ESA appeal on Monday I`m dreading it

Everyday living
1
  • Hi

It seems like an age since I was last on here, is`nt it funny how time does seem to fly past the older you get, except for the school summer holidays which just dddrrrraaaaggggg on forever, screaming kids out the front, arguments, attempting to prise keyboards and xbox controls off sons and persuading them to get some fresh air…eek I have turned into my mum lol. anyway sorry went drifting off there concentration is total rubbish at the mo, so howdy to all the new people and regards to those I knew before.

Back to the subject I decided to appeal my ESA because I felt that I shouldnt be in the WRAG group and its been kind dragging on , the second reviewer felt there were no grounds to change the original descion ![crying3|35x35](http://www.mssociety.org.uk/sites/all/libraries/ckeditor/plugins/smiley/images/crying3.png)so I decided to take it to appeal anyway last night at god knows what hour, suddenly remembered the B+W website and rejoined..............by the way I would wholeheartedley recommend joining because it helps you to understand the reasoning behind these bloody forms so my ESA appeal is on the 27/01/14 and I have a second Esa form to send back before the 28th...........is it worth mentioning that Im appealing the original decision on the second one and now I have scared the living daylights out of myself having read all about the appeal courtesey of B+W I honestly didnt realise they could atchally stop your ESA if they felt you were`nt eligible. Has anybody on here gone to appeal, if so is it going to be as bad as I think, or is it just all the crazy frogs jumping about between my ears

Ok this is my second attempt at posting a post, I lost the last one it must be floating in the ether of the internet.

Goodnight All

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Oh Scrappy,

I do know how you feel hun (have my DLA tribunal next week). I’ve never been to one before, but I have spoken to a friend who has, and she has put my mind at rest a little.

For her, the setup was in a small room and the people talking to her were on the other side of the table, so it was nowhere near as formal as a court setting. The people that were asking her questions were also very nice and tried to put her at her ease.

Just have a read through your application before you go, and be yourself. It may be worth looking up Exceptional Circumstances Regulations 29 & 35:-

"However, the Exceptional Circumstances Regulations may cover us – they both state that the claimant should be found incapable of work (Regulation 29 for ongoing ESA claims, 29 for Universal Credit) or work-related activity (Regulation 35 for ongoing ESA claims, 31 for Universal Credit) if:

  • they have an uncontrolled or uncontrollable illness, or “the claimant suffers from some specific disease or bodily or mental disablement and

  • by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work/work-related activity”."

I shall be crossing my fingers for you, so pleaselet us know how you get on.

Mags :slight_smile: xx

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I attended many appeals when I was a Trustee and everyone I went to received a maximum award. I am not saying it was me that got them a higher award; far from it. I think because I was introduced to the board as a ‘Trustee of the MS Society’ it gave a certain gravitas that you mean business.

Unfortunately I was told off for doing this but you will see below the DIAL address who I believe will attend; very important someone goes with you.

The DLS website has free advice on appeals and all manner of topics.

You can appeal by ringing 0800 882200; you will then receive all the correspondence from your doctors so will see who is to blame. It is invariable your Neuro or GP who are being scarce with the truth: the DLA assessor can only go on what’s in front of them. Sorry to say ATOSers are now involved they seem to be reading from a different hymn book.

The answers below are occurrences doctors would not know about. It is far better to attend a hearing but you can ask for one in your home (bit self destructive if your not badly affected) or a reconsideration (bit pointless as they have already made a decision).

At the appeal there are 3 people asking questions, a doctor, solicitor and social services agent. Don’t worry there usually very nice and make you feel at home.

Just a few ideas of the way you should answer the questions.

While hobbling along the High Street I keep near to the shops. This aids me in two ways; I am less likely to fall into the road and I can stop and look in shop windows to get a rest. I can testify that Ann Summers has the best window display, lol.

To get High Rate you must show you need help during the night. Say something like, “I get up 2/3/4 times per night to go to the toilet, sometimes to no avail.” “My wife has to accompany me; this takes about 45 minutes each time and obviously breaks her sleep.” “It’s amazing just knowing she is there gives me so much confidence.” “She has to accompany me because once I fell over and slept where I lay that night, good job it was the middle of summer and warm.”

Contact DIAL http://www.dialuk.info/ who will come around your house and help with the forms. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.

The hearing lasts about 20 minutes and then you are asked to go to another room. Another 20 minutes and then you are asked back in and told the result. It is very important to have someone attend with you.

If you can walk 40 yards but are dizzy or in pain after 1 yard the answer to their question is you can’t walk.

Simple rule ‘don’t say one word when 100 will do’ in other words explain in detail. Always quote your worst; they appreciate MS is a variable condition but don’t you say it. Be very careful though as there are some mistakes you could make like do not say you’re housebound as that begs the question why do you need the mobility component? Say “I would like to go out more if I could afford to” The examples are that examples if they are not true don’t use them.

Good luck

G

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Good luck for Monday.

It is scary to think about, but I reeeeeaaallyy hope it isnt so bad and that the decision gets turned the right way for you.

Try to get some rest over the weekend and sleep welll my lovely!

Good luck to you too, Mags, for when your`s comes up.

Looking forward to reading you are both successful.

much luv Pollxx

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Aw, thank you Poll. :slight_smile: xx

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Hiya! I know this sucks I just won mine last Friday ESA for the support group and all I had was 5 different letters from my neuro and doctor saying I can’t work.

I had no representatives to go with just my dad and I won it in 2 mins!

Just remember that they do these to find the bad eggs out there as they would either cancel an appeal or not do it because they would loose their money or get in trouble.

The job center try and bully people to believe they are in the wrong like mine for 2 years trying to say my proof wasn’t enough when it clearly was.

Good Luck for monday!

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Thank you everyone for your kind replies, I atchally choked up when I read them, it is so easy to forget that there are people who

can and do understand your fears, I love the analogy about the Ann Summers shop lmao, I know that these rules are in place

to try and protect those that need benefits, and to weed out the scroungers, Thank you so much Benefit Street for painting all those

that claim benefits as just work shy tossers, although I have to confess I do watch this myself and Saints and Scroungers

I also realise that MS is a difficult case to decide and that I really did`nt help myself by being honest and ticking Varies on the

majority of the questions, but I was being honest so ho hum, anyway I shall give it my best shot tomorrow and if it all goes to hell

in a handcart then I know I tried my best, Oh God I hope I don`t start snoring, thats the chronic fatigue talking that would

be so rude wouldnt it or would it she says twirling the ends of a villains moustache and saying Mwah M`wah in a creepy echoing

voice.

Oh and another thing finally got a copy of consultants report and after him dismissing me and him saying No not much change

you just need to live with this the letter atchally talks about a couple of the lesions being slightly larger and evidence of two

new lesions but they did`nt enhance so therefore are not associated with an increase in lesion load !!! and there I was thinking

2 more of something meant that you had 2 more than you had before ie you had two lollipops and heres another two so now you

have four or maybe it is just two in the land of being a consultant, Oh see the dizzying heights we could all climb to if we just learnt

to say the right things, mmmm I can see now where I went wrong if I had just learnt to say things like that to hubby and teenagers,

then clearly my life may have run more smoothly

The very best of luck to you Auntie Mogs I shall have my fingers and toes crossed for you

for Thursday, I`ll let you know how I get on of course be it bad news or good

Take care

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not sure if I am to late to post, if so, good luck for today. If not, I was accepted last week into the support group after appealing. After work terminated my contract, I followed the road to ESA, ATOS veiwed me fit for work and after an appeal finally given WRAG and felt grateful for this. My appt was made to meet an advisor at the jobcentre and he just advised me to appeal again as he thought i should go into the support group, I was swaying a bit in the jobcente as I was just getting over a bad vertigo attack. He started writing the appeal form for me as he thought the new system is unfair and then I completed and sent off the rest. I am undiagnosed from MS, but have other illness’s and they have gradually got worse. So in my appeal envelope I included copies of the letter from DVLA revoking my Driving Licence, letter from Lancs County council confirming what adaptions have been made to my home, letter for Tinnitus Group Therapy and the letter confirming all appointments with Nuero Physio (so if you have any of these take them with you) And then an explanation of what it is like to be me on the worst day I may have. After sending this, I also read on the Gov site that they could take the whole ESA of me and like you panicked. I have never read any of the scripts and reasons behind them making there decisions because it made me confused so I just sent as much evidence as possible and did this between appeals too as they can review at anytime.

xx

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I was thinking of you today Scrappy (lots of positive thoughts), so I do hope you got on ok?

Mags :slight_smile: xx

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Well Im still reeling…just as we were about to set off the Court phoned, hoping they werent too late to advise that the

Judge and Dr had read through everything and had decided to over rule and award the support component…

It also recommends that I am not reassessed for 24 months…

Oh the sheer relief…of not having to appear…I had lined up two extra representatives so managed to contact them

I had`nt realised that this had been going on from the 29/04/13 so theoretically the form I completed and had to be returned

by 28/01/14 should automatically be awarded the support component I hope but here`s hoping…

Many many thanks for the support and posts, it really helped me feel not so alone, MS is a tricky disease as it is and it can

make you feel so isolated and afraid of beaurocracy.

11

That’s wonderful news. Really pleased you’ve got that stress out of the way. Take care. xx

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What a relief, I am so pleased for you!

Here’s hoping that they will leave you in peace for a while now.

Mags :slight_smile: xx

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good news, so glad it worked out.

xxx

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Just caught up with your thread scrappydoo. Just want to say, how pleased I am for you…what a relief it must be :slight_smile:

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Good news for you… although we know it is sort of bitter sweet because you would much rather be well enough to work. The stress is over for a couple of years… My two years are coming to an end, the brown envelope through the door gives me butterflies.

16

Well what a wonderful surprise, so glad for you.

pollx