ESA Appeal

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E S A. Appeal

Postby Monty » Sun Sep 08, 2013 11:25 pm

My appeal for ESA is tomorrow, after waiting 16 months. My question being, does anyone with fibromyalgia ever win there appeal.
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Re: E S A. Appeal

Postby linda3719 » Mon Sep 09, 2013 8:21 am

Hi there. Yes I won my appeal at the end of August. I was so nervous but the panel were so nice and put me at ease.

Good luck, and hope it goes well for you

x :-D :-D :-D :-D

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Re: E S A. Appeal

Postby Pete » Mon Sep 09, 2013 8:22 am

H Monty

Monty wrote:My appeal for ESA is tomorrow, after waiting 16 months. My question being, does anyone with fibromyalgia ever win there appeal.


The simple answer is yes just explain to the appeal all your medical issues and fully explain all your limitations you have and have you got a adviser from the Citizens Advice to help you?
Anyway i hope all goes well and good luck and let us know the outcome :-)
Pete :-D :-D
A Good Laugh A Day Can take Your Pain Away :D
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Re: E S A. Appeal

Postby Lemonzest2012 » Mon Sep 09, 2013 8:29 am

I won mine on fibro on the 10th of july, good luck
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Re: E S A. Appeal

Postby clubsound4 » Mon Sep 09, 2013 4:15 pm

hi, I also won mine last October :-D after a 9 month wait, I was sooooo nervous but sat quietly and patiently and discussed a few things, it helps if you have the full back up of your gp and any other person you see ie consultants, I really wish you all the luck in the world and please let us know how you got on,soft hugs :-)
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ESA Appeal

Postby Monty » Mon Sep 09, 2013 11:03 pm

I have been reading posts on this forum with interest, especially concerning appeals. I had my medical on 1/5/12 and ATOS passed me fit for work. I appealed the decision and my appeal is to be heard on 9/10/13. At the time of my medical I had been diagnosed with osteoarthritis, amongst other illnesses. but for many years I had been to my GP on numerous occasions struggling with everyday life. I was never examined but was always told inflamed osteoarthritis and given diclofenic. Then I relocated and my new GP suspected Fibromyalgia, Rheumatology confirmed this and stated that I have had Fibromyalgia for 17 yrs and stated this in there report. diagnoses was made in Dec 2012. Now I have been reading on here that its best to have as much medical evidence as possible but tribunal only listen to evidence up to the time of your medical, I have forwarded all my reports to DWP and tribunal but would it be acknowledged because obviously dated after my medical? So has anyone else been in this situation or does anyone know where I stand in this.
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Re: E S A. Appeal

Postby Monty » Mon Sep 09, 2013 11:11 pm

Thank you for taking the time to reply everyone. Well I went for my appeal and feel foolish in having to say that when I arrived at the venue only to be told I had arrived a month too early. my appeal is on 9/10/2013
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Re: ESA Appeal

Postby Lyndesay » Mon Sep 09, 2013 11:32 pm

I went for my medical last dec due to depression, declared fit by them and appealed it. As this was going on I was going back and fourth to my GP with severe pains etc. After 5 months of tests I was diagnosed with fibro. A few weeks back I got word that the appeal decision remained the same and decided to go to an oral hearing. What I have been told is that they will not acknowledge any other diagnosis after the date you applied for esa. They are only concerned with the original circumstances. This seems very confusing as you will have to go and answers questions but viously not be able to talk about present matters. Don't know how long I will wait for the oral but I am trying to bring someone along with me. It is terrible what people have to go through to get what they are entitled to. Seek advice from citizens advice and hopefully they can help. Good luck.
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Re: ESA Appeal

Postby Monty » Tue Sep 10, 2013 12:05 am

Thank you for your reply Lyndesay, I thought that might be the case. Even though I put in all the symptoms I was suffering with in the forms and told the nurse at my medical, my pain etc of fibro was not believed because it did not coincide with the symptoms of osteoarthritis, but I did have fibro at the time It was just not diagnosed. It just seems so unfair that people are telling the truth but could lose there appeals just because they were not diagnosed. My rheumatologist has actually put in her report that I have had Fibro for 17 yrs ( I did not know how long, I just knew it to be yrs) and they might not even read it or evidence from the pain clinic.
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Re: ESA Appeal

Postby HelpingHand » Tue Sep 10, 2013 6:37 pm

They can take into account new recent evidence if it relates to something before your decision date and it's clear that that's the case.

If, for example, your decision date was 1st July 2012 and you submitted a doctors report dated 1st January 2013 that said "From 1st January 2013, Mr Bloggs has been suffering from A, B and C." then they would not be able to take A, B or C into account.

If, though, your decision date was 1st July 2012 and you submitted a doctors report dated 1st January 2013 that said "Mr Bloggs suffers from A, B and C. C is more recent, however, although A and B is more recently diagnosed, Mr Bloggs has been suffering from these symptoms since 1st February 2010" then they would be able to take A and B into account. Just because its only recently been given a name doesn't mean you haven't had it for a while.

I hope what I've said makes sense and the examples are easy to understand. Just make sure it's clear that you've had these problems since before your decision date and it says that in the evidence you've submitted.

Hope this helps.

HH x
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Re: ESA Appeal

Postby Monty » Tue Sep 10, 2013 8:31 pm

Thank you HelpingHand. I fully understood your reply thanks. I had put all my symptoms in my claim form which DWP sent me when they were changing to ESA. My rheumatologist & Nurse at the pain clinic both stated in there reports that I have had Fibromyalgia for 17 yrs & I gather they got the time limit on how bad my Fibro is. My medical was 1/5/12 and diagnosis was made 21/12/12. I had never heard of Fibro until my new GP examined me and mentioned it, whereas my previous docs never examined me and always said my osteoarthritis was inflamed, so I had wrongly stated my fibro symptoms as osteoarthritis. Originally I did think that my reports on fibro should be seen as evidence because as you say just because I did not have the name for it I did at the time have fibro.
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Re: ESA Appeal

Postby Monty » Wed Oct 09, 2013 8:55 pm

I had my E.S.A. appeal at the tribunal today, and my appeal was allowed.
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Re: E S A. Appeal

Postby Monty » Wed Oct 09, 2013 8:58 pm

My E.S.A. appeal was heard at the tribunal this afternoon, and my appeal was allowed, so I won.
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Re: E S A. Appeal

Postby denys » Wed Oct 09, 2013 11:35 pm

Glad to hear you won Monty, I have just noticed you posted on 2 boards back in September so am going to merge the 2 together with the replies to avoid confusion. Sorry it should have been done at the time of posting but I missed it :shock: :shock: :shock:
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