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TOPIC: ESA and DLA claims

ESA and DLA claims 7 years 10 months ago #44022

  • rioruss
Hi this is my first post but have been reading up for quite a while,
i have been unable to work since June this year, i have fibromyalgia and chronic fatigue, this has only just been diagnosed in mid december ! i applied for ESA first and after my medical was put in the WR group/ contribution based.I now feel i should be movedinto the support group( how do i go about this?) my aches and pains and fatigue grew progressivly worse is the next few weeks, i claimed DLA but like alot of people was turned down ( form saying could cook /prepare meals , bathe self ect) ewen though on the form i said i could do neither!! They had also written to the rhumatologist , who unfortunately i had only seen the once for ten mins , in which he just ordered bloods and xrays \!! this has now gone to tribunal and am still waiting to hear. i have also now started a new claim with the new/worsoned conditions on and also a letter from my gp stating i have had these problems since may 10. ( I have also sent a copy to the tribunal with a letter stating the condition has now been diagnosed and that things were bad but are now worse !!
With all the experience of claims and tribunals on this site , how do people feels i stand a chance?
Many thanks in advance tina

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Re:ESA and DLA claims 7 years 10 months ago #44028

rioruss

All posts to the forum are moderated before being approved, sometimes this means there can be a delay before they appear in the forums.

To be placed in the Support Group you will need to demonstrate that you meet one or more of the relevant criteria, these are listed on page 25 of the Understanding ESA guide in the Members area.

As your original award for ESA was in June last year it is too late for you to lodge an appeal. You could ask for a re-consideration, however statistically, the liklihood of the decision being updated is low.

As you have already started a new claim, by reason of a deteriorated condition, I would think your best chance of being placed in the Support Group, assuming you qualify, would be to concentrate on making sure you supply detailed evidence with this claim.

I can't really offer advice with regard to what I assume is your DLA appeal, just to say that any evidence you supply with regard to your condition, must relate to how it was at the time of the decision as the Tribunal cannot take into account any deterioration that occured after that date.

If you need more info please come back to the forum.

Gordon

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

Re:ESA and DLA claims 7 years 10 months ago #44030

  • rioruss
Hi thankyou both , i will take a look at the link for ESA ,
it is however the DLA that i have put a new claim in

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Re:ESA and DLA claims 7 years 10 months ago #44031

rioruss

Forgive me, what are you appealing?

Gordon

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

Re:ESA and DLA claims 7 years 10 months ago #44032

  • rioruss
i am appealing the first Dla claim that was originally put in for in Aug 10, but have also put in a new claim 4 weeks ago for DLA .
the ESA i was originally happy with but as things have now got alot worse i am wondering if i need to do something there too.!
i am now at a stage where i am house bound unless someone is with me to help me , i am unable to drive as i am on so much medication, i have terrible sleepless night that can go on for 2/3 days at a time and because of this my pain is unbarable plus i then have 2/3 days where all i can do is sleep ! i am virtually unable to do anything for myself,
tina

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Re:ESA and DLA claims 7 years 10 months ago #44033

rioruss

Thanks for clarifying that.

I think my original advice stands, although if you are not already doing, so I would recommend you seek face to face advice with your local CAB or Welfare Rights Officer, for assistance with both your appeal and DLA claim.

Also if you have not done so already, there are extensive guides in the Members area, for claiming and appealing DLA, which may be of assistance.

If you have any other questions,please come back to the forums.

Gordon

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