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Esa- advice needed- my story so far

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13 years 9 months ago #21608 by mist
Replied by mist on topic Re:Esa- advice needed- my story so far
Gareth wrote:

You often hear of the CAB being unable to assist people at appeals so I was wondering if anyone has actually managed to get the CAB to assist them in one?


Used to be one.

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  • PauH
13 years 9 months ago #21609 by PauH
Replied by PauH on topic Re:Esa- advice needed- my story so far
Hi Laura,

What I did when I could not get information from my GP was to write a letter quoting the freedom of information act two weeks later I got all the information they had on my health problems this was good enough for my purposes.

www.ico.gov.uk/for_the_public/topic_specific_guides/health.aspx

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13 years 9 months ago #21614 by sandieleo
Replied by sandieleo on topic Re:Esa- advice needed- my story so far
Hello Lollyred1
I'm really sorry to hear of your troubles. I've had M.E for the last 16 years so know where you are coming from. I don't know if you see a consultant to do with your M.E but if not like Jeff said hopefully your GP can back you up. In my experience with tribunals for DLA (have not been called up for ESA yet, got that fun too come) the tribunal members will be interested in what problems you have during a tripical day so I would keep a diary for a week or so before the tribunal. With my M.E the part of the assessment I would hope to get points for would be the cannot stand for 10 minutes because of muscular weakness and possibility of fainting. Not being able to rise from sitting to standing without help because of postural hypotension and again the possibility of fainting and this gives me the 15 points so hav'nt looked at the rest of the descriptors yet, i'll worry about it when I get the call up.
I know you will be really anxious but please try to chill as much as possible because in my experience the tribunal members will go out of their way to make you relax and will give you the chance to state your case and will actually listen to you.
Go give your boy a hug and remember you are not alone in this, i'll be rooting for you and I'm sure other members will be too. Let us know how you get on.
Good luck
Sue

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  • lollyred1
  • Topic Author
13 years 9 months ago #21618 by lollyred1
Replied by lollyred1 on topic Re:Esa- advice needed- my story so far
Thank you everyone for your replys, i am sorry for such a black post earlier but i have picked myself up (well the best i can ) and im prepared to fight.
In referrence to drs letter i have already paid £30 for one but it was def not worth it just had couple of my less severe symptoms on there and stated he thought with help i would be able to return to work, i have only met this gp twice as my previous gp sadly passed away last yr. I have made an appointment to see my nurse on friday who helped me get my diagnoses in the first place so hoping she may help me. I have also arranged a appointment with my local mps secretary tomorrow to see if there is anything they can do (not in regards to tribunal but more to do with the fact i have not received any money since last july). I have spoken almost daily with the chronic fatigue team to try and make a appointment with either my consultant or a memebr of the ot team but so far no go. I am awaiting a ot assessment via the adult social services team.
I have also found alot of my letters from occ health from past 2 yrs saying i am unfit for work within the nhs in any capacity and also my recent letter advising my dismissal from the service as they feel i would be unable to fulfill any role within the nhs.

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  • lollyred1
  • Topic Author
13 years 9 months ago #21621 by lollyred1
Replied by lollyred1 on topic Re:Esa- advice needed- my story so far
Also in reply to keeping a diary i have been told they will only look at how i was last yr when i filled in the paperwork and not how im affected now, even though im worse now than then

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  • kathy1
13 years 9 months ago #21635 by kathy1
Replied by kathy1 on topic Re:Esa- advice needed- my story so far
Hi Lollored1,

You are right, it is the way you were at the time of the claim that matters to the tribunal, how ever, keeping a dairy does give the tribunal a good insight into your typical day.

If your days now are typical to what the were at the time of your claim, then detailing your needs in a dairy record easily shows the panel members the difficulties you face, the help you need and the frequency of the help needed.

I was recently sucessful at a DLA Tribunal and I can tell you for sure, the 2 dairy records I sent in, in advance of my oral hearing were read and considered by the members.

Kathy x

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