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Stressed is a understatement.

macca10macca10 Posts: 9Member Listener
I am going to an appeal Monday 8th January.For ESA after having lost after a acessment.The acessor totally lied about all my answers,which also happened 2 years ago.I am totally stressed about this appeal.I have very bad back problems for years and sereve IBS,which i am ill most days and have to stay in bed.The pain is terrible.They never ask how much pain you are in ever.To make things worse a letter dropped on my floor from the DLA to now change to PIP.God did I need this right now.I feel I am being targeted and feel like giving up completely.

Replies

  • JazzguitarJazzguitar Posts: 177Member Talkative
    Find the email addresss of a local Social Worker. Or email Citizen's Advice. They give advice for free. Neville in Plymouth Devon
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,495Member, Community advisor Chatterbox
    macca10,

    As suggested by Neville, getting help from a local agency such as Citizens' Advice is a good idea.

    I know it feels as if you're being targeted, but the ESA & PIP are separate - it's just very bad luck, and it does happen quite often that both benefits get looked at during the same time period.

    For ESA, I'm not sure if you have already asked for a mandatory reconsideration. If you haven't, do that as soon as you can. Once you put an appeal in you can get ESA whilst you wait for the appeal to be heard. Try to avoid claiming Universal Credit if you possibly can, as this can mess up the process!

    If you haven't already, have a look at the ESA self test so you know how the points are scored. Bear in mind that you can also pass the test if work is a risk to your health - and from what you say about the pain you're in, I'm sure it would be.

    As for the DLA to PIP change, see if your CAB can help you fill in the PIP form. If you are going to struggle to meet the deadline, give PIP a ring and ask for more time.

    Will
    The Benefits Training Co:
    Paul Bradley
    Will Hadwen
    Sarah Hayle
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland
  • macca10macca10 Posts: 9Member Listener
    Thanks for your advice.I went for my appeal for my ESA yetetday and the doctor there was very rude.The judge said nothing to help me.It was horrible.Its was like a interrogation.I never got a decsion on the day.Its going to be posted to me.I think I have losted,feeling very upset and at a loss to know what to do now.I don' feel well enough to sign on JSA .So i have no income what so ever.I had full support from my gp and consultants.But he was just going on about the acessment at the beginnig of this sorry mess.I  am so ill every day.Its unbeviable I was treated in this way.All my supporting letters say this lady suffers from chronic pain,which affects her life no end.But I know they have not listened to the evidence.I feel so hopeless and now feel so stressed,i feel like given up.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,495Member, Community advisor Chatterbox

    Oh no @macca10 !!

    So sorry to hear that the Tribunal did not go well - it always pains me to hear how upsetting a lot of appellants find it.

    If the decision is not successful then the starting point as you say is jobseekers, unless you can show that your condition has deteriorated significantly since the last assessment, or that you have a new condition.

    To challenge the case to the Upper Tribunal there would have to be an error in law which is not common, however if you had rafts of evidence indicating that you meet the criteria (and chronic pain can certainly impact on some of the descriptors) then possibly there may be a case for further appeal. If you have not been successful it is worth asking for a Statement of Reasons from the Tribunals Service within a month of the decision, just to check. As Neville and Will advise above, if you can find a local benefits specialist - CAB/ Welfare Rights/ Law Centre/ etc they should be able advise on merits of further appeal.

    Has your condition deteriorated since the last medical would you say? Do you think you could get your doctor to phrase a sick note to that effect?...

    Mary

    The Benefits Training Co:
    Paul Bradley
    Will Hadwen
    Sarah Hayle
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland
  • macca10macca10 Posts: 9Member Listener
    Thanks for your reply.Well I had a new condition diagnosed whilst waiting for the appeal,but I send the information in for that condition for more evidence.Silly me.It was mentioned at the appeal,so it probably thecnew condtion is not now.The problem I have is there was so many mistakes on the first acessment papers from the doctor who did it.I have papers from a appeal 4 years ago and on both it  saids ,I have had a bad back since I was 13 years old.Did she copy that as it is wrong on both times.I said from the age of 30 both times.Also they said I lived alone,when I told them my old father lives in my house,how can someone get something so wrong.My worry is I cannot sign on to jsa as I feel too ill to go to work.I am so stressed out because of this whole mess,i do feel more unwell.But if I do not sign on JSA I will lose the house over our heads.I will have lie to say I am fit enough to Work,but I am not.Would you know how long I have to wait to put a new claim in again for ESA.Hoping I can manage to get through the time with JSA.I feel that two people got my case so wrong and it worrys me to think how many ill people this has been done to.I see myself as unemployable.What do I say when asked,what have you been doing in the last few years.Again I must lie,i cannot say I have been so unwell and I be sitting there in so much pain telling them that.I was told I can go to work in a wheelchair,but would not be able to push myself in it,as it would cause me more pain.Its madness.I could go on and on about loads of things.I just feel I have been let down by Two doctors that are there lying to make money.Money for themselves.This is my life and they have stamped all over it for their gain.If their mission was to totally make my depression worse,they have won.
  • macca10macca10 Posts: 9Member Listener
    My go did say to me if you lose come back to me,i will help you.I just remembered that.
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