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ESA Tribunal & Fibromyalgia

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8 years 6 months ago - 8 years 6 months ago #142550 by marnot
ESA Tribunal & Fibromyalgia was created by marnot
Hello

I'm waiting for my ESA tribunal and was wondering if anyone has any advice or information about fibromyalgia to help support my case.

I was recently diagnosed with fibro, depression, anxiety and stress. I also have diverticular disease which often flares up. I am living with chronic pain and tiredness. Yesterday I was diagnosed with pleurisy which is very painful. I am also waiting for a scan to look at my ovarian cyst.

I wonder what my chances are as I find a lot of people dont understand how bad fibromyalgia is and am wondering if anyone else has won their tribunal with the same condition and if they have any advice.

Thank you in advance
Last edit: 8 years 6 months ago by slugsta.

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8 years 6 months ago #142558 by slugsta
Replied by slugsta on topic ESA Tribunal & Fibromyalgia
Hi Marnot,

Don't forget that it is the limitations relating to your conditions that will entitle you to ESA, not your specific diagnoses. You might need to emphasise the reliably and safely aspects of the descriptors. We certainly have members with fibro who have made successful claims for both ESA and PIP.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #142575 by JediCP
Replied by JediCP on topic ESA Tribunal & Fibromyalgia
Question, are you aware of anyone with fibro being successful with Enhanced Mobility?

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8 years 6 months ago #142604 by Gordon
Replied by Gordon on topic ESA Tribunal & Fibromyalgia

JediCP wrote: Question, are you aware of anyone with fibro being successful with Enhanced Mobility?


To be honest I don't really pay much attention to the conditions that members have as it is the limitations that result that is tested. Perhaps other members would like to comment.

To get Enhanced Mobility on just the Moving Around activity you will need to show that you cannot reliably stand and then walk more than 20m on the majority of days.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 6 months ago #142640 by Jas10
Replied by Jas10 on topic ESA Tribunal & Fibromyalgia
Hi Marnot,

Not sure if this will help but I started the process for PIP tribunal. I have Fibromyalgia, depression and anxiety, IBS and possible sleep aponea and I am affected daily. I originally scored 6 points for DL and 4 for mobility.

DWP called me yesterday following receipt of my appeal from HMCTS and have awarded me standard DL and have said if I can provide supporting evidence (haven't had anything to send yet as still waiting on appointments) about how bad my getting around is they will look at the mobility bit again.

in the ATOS report the HP said I did not appear chronically fatigued at assessment, had good memory and focus, did not appear chronically depressed and did not appear to have chronic anxiety at assessment. In the appeal I explained 'that many people like me with Fibromyalgia do not exhibit outward physical signs of pain and fatigue and yet have severe limitations on their ability to use their limbs because of the degree of fatigue and pain they experience. The HP has looked solely at what she considers to be impairment without taking into account the degree to which I am disabled by my condition'

If it gets to a panel just explain how all of your conditions affect you and how the descriptors apply to your circumstances. Hopefully someone with fibro who has been through the actual ESA appeal will have more advice for you

Good luck with it, my SSP runs out next month so ESA will be next on the agenda for me too
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8 years 6 months ago #142677 by killbot99
Replied by killbot99 on topic ESA Tribunal & Fibromyalgia
Hi

I have Fibro, I also have hypermobility syndrome, IBS, Depression, anxiety and osteoarthritis. I am in the support group for ESA and 7 years ago I got higher rate mobility and low rate care for DLA. How I shall fare under PIP remains to be seen.

As has been said it is very important when you claim to go into as much detail as possible about hoe your conditions affect you. Two people can have exactly the same diagnosis as each other but how they are affected may be very different. Many people find keeping a diary useful in the run up to making claim. Fibro is a fluctuating condition and so you get bad and not so bad days.

When I claimed for ESA twice I didn't have a face to face, they used my ESA50 to make a decision. I went into great detail about how my conditions affect me, what I can and can't do, how my medication makes me feel, what I have tried and found useful or not. If you receive any help and what form that helps takes, what aids, if any you use. Having a diagnosis is helpful but it is how your condition limits you that the DWP are interested in. It also really helps if you have any medical letters or reports to back up your claim. Good luck.
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