA after my appeal which I won, I was placed in the support group

    macR
    macR

    Well done on winning your appeal i am waiting for date to go to tribunal. Such struggle trying to survive on basic benefits when you have genuine medical conditions that make everyday life so hard and stressfull. I struggle to do walk and do everyday tasks my RA leaves me in daily pain and am so tired and so sick of this unfair sysyem. I also have PBC along with other medical issues. Not easy my problem am far too honest.

    catherine69
    catherine69

    macR
    I pray you win your case, if you do and fingers crossed that you are successful, when you get the money backdated make sure you enquire about rent and council tax, my husband and I were both on sickness benefit, during the appeal process which took I think just over the year, we paid a small amount to rent and council tax, however, when I won my appeal, due to my money being increased it meant we were due to pay more, as I got the money backdated I was expected to pay the increased amount for this period, Unfortunatley I was not informed of this untill several weeks after I received the back dated monies, I will be honest by this time most of it had been spent, if I had been aware of this it would have been the first thing that I would have did with the money, this resulted in me being in arrears with both rent and council tax. I dont know your circumstances but just wanted to pre warn you.

    macR
    macR

    thank you for making me aware of that, as always they give with one hand and take with the other! Just have to wait for a date it was supposed to be May but still waiting. Got hospital this month for PBC they not able to help with letter to support me as they say my RA is my worst condition. Fighting this alone is very hard but I am helped along by CAB but could do with moral support too.

    catherine69
    catherine69

    macR
    I called the pbc foundation and explained about the tribrunal, I received a very good letter detailing all about pbc,what it is, symptom and how it can make a person feel on a daily basis as well as the leflets, I included this letter in my appeal papers, if youve already sent appeal papers away you can send other information, think this must be done one week prior to tribrunal but check that out incase its 2 weeks and Ive got it wrong.

    macR
    macR

    thank you so very much for letting me know that I will ring them tomorrow. Really can't thank you enough.

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