ESA appeal trun down ~ what next???

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ESA appeal trun down ~ what next???

Postby san229 » Tue Mar 06, 2012 11:29 pm

Hi
I am new to the forum and the condition as well. I was diganoised with Fibro/CFS in December three years after the symptoms started to appeared. I had been on ESA for a year as the fatigue/chronic pain/fibro fog/depression had taken its toll on me. My Dr had originally put down the reason for me not be able to attend work as depression and chronic pain due to arthritis of my knees (a diagnosis made several years ago which I still managed to work with)

Anyway to cut a long story short I went for a medical in August 10 and the Dr I saw spent about twenty minutes with me, spent most of that time sorting out my tablets and writing them down. Asked me a few questions did a peek flow test asked to see my hands palms down and palms up and that was that. Three weeks later I was told I was fit for work.

I went to a Tribunal and was made to feel like I had down something wrong. I was questioned for over an hour which by the end of I was physically and mentally exhausted. Only to be told that I had been turned down again. I was not allowed to talk about the fact that my condition is getting progressivly worse or in fact that I had been given a diagnosis. There are many things I was able to do seven months ago that I cannot do now but that was not taken into account.

I am at my witts end, I have worked for the last twenty four years since I left school I have never asked for any help before but now when I need it I am turned down. Trust me if I could be back I work I would, it would be a lot better that the existance I have for a life now........

Any help or advice would be greatly appreciated :-? :cry: :-x :-x
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Re: ESA appeal trun down ~ what next???

Postby Ldyalb » Tue Mar 06, 2012 11:53 pm

When was your tribunal? You can appeal their decision so all may not yet be lost. If you are now feeling worse and have an actual diagnosis then you may wish to re-apply. I'm not sure how long you have to wait before you can re-apply but if you go and see the CAB, DIAL or Welfare Rights, or any similar organisations in your area then they should be able to advise you of your options.

Have you applied for DLA? It's worth thinking about, most do get turned down first time but 50% are then awarded at appeal. As it can take a while if you meet the eligibility criteria then I'd advise you to apply, the sooner you apply the sooner you can get some money if you do get given an award. CAB et al can also advise you on this too.

It's the same with DLA and ESA in that the appeal has to consider how you were at the time of the application. It doesn't matter if you've since been diagnosed with different things, or have become significantly worse - if you want that factoring in you would need to re-apply. I see the reasoning behind it in that the appeal is there to decide if the original decision was wrong, but equally I think a bit more flexibility would be wise. Especially as appeals can often be quite a bit later and things can change drastically in that time. They're able to cope with people becoming significantly better, but not significantly worse. Convenient for the DWP that one!
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TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

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Re: ESA appeal trun down ~ what next???

Postby Carole » Wed Mar 07, 2012 1:33 am

I would definitely appeal and I did watch a program once on TV where a single parent was being investigated for fruad and her benefits were suspended and she made a new application straight away ....so if she could in that situation you definitely can ...nothing ventured nothing gained as they say ...and all they can say is no you can`t, so then you will definitely know and apply for DLA asap too and get help from a welfare rights group too as they do have a better success rate at getting it first time. They try to wear you down so you`ll give up but with help you will be able to do it ..Go for it!!!
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Re: ESA appeal trun down ~ what next???

Postby animalhouse » Wed Mar 07, 2012 4:52 am

i would appeal and apply for dla as it is the luck of the draw but we keep having to chip away at it and some get lucky.

i was turned down at tribunal for dla so i am appealing to upper tier, original appeal took so long i reapplied saying my condition was worse adn also am due to reapply in may as my 2 years are up for the lrc i was originally awarded.

it is a full time job and can be mentally draiining but i just keep having a break from thinking about it fora couple of weeks then get stuck in again.

good luck and take care try not to let the stress get to you and have a rest first before you battl eon again.
:-) :-) :-)
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Re: ESA appeal trun down ~ what next???

Postby newey » Thu Mar 08, 2012 1:19 pm

I have also just had medical and failed been told I'm fit for work so waitin on appeal forms and get it started I am so scared about it its the first time iv had 2 do any of this I also worked long hours and loved me job which I got made redundant from due 2 illness I am so worried about money now as esa has been stopped my sick note runs till may I dunno wot 2 do or anythin iv already got rent arreas from redundancy and worried I'm gonna get evicted I'm tryin 2 get on2 cab aswel I just wanna cry all the time but its me iv always been the strong one in the family
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Re: ESA appeal trun down ~ what next???

Postby ROSE123 » Wed Mar 21, 2012 5:04 pm

I have had the same thing worried about money now my appeal was turned down. I also have loads of health issues besides fibro I have problems with breathing and I will most likely end up on oxygen I don't know where to turn have been in contact with the cab but no one is helping me I have phoned twice and each time some one is supposed to phone me back. My husband is so angry he has made an appointment with the MP who just happens to be timpson for next week. may be I should just give up , I feel so let down I have worked all my life and paid in now when i need help where is it ???????
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Re: ESA appeal trun down ~ what next???

Postby MCT » Thu Mar 22, 2012 3:57 pm

newey wrote:I have also just had medical and failed been told I'm fit for work so waitin on appeal forms and get it started I am so scared about it its the first time iv had 2 do any of this I also worked long hours and loved me job which I got made redundant from due 2 illness I am so worried about money now as esa has been stopped my sick note runs till may I dunno wot 2 do or anythin iv already got rent arreas from redundancy and worried I'm gonna get evicted I'm tryin 2 get on2 cab aswel I just wanna cry all the time but its me iv always been the strong one in the family



I put some information I found about appealing ESA on the forum - it's now a sticky at the top of the Board viewtopic.php?f=11&t=12541
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