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ESA stopped

  • Nikki.B
  • Topic Author
11 years 11 months ago #85032 by Nikki.B
ESA stopped was created by Nikki.B
Hi,
I desperately need some advice. I've been on ESA for about 2 1/2 years now, work related group. I went for another medical a few weeks ago, and the only thing that's changed is that I've deteriorated considerably in the last year.
I received a letter this morning telling me I had got 0 points from my form and 0 points from the face to face meeting.
The nurse was not very nice at all and even argued with me that I didn't have what I was diagnosed with and that fibromyalgia, hyper mobility and M.E./CFS are all the same thing and that is fatigue. I am in constant pain, some days are better than others, and I also have hep C. The nurse told me I don't have fibromyalgia, but I have fibrosis??
I wasn't able to do the physical stuff, mainly because I don't have much use of my hands.
I am registered disabled and I get the higher rate mobility, lower rate care DLA. I told the nurse that I couldn't take pain killers because my youngest daughter has a condition that causes night time seizures and I have to be awake and alert enough to administer rescue meds.
My mortgage is paid by the ESA, my utility bills, and a loan from the social services. I am literally going to be homeless if I don't get this sorted.

Nikki

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11 years 11 months ago #85033 by Gordon
Replied by Gordon on topic Re:ESA stopped
Nikki

Sorry to hear this.

I'm afraid with regard to your ESA, your options are limited.

You can appeal the Decision, which will include a Reconsideration by the DWP, at which it may be possible to get the Decision overturned, however, if the DWP do not change their minds thten you will have to wait for a Tribunal hearing which might take a year.

While you appeal you are entitled to the ESA Assessment rate, which I believe is now £71/w.

Appealing should also re-instate your other benefits, although you may need to contact your local authority to let them know what is going on.

I would recommend you get advice from your local CAB or Welfare Rights office, as they can explain in more detail what you need to do to keep your other benefits without interruption.

Have a look at the following FAQs.

How long do I have to appeal?

How to submit an appeal

Our ESA Appeal guide is available on the following link.

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

You will now need to provide Fit Notes until a new Decision is made, so you should see your GP to arrange for this.

If you have more question, please reply to this thread.

Good luck

Gordon

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

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11 years 11 months ago - 11 years 11 months ago #85038 by lindat
Replied by lindat on topic Re:ESA stopped
fibro fog has me in a pea souper today so hope this makes sense. You really do need advice. I am not sure what the position is when a nurse or doctor go completely against the GMC who have recognised fMS for years. The NHS website even has a not too bad write up on it which is improving all the time. It is certainly not a nurses place to dismiss diagnosis by more informed medical personnel :angry:
OOOOHHHH I wish my brain would work. You have to complain, this is a disgrace.
wish I could help :(
fibro hug
linda
Last edit: 11 years 11 months ago by Gordon.

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  • Nikki.B
  • Topic Author
11 years 11 months ago #85041 by Nikki.B
Replied by Nikki.B on topic Re:ESA stopped
Thank you for the advice.

I've rung my doctor and she said she'll write a letter for me to send with any appeal and also write me a sick certificate.

I'll start working my way through.

Can I request a copy of the report that scored me 0 points? I just can't understand how this has happened.

Regards

Nikki

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  • Nikki.B
  • Topic Author
11 years 11 months ago #85045 by Nikki.B
Replied by Nikki.B on topic Re:ESA stopped
Thanks Linda.

I am so stressed by all this, which of course makes the pain so much worse!!
She spent the interview trying to catch me out and tried to bully me into saying that the fatigue and not the pain and lack of function was the worst thing.
Last time I had a medical I was suffering from quite bad aggraphobia as well, and she spent a lot of time trying to stop that from being part of the assessment too.
The ridiculous thing about all this is, by the time I get it sorted - if I do - everything is going to be so much worse than it was anyway!! I can't afford to have anything any worse, I need to be able to deal with my daughter's needs as well.

Nikki

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11 years 11 months ago #85046 by Gordon
Replied by Gordon on topic Re:ESA stopped
Nikki

Yes, you can, see

ESA medical – what forms to ask for?

Gordon

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