there is hope ESA

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there is hope ESA

Postby Hudsonwhymsy » Wed Feb 22, 2012 6:20 pm

Just thought i would let everyone know my story.

for 2 years now i have been fighting for ESA i lost 2 years ago and had to re submit a new claim in january of last year.. Apparently atos medical said i was fine there was nothing wrong with me. So i have been fighting ever since. Well today after taking in to Appeal in court and the court asking for all my medical records. I actually got my outcome and the court decided that I WIN.. I am entitled to ESA. ( even though i am already in reciept of DLA atos didnt believe me) it has been a long hard struggle and with several different disabilites ranging from Fybro, Rhuamatiod Artritus, depression and several other problems..

I just wanted people to know that there is hope and that There is some GOOD NEWS amongst all the bad.

I know how hard it is and how it flares up our condition with all the stress, I still think that ATOS medical need to listen to the patient and medical doctors and specialists that we see. They need to realise that they are not a law unto themselves...and that not everyone is out to con them and that most of us are genuine and we shouldnt get penalised for those that arent.


So please dont give up if they turn you down, take it further and ask them to get your medical notes.
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Re: there is hope ESA

Postby shortnsweet54 » Wed Feb 22, 2012 8:49 pm

Hi Hudsonwhymsy,
Many congratulations on winning. Been there myself, put an appeal in on an Atos "nothing wrong with you"!!!!, took over a year, finally won my appeal last October. Now my time is up, they sent a monster form to fill on and they've said i will not automatically get DLA, they are waiting for docs reports. Fair enough, but on my origional AtOS medical...can you get up off the floor unaided? The "doctor" actually watched me crawl across the floor and struggle for a couple of mins to get up with the help of a chair. the fibro had trapped nerves in my elbow leaving me unable to use my right arm. "oh can't you get up, sorry i should have helped you", Was slightly incandescent when the medical score sheet came back with....can you get up off the floor unaided...YES. :evil: .

the whole Atos thing is a total shambles. refer to one of the pages on here about an article in the Guardian.

Good luck and well done.....shouldn't have to be that way though should it?? :nono: xx

Cheers Jan
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Re: there is hope ESA

Postby FluppyPuffy » Wed Feb 22, 2012 9:47 pm

:woot: :woot: :woot: :woot: :woot: :welldone: :welldone: It's always good to hear when someone has been given the right decision :bear-dancing: :bear-dancing: :bear-dancing: :bear-dancing: :bear-dancing:
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Re: there is hope ESA

Postby Ldyalb » Wed Feb 22, 2012 10:02 pm

Well done, really pleased to hear things worked out for you :-D Shame you had to appeal to get it but if nothing else the system will eventually crush under the weight of all those appeals. Honestly if someone was that incompetent in any other job they'd have been fired a long time ago!

Enjoy the sweet taste of victory :wine:
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Re: there is hope ESA

Postby Hudsonwhymsy » Wed Feb 22, 2012 11:50 pm

Thanks guys. It took over 2 years but got there. What got me was every thing I had told the atos doctor about every thing and like you he even saw me and limited movement he didn't log any of it down. Down here it's a case of if you can get to the medical you are fine. Wasn't told that they can actually come to your house to do one... And the other thing is I am already in receipt of DLA. And have been for about 5 years. But that didn't make any difference. My dr and specialists have all told me to put in for a higher rate but couldn't do any thing until this was all over as they might of made a decision on the atos medical. It's so sad that genuine people like us have to suffer there incompitence and be penalised by it.
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Re: there is hope ESA

Postby LauraInWonderland14 » Thu Feb 23, 2012 12:09 am

I'm so happy, I'm expecting that the ATOS interview today will put me in the 'your fine' group. I'm fully prepared to appeal, an as I have all the stuff from my DLA appeal I'm just gonna have to appeal. I'm seeing the ESA personal advisors tomorrow, an I'm gonna just beg for their help. They can't kick me out once I've been invited, right!?! Good luck guys & girls, as always I'm here if anyone wants advice/a chat/to vent etc lol! Xxxxx
Your fighting this horrible illness,this awful system.
You've helped me so much & we've never even met.
Thank you & Stay strong.

Laura x
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Re: there is hope ESA

Postby cherrybee » Thu Feb 23, 2012 1:05 am

good luck laura let us know how it goes :fingerscrossed: :goodluck1:
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Re: there is hope ESA

Postby Daisycherry » Thu Feb 23, 2012 8:17 am

Hi, can anyone help me? I work part time and have dropped to 11 hours a week and am really struggling. Am I entitled to ESA? I don't think I've paid enough national insurance to qualify. Received the DLA form in the post the other day, ended up in tears,so frustrated. Feeling like I'm locked in fibro prison at the moment, pain, no sleep, tearful and worried about such little things. Well done on getting the result u deserve :0) xx
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Re: there is hope ESA

Postby Roseofsharon » Thu Feb 23, 2012 9:37 am

Congratulations Hudsonwhymsy on finally winning!

Good luck laura :fingerscrossed: you get the right decision.

Daisycherry, you can only get ESA once your doctor signs a sick note to say that you are not fit for work. However once you are on ESA you are allowed to work for one year on a job that pays under a certain amount (forget what it was) and under 16hrs a week. Strange I know but that's the DWP for you. If you work for more than a year then you are deemed as being able to hold down a job and therefore kicked off ESA (that's what I was told anyway). If your DLA paperwork is feeling too much for you to cope with on your own, make an appointment with CAB and they will help you to fill out the form.
Good luck with it.
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Re: there is hope ESA

Postby Daisycherry » Thu Feb 23, 2012 5:04 pm

Thank you Rose, that makes sense to me. Am struggling at work big time, think I will give doc a call and see what he says. How great this forum is to make u feel that ur not alone
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Re: there is hope ESA

Postby LauraInWonderland14 » Thu Mar 22, 2012 4:04 pm

Hey guys,
No luck ATOS went rubbish, they put me in the fine group AGAIN!!!

Job centre , I went there and they kicked me out saying that they couldnt help me at all.

Now I've written to my mp, and I am waiting. My ESA gets stopped in april (thanks welfare reform bill)
So I am stuck, poor, in pain and grumpy, But thanks to those who wished me luck, i dont get notified when a reply is posted, sorry xxx
Your fighting this horrible illness,this awful system.
You've helped me so much & we've never even met.
Thank you & Stay strong.

Laura x
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