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Baffled. IB - ESA fail. Fresh claim - fail.

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9 years 1 month ago #130687 by RedRed
Replied by RedRed on topic Baffled. IB - ESA fail. Fresh claim - fail.
Hi Gordon,
Yes, I want to make a formal complaint about the panel at my recent appeal hearing. I'm getting help to appeal to the upper tribunal next week and was thinking about making a formal complaint at the same time. I was going to ask them, but I've asked here too. :)
Yes, I do feel their approach compromised their decision. I won't go into detail but it felt like they wasted the entire time on one or two areas, and when they asked a question, they interrupted and didn't let me finish. So by the end, I didn't feel I had talked about my condition or how it affects me at all. Plus I was so tired from not having slept, I was stumbling on my words anyway, which they took full advantage of.
I have years of experience with IB and DLA and have a reasonable expectation of the conduct of the panel and how it should go. This was nothing like a fair hearing. I have brought it to the attention of my MP and next, I want to make sure it goes through the right channels so that it doesn't happen again to anyone.

I didn't even click on the Shelter link. Good prompt, thank you. I've been to see my council, they said they're not obliged to house anybody no matter what their illness or disability, they said look online. But I'll look at your link.

A well earned break first. Just enjoying my first bit of peace of mind in ages. Thank you!

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8 years 11 months ago #134867 by RedRed
Replied by RedRed on topic Baffled. IB - ESA fail. Fresh claim - fail.
Unbelievably, being pushed to the edge by the DWP and facing eviction isn't enough to pass ESA. I knew this from B&W emails, that men are more likely to pass when pushed to the edge, but not women. So me too, they failed me, because female. They did however accept my fresh claim, after various people telling me various things about when I might make one. They do seem to make up their rules as they go along. Then they messed up their admin, lost vital documents, and tried to pay me twice for the same period. Good thing I caught it, because with their admin not up to date, not difficult to see what I'd have been accused of... :(

So, back to the beginning for me again. Nearly 2 years now. Another ESA50. Some 'transfer'. I feel in such despair, I hardly feel like bothering. Feels like it doesn't matter what I put, they're going to automatically fail me. I need to post the ESA50 by the end of the week and I can't motivate myself to even pick it up. I didn't think I would see April, so I know I should be grateful I made it and I'm still here, and I should just pick up a pen and get it over with. But I do feel what's the point. :'( I have fibromyalgia. I have no chance.

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8 years 11 months ago #134873 by Gordon
Replied by Gordon on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Looking at your profile you only joined the site in late February so I assume that you did not complete your original ESA50 (for the transfer) using our guides, they explain in detail what the ESA criteria are, how to explain your conditions in relation to these and gives worked examples so you can see how you might reply. Have a look at

www.benefitsandwork.co.uk/help-for-claimants/esa1

It can be difficult to get ESA for Fibromyalgia but it is certainly not impossible and we have lots of members who have been successful, maybe if one is online they can post about their experience.

Please try not to give up, ultimately the only person who will lose is you. :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedRed

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8 years 11 months ago #134875 by RedRed
Replied by RedRed on topic Baffled. IB - ESA fail. Fresh claim - fail.
Hi Gordon,

Thank you. Think I needed to talk and also have a cry. Helped. :) I had a nose round while I was waiting and found a PDF link to the ESA50 form, so I have made a start at least.

You would be right to assume I didn't use your guides before. In 2013, I went to my advice centre as I have done for many years now for IB and DLA, and got their help. It was nowhere near as detailed as your guides, which I am finding overwhelming, if I am honest, I don't know if others feel the same? I have hypermobility and fibromyalgia together, which makes a complicated condition more complex, from what I gather. Certainly no fun to live with. I would greatly appreciate any support or guidance from fellow members. :)

Don't know what it is, I am usually such a strong, stoic person, but now the floodgates have opened... oh dear! The form is due at the end of the month, so I still have a little time to waste to indulge my feelings, but not too much.

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8 years 11 months ago #134876 by Gordon
Replied by Gordon on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Break the task down into smaller chunks.

For example you could answer one question then take a break or write a basic answer to each question may be in groups of two of three if you are struggling, then when you have done all of them, go back and start again by adding more detail, repeat until you think you have included everything you want to, just remember to take regular breaks from it so that it does not seem like you are climbing a mountain.

If you run out of space on the form your can add extra pages, just remember to include your full name an NI Number on each page, a link to the page on the form and link from the form on the page and finally make sure each page is clearly numbered so it is easy to spot if one is missing, something like "page X of Y" will do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedRed

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8 years 11 months ago #134878 by sarahjane
Replied by sarahjane on topic Baffled. IB - ESA fail. Fresh claim - fail.
RedRed

Im in SG of Esa with Fibromyalga, and also get HRM on DLA, Gordon is Right break it down into chunks, or I sat with a friend who filled mine in and we logged on the sheet that the did it and I got my ESA renewed without a medical, stick at it.
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