ESA appeal question - sitting issue...

Thanks again Gordon

I only asked about the letter, as I wasn't sure if I needed to sign anything?
(And thought it might be a good place to remind them I will be sitting/ lying on the floor, and will need to be able to line my head up to look at them directly - could be a lot of me sliding around on the floor, as it's always a big problem for me when trying to speak to more than one person! Also to mention if they force me to have an afternoon hearing like my assessment, then my brain will probably wander all over the place...)

It doesn't really matter what they think of "extreme pain" rather than "significant discomfort", as I'm basically ignoring all the times I can do much less, and just trying to get them to agree that the things that would cause me "significant discomfort" to do once if I don't lie down (ie for half my day) have to be seen as points I should definitely get for "the majority of the time" by just using flare ups to tip the balance to "more than half" each day...just hope that makes sense to anyone but me?

Hi CP
Iam a bit concened when reading your post you seem to be talking about pain all the time
When you use `extreme pain' are you explaining your limitations that go with it
Also `significant discomfort' are you explaining the restrictions that go with it
As for half the day, you should say for the majority of the day so there is no doubts in the DM`s head instead of relying on flare ups to tip it in your favor, and is it not better to use exacerbation rather than flare up

Thanks for your input Bud

Thanks for pointing out you don't think they might understand "flare up", I've spent 13 years calling them that, and seeing them referred to as that in Pain books, it didn't even occur to me that they wouldn't even understand that...

Yes, I have been reading Gordon's points well enough to realise everything has to concentrate mainly on ability to do descriptor's, so I am discussing my variable level of ability to do 3 physical descriptors during either half of my typical good days, or during my bad days. I'm not really writing this for a DM now, more for a Judge and tribunal Dr, I'm hoping they will look a bit more thoroughly at what I and my Physio have to say.

Dear Gordon

I just wanted to quickly update you on my ESA appeal, as you so kindly read through and replied to so many of my early panicky ramblings as I tried to understand the whole confusing process.
I have been very lucky in that a solicitor friend has kindly managed to get their firm to take on my case "pro bono", and she will be going to represent me in person at Tribunal.

I am still struggling through helping amend drafts and redrafts of my statement to state my case briefly and clearly (and, yes, defining "flare up" and other pain variability in ways understood by others is still a challenge to me). The overall responsibility for collecting evidence from friends / medical professionals, and of finalising my statement, however, I am very grateful to now have had taken from me.

I have no idea what the final outcome will be (and don't yet even know a date for the appeal), but feel I will be able to give it my best shot, and I am told that being under the "umbrella" protection of a law firm should help protect me from any "bullying behaviour" going on during the hearing. I hope to make at least one appeals judge think more seriously about variable conditions, and to give them a basic understanding of what Chronic Pain is, and what it is like to live, whatever the outcome.

I will try to update you when I eventually know more.
Thank you for your help