Yet another incap/esa refusal!

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Yet another incap/esa refusal!

Postby catalady » Mon Dec 19, 2011 4:07 pm

Hello everyone, I am new here..I just found the site after surfing the net to find info. As so many of you I have just had a letter to say that I am no longer going to get Incap.Benefit/ESA...I have been on Incapacity Benefit for 21 years through Fibromyalgia and its associated symptoms and Chronic Fatigue, and after 45 minutes with a Physiotherapist it seems that I have had a miraculous recovery. I asked for a copy of the report the 'qualified person' had done and to be honest I think that I must have a split personality and sent my 'other' self to the medical...this other person even took a handbag with them...which I certainly did not! I cannot believe how she has trivialised the tiredness associated with Fibromyalgia and the main symptom of CFS. I was apparently well dressed..I wore a track suit! I could lift both arms above my head with no problem...totally untrue. I refused to bend down to touch my toes ( Yea right!) when she actually asked me if I could do it without causing too much pai and I said no, so she said ok. I sat for 32 minutes with no problem apparently, thats very convenient when the suggested time to be able to sit is 30 minutes, and I was very uncomfortable and in pain and wriggling in my seat anyway. I looked ok, yet mum said to me before I went that I looked tired, oh how personal opinion changes from one person to another.
There were so many discrepancies it really reads like a fictional novel....and I am sooooooooo frustrated.

I would love to go to work, and earn a decent wage and make friends...goodness knows I have very few being at home on my own all day but I know that I cannot do this. I was a qualified nurse before I got FMS and wonder if the Government/DWP really think that I would 'choose' to give up a job I studied to get a qualification for and thoroughly enjoyed so that I could sit on my own often, struggling for money with not a great deal to look forward to?!

I have rung my local Council Advice Centre and asked for help with starting the appeal process but already this whole thing is causing me stress and keeping me awake at night, and the Advice centre tells me the Tribunals are taking a year to take place at the moment. I already have high blood pressure, goodness knows what it'll be by then...if I survive that long. I have made light of this but I am absolutely distraught about all this to be honest and I don't know how I am going to cope, either financially or with the extra stress and hence physical problems this will cause . I live on my own and have a half ownership house and do not see that I will be able to afford to stay here, so I may lose my home too...incidentally my DLA claim was also turned down 6 weeks ago and I am waiting for a tribunal for that too, so I am also losing that money after 3 years. If I have to sell my house I will get offered a poxy council flat, eventually, so will have to rehome my 18 year old cat too no doubt...oh how rosey does my future look.
Right now I really do feel desperate and cannot see much future and am having to try and control some very black thoughts I am having. I just needed to vent and I know that there are lots of other people on here who have been or are going through exactly the same experience so I know you will understand how I am feeling.

On that note I want to wish everyone a happy Christmas and hope that justice prevails for all of us very soon
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Re: Yet another incap/esa refusal!

Postby fliss » Mon Dec 19, 2011 4:48 pm

may i just say u may not have friends that call at ur house everyday but u have friends on here(me being one)i dont know u or ever met u but we hav a few big things in common we both hav fm and both havin to fight for the little pitence of money the goverment dont want to pay us.i also 10yrs ish ago worked in hospitals pinderfields to be exact and without a disgnosis i struggled on with work nearly killin myself some days,until i couldnt do it anymore so settled for a job in macdonalds but to my disappointment iv had to be on sick since march but at least my doc has finally diagnosed me with fm among other things,i too hav been refused dla 3 times and expect this time also,im in the first 13wks of gettin esa and dont suppose they will put me in the support group.what these examiner/physio people dont understand is that we are still human and going from havin full health and fitness to well i dont even call it a life more of an existance,do they really think people would make up bein in agony day after day dreadin waking up as we dont know what type of day we are having,or like me iv just got my xmas present a wheelchair never thought that it would happen but at least now the family that iv got left (after all the nonbelievers have left)can actually take me shopping and on days out again all at the age of 32.id quite happily swap these people my life just for an hr and let them see how they liked it,anyway sorry for rantin what i wanted to say is im a friend if you want and understand what ur goin through,now chins up for both of us and carry on as this is all we can do xxxxxxx :hugs:
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Re: Yet another incap/esa refusal!

Postby Robwelder » Mon Dec 19, 2011 4:51 pm

I had to stand up for a while during my examination due to a muscle spasm in my lower back yet on the refusal letter it said that I could stand or sit for more than an hour. :-x I sent the appeal letter off two weeks ago but stil haven't heard anything. This whole process needs to be reviewed by the government, it's ridiculous.
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Re: Yet another incap/esa refusal!

Postby catalady » Mon Dec 19, 2011 7:34 pm

Thanks for your reply Fliss, it means a lot to know there are other people out there who feel just the same even if we can't do anything for each other just being able to talk to someone who really understands helps somehow.
Rob, I wouldn't expect to hear anything for a while yet, they don't seem to hurry with these things, though after 2 weeks you'd think they could have at least sent you an acknowledgment letter!
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Re: Yet another incap/esa refusal!

Postby denys » Mon Dec 19, 2011 7:48 pm

Catalady so sorry to hear you are having to go through all of this, so many members are getting the same results as yourself and it must be stark staringly obvious to any sane person that the whole process is pants :crazy: :crazy: :crazy: :crazy: :crazy: :crazy: :crazy: :crazy:

Wishing you, fliss, rob and any others going through it the very best of luck and gentle :grouphug: :grouphug:
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Re: Yet another incap/esa refusal!

Postby FluppyPuffy » Mon Dec 19, 2011 9:46 pm

:wave: :wave: catalady and :welcome:

Sorry you've joined the ranks of the appealees :grouphug: :grouphug:

Have you told the DWP you will be appealing or put it in writing?? Just wondering as it has been mentioned on here very recently that they need it in writing that you will be appealing before they will reinstate payments due while you are waiting for your appeal to come thru. You've done the right thing in contacting CAB as well as asking for copies of of everything relating to your claim.

As for advising claimants about the status of appeals, they don't do anything like that unfortunately. I sent me appeal in at the end of October, with it being received by them on 2nd Nov. I only know as I sent it recorded delivery so I could track it. I've heard nothing from them at all, and only found out that it had been sent for reconsideration a week or so after it had been received, even tho I had clearly stated I didn't want a reconsideration as it had been bounced around between advisers and decision makers for a couple of months before I was informed of my fate :-x :-x :-x I also found out that my assessment report was a great work of fiction when I went for my WFI with an advisor who was equally confused as to why I was there as there is no chance of an imminent, miraculous recovery for me in the next 3-6 months :facepalm: :facepalm: :facepalm:

Hopefully now you're not alone, those dark thoughts will be a little less ominous for you :fingerscrossed: :fingerscrossed: There's usually someone not too far away, even if it's just to offer :grouphug: :grouphug: :grouphug:
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Re: Yet another incap/esa refusal!

Postby catalady » Mon Dec 19, 2011 10:04 pm

Hi Fluppypuppy, thanks for your reply. The JC rang to tell me the outcome of my medical and I told them over the phone that I would be appealing so they have sent me a copy of the report from the so called 'qualified medical' person ( not really being cynical!!) and a form to appeal in writing. The chap I spoke to today from the Derby Advice centre told me that whilst the appeal is waiting to be heard I would be put onto the lower rate of esa which will be considerably less than my incap. benefit. he said they are taking over a year for each case to be heard at the moment as there are twice as many people appealing as the Government had expected. I just feel so powerless and frustrated...I do wonder,cynically,if they are stringing the appeals out though hoping that some people will be forced to drop out and just get a job ( though where anyone finds a job just like that nowadays I don't know!) as they are so desperatley short of money .
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Re: Yet another incap/esa refusal!

Postby FluppyPuffy » Mon Dec 19, 2011 10:49 pm

I don't know where we would find suitable employment either, as we'd all need a very special type of employer who would be able to accommodate the many many things we would need to work for them :facepalm: :facepalm: :facepalm: I'm not sure if they are dragging things out in the hope that people will lose heart and give up, I do know tho that the system is very flawed, which is why us and the many thousands of others are going thru the appeal process :facepalm: :facepalm: If a proper assessment by a medical professional who has a decent understanding of various conditions was carried out and all truthful info submitted instead of the fantasies they claim we say, then we may have a better chance of things going thru without the need for all the appeals that have been generated :facepalm: :facepalm: :facepalm:

But then again, that would involve using something like a bit of sense, which doesn't seem to be something needed to work for DWP :facepalm: :facepalm: :facepalm: I know you've said about feeling powerless and frustrated at the moment, but hopefully things will put right in a lot shorter time than you've been told :fingerscrossed: :fingerscrossed:
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Re: Yet another incap/esa refusal!

Postby BlueBerry » Tue Dec 20, 2011 12:26 am

Hey catalady

I think all us who going thought appeals at this time and be christmas know how frustion mind blowly stupid the atso is god I can remember my medical and the lies and lies and even more lies they put in there so call report.

This govement the Torys have got worse they seem to be cutting left right all around but the disabled are get it worse. Sign I am dreading my appeal, I worry day by day about money and a appeal for what !!!!!

We are ill we don't need to have this stress I feel like since I been going thought this madness I have got worse with my ill health I got up to 7 things wrong with me now and now I got 2 sugerys yes 2 in the new years which I am dreading.

Hopefully in New year you may get the power back on your side and tell atso and dwp where to stick it :girl_moon:

I cross my fingures for new year and wish you all a merry christmas and may atso burn in hell ahhh Humbug not sort in christmas spirt but hey ho lol :xmasdance1: :snowing1: :elfsnaowball: :snowhappy: :xmastree1: :rudolph: :santchimney1:
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Re: Yet another incap/esa refusal!

Postby Woodentop » Wed Dec 21, 2011 12:37 pm

I have just read these posts after receiving my appointment for a medical assessment for ESA this morning. I am dreading it! When the chap phoned the other day to say I would have to have one I almost wished him a Merry Christmas but thought he might think I was being sarcastic ( me sarcastic-never!!). They actually wanted me to go on 3rd Jan but I'm going out that day so had to ask for another appointment( of course I didn't mention I was going out - God forbid that I might try to have some sort of social life). When I filled in the form I tried to emphasise that sometimes it isn't about the activity I am doing that causes me problems -it's the after effects. How I would love to be able to work and earn a decent wage but I don't know of any employer who would take me on, on the basis of work one day have three days off! I have been on IB for a few years now and was hoping they'd leave me alone as I'll be 60 in 2014 and should have reached state pension age if the government hadn't moved the goal posts. I really need the money, as little as it is. Am trying hard not to let it spoil Christmas, but it's always there in the back of my mind.
Despite all the problems I want to say Merry Christmas to everyone on here and let's hope for better things next year. :hohoho1: :snowing1:

ps This may have been mentioned elsewhere on this site, but am I right in thinking that we can ask for a medical person with knowledge of fibro to carry out our medicals and not just any tom,dick or harry?
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Re: Yet another incap/esa refusal!

Postby FluppyPuffy » Wed Dec 21, 2011 12:59 pm

I don't think you can ask for a person with specific knowledge of your conditions/disabilities Woodentop, well that was what I was told when I had the call to let me know I was due to enter the HellMouth, but I was told they will have an "understanding" of your problems. Not than I'm inclined to believe what spews out of their orifices these days :twisted: :twisted: :twisted:

Hope it all goes smoothly for you :facepalm: :facepalm:
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Re: Yet another incap/esa refusal!

Postby catalady » Wed Dec 21, 2011 1:07 pm

A post script to my original post about my incap/esa refusal...I had my DLA claim refused a couple of months ago too and I asked them to look at it again and reconsider the decision. I received the judgement on that this morning too...they are sticking to their original decision , even though I have been getting it for the past 3 years, based on my form responses....and the results of ' an examination carried out by a health care professional for esa'!!!!! How convenient that the medical happened at this time for them, and how is that they cannot communicate with my own Dr who has known me 20 years and IS a rheumatology specialist, but would rather take the word of a Physiotherapist who met me for 45 minutes and made me feel very uncomfortable ?!
So, I now have to ask for that to be taken to a Tribunal too. I have only known all this info for a week and already my health is suffering from the stress. And to top it all...my TV has gone wrong this morning :(
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Re: Yet another incap/esa refusal!

Postby Ldyalb » Wed Dec 21, 2011 1:19 pm

Also waiting to be sent for my medical. Need to check what dates my Mum is available as I need her to drive me there and to accompany me. Every time Dad says there's post for me (Christmas cards) I jump, thinking the letter is finally here to summon me. I sent my ESA50 a month ago.

Catalady - it's madness. I'm doing my DLA form atm and am expecting to be turned down on the basis of a 'medical' for ESA which I will probably have received before they've finished processing my form. Eurgh, it's so wrong!
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Re: Yet another incap/esa refusal!

Postby Woodentop » Wed Dec 21, 2011 1:29 pm

Just thought I'd add this. If you have a copy of the latest Fibromyalgia mag Jan 2012( family mag as was) take a look at page 8 on benefit tips. Makes interesting reading for those of us going for medicals for ESA and DLA. And I've just noticed that it says we should be assessed by a doctor for fibro, not a nurse. If they use a nurse it could make the medical null and void.
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Re: Yet another incap/esa refusal!

Postby sharon28 » Wed Dec 21, 2011 1:35 pm

Hi there,

Please excuse me for butting in. I have just commenced ESA and am waiting for the questionaire form and what seems to be........the dreaded medical. I'm a little confused though.

I'm still employed but can't get SSP, hence the ESA. I know i will not be returning to work. At what point do i hand my notice in? Do i wait to be dismissed? Can i then claim more than one benefit? ie DLA. I find all this a bit confusing.

Many thanks,

Sharon xx :cup1:
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