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Thread: ESA Tribunal and Fibromyalgia

  1. #1
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    ESA Tribunal and Fibromyalgia

    I have a ESA Tribunal week on Monday and despite requesting it to be postponed to another date as my support worker is on holiday then it as been refused.
    I'm going to see somebody next week from welfare who will tell me how I can ask for the meeting to be adjorned (unsure what the difference is between a postponment and adjornment) any way as anybody with fibromyalgia been to a tribunal?
    How can I explain that I never know from one day to the next how I will feel? One day I may be fine but the next I could be in serious pain and exhausted. I can't expect somebody to take me on and then say sorry boss I can't come in today because of the pain etc I am in. Within a month I'd be out of work. And it is not like a fibromyalgia sufferer knows when they will be ill.
    Anybody who as been through all this know how to put this accross to a tribunal board?

  2. #2
    davewhit
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    Quote Originally Posted by willibobs71 View Post
    I have a ESA Tribunal week on Monday and despite requesting it to be postponed to another date as my support worker is on holiday then it as been refused.
    I'm going to see somebody next week from welfare who will tell me how I can ask for the meeting to be adjorned (unsure what the difference is between a postponment and adjornment) any way as anybody with fibromyalgia been to a tribunal?
    How can I explain that I never know from one day to the next how I will feel? One day I may be fine but the next I could be in serious pain and exhausted. I can't expect somebody to take me on and then say sorry boss I can't come in today because of the pain etc I am in. Within a month I'd be out of work. And it is not like a fibromyalgia sufferer knows when they will be ill.
    Anybody who as been through all this know how to put this accross to a tribunal board?
    If they wont postpone it they are unlikly to adjorne it

    the diffferance is the first one no one goes and you have the tribunal on a new date the second you go and ask for a new date in person in front of the tribunal.

    many people with many health problems do not know one day from the next how they are going to be ....... if you lost your esa appeal then the people at the job center would have a duty to find you work that you can manage taking into account your problems ...but slow down you have not yet lost your appeal


    go and look on B&W forum people with fib often post on there and some are in the support group too

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    Hi saw somebody this morning who is going to be representing me next week. They said the only way could really ask for an adjournment is so we can ask for my medical papers although pointed out that they could turn around and say I've had time to get my papers from when I sent in the letter to appeal the ATOS assessment.

    With me having Fibromyalgia he's pointed out that it is a muscle wasting illness and my muscles seem fine. I actually know of many people with fibromyalgia who don't have muscle wastage so that is a bit daft to say.
    Also on the original assessment it says I can walk 50m with a walking aid (a stick) never was added that I have to take stops frequently because in pain and discomfort. Point made about my pain and discomfort which he says they could pick up on is that if I'm sitting then standing frequently to ease the pain then why can I not do that in work? It doesn't stop the pain nor does it relieve it, it just stops my legs from seizing up.

    He says our best chance is to go with the mobility pointers to earn the 15 points that is what he believes could be my best chance.
    If I lose (which I'm expecting more and more now) it would seem I would then be placed into the WRAG from what he's said though my ESA would stop because it's been a year and mine was contribution based. So this means I'd get nothing then? Although he says we'd need to inform WTC as that would go up (although not much I am sure).
    Trying to find a positive but is there a better chance of winning a tribunal if you have a welfare person with you?

  4. #4
    davewhit
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    not sure how he gets muscle wasting ? i suppose if someone is in a lot of pain they cant walk then without use muscle woukd become weaker

    regards better chance with welfare person that depends how good they are.....some do very good work

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    Hello I've decided not to ask for an adjournment. I don't think I could go through the stress of the wait again (if they agree to it). I'm thinking of doing a letter explaining how the condition effects me day to day and what I can not do, then giving it to the Clerk when I get there. Would this be to late or a good idea? Sometimes if I'm nervous I forget what to say. Would this be taken into account?

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    I had my tribunal today for ESA due to my condition fibromyalgia. Was asked countless times if I am in pain how can I manage to sleep during the day. The judge & doctor compared it to having toothache, said if you have toothache how do you manage to sleep? Well with fibromyalgia you are that exhausted your body just shuts down plus with toothache you suffer with it one night then have it normally taken out.
    Asked how getting up off my seat every 15-20 minutes helps the pain. It doesn't help as I told them countless times it eases it. Asked about sitting in a car for more than 30 minutes how do I deal with it. Told them I don't have much choice with the pain (if you've got a 30+minute drive how do you deal with it?)
    Asked what was the point of my sticks? Err to stop me from falling over and for balance.

    Didn't actually say it but got impression they decided fibromyalgia was in my head. I had to sit there with my wife in tears while they belittled me. Tried to explain with my condition I have no idea how I'll feel each day to the next.

    So have to now find a job with somebody who will take me on despite not knowing one day to next how I'll feel
    Makes me so angry

  7. #7
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    Sorry to hear this. Have read some threads on other forums recently where some people with FM have also been unsuccessful at the Tribunal.

    Not sure if it makes any difference (someone with more knowledge will correct me) on whether you were CB or IB ESA based, but if 6 months have passed from the date you failed your initial assessment and now, you can reapply for ESA. As long as your GP will issue sick notes.

    I'm one of the few lucky people previously diagnosed with FM who managed to get rid of it within 6 months of diagnosis. But I can remember the burning nerve endings and muscle stiffness/ pain, and lack of sleep etc it caused at the time. Caused in my case by the stress of having undiagnosed severe anemia on an already badly compromised cardiac/vascular system.

    There's a link to an ATOS training handbook for the evaluation and background to FM on the Fibromyalgia UK Forum, which makes interesting reading. It certainly looks like the medical person who sat on your Tribunal didn't have much of an understanding /empathy for this condition.

    If you do decide to apply for JSA your advsior will be tasked with finding you something you can do. Possibly part time work to start with.

  8. #8
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    Quote Originally Posted by willibobs71 View Post
    I had my tribunal today for ESA due to my condition fibromyalgia. Was asked countless times if I am in pain how can I manage to sleep during the day. The judge & doctor compared it to having toothache, said if you have toothache how do you manage to sleep? Well with fibromyalgia you are that exhausted your body just shuts down plus with toothache you suffer with it one night then have it normally taken out.
    Asked how getting up off my seat every 15-20 minutes helps the pain. It doesn't help as I told them countless times it eases it. Asked about sitting in a car for more than 30 minutes how do I deal with it. Told them I don't have much choice with the pain (if you've got a 30+minute drive how do you deal with it?)
    Asked what was the point of my sticks? Err to stop me from falling over and for balance.

    Didn't actually say it but got impression they decided fibromyalgia was in my head. I had to sit there with my wife in tears while they belittled me. Tried to explain with my condition I have no idea how I'll feel each day to the next.

    So have to now find a job with somebody who will take me on despite not knowing one day to next how I'll feel
    Makes me so angry
    Hi willibobs,
    I'm not to sure from reading your post as to whether you were refused esa or have to wait the result.
    If they said your decision will be sent to you then hang on in there.
    Best wishes.

  9. #9
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    Sorry to hear about your situation.
    It took a long time to get FM recognised as a real illness, which was great untill some saw it as a perfect illness to use as a scam to get benefit.
    Wait and see what the decision is and then take it from there. If it is not good then you will enter into the stange world of are you eligible for JSA and who the heck is going to give you a job.

  10. #10
    Sorry to hear that willibobs, You could reapply, why not have a look over at http://dwpexamination.org/forum/ a lot of folks on there have been through the system, some of them many times. H.

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