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Thread: I failed my ESA appeal

  1. #1

    Unhappy I failed my ESA appeal

    Hi everyone
    I am a new poster.
    So I went to appeal tribunal on the 26th and got my decision in post this morning...appeal failed.
    I'm not surprised, the Dr doing the questioning left me little room to elaborate any further beyond the few questions she deemed fit to ask.

    I felt my self being led to say the answers they wanted to hear, very few questions asked overall...and me being me...I couldn't argue my case, I failed to fully explain matters and on top of that I had no medical evidence.
    I did not have a representative or anyone attending with me so I knew I had no hope in winning, from the start. It didn't feel any better than a face to face with an HCP to be honest.


    I don't know what to do next. I was on entry level ESA while waiting for my appeal, what benefit should I claim, how do I deal with the appeal loss.
    I have chronic fatigue syndrome/me, an history of anxiety and panic attacks and depression. They were my main issues at the time I filled my ESA50 in.
    I have recently been diagnosed with Rheumatoid arthritis in hands,wrists,and feet also following x-rays it showed Osteopenia in my hands and bone spurs, so osteo arthritis in both hands as well. I have Synovitis in wrists feet and ankles. This affects the tendons in those areas. I have been having increased pain in both knees and ankles which obviously impacts my walking because of pain..I also have problems with my balance...I don't know if is down to Chronic Fatigue yet..I am trying to get answers from my Dr's and Rheumatologist.
    I am exhausted from the effort I have had to put in for my appeal. I just feel lost at the moment.

    Any help or advice would be much appreciated

    Thank You

    floppyfeet

  2. #2
    New Member
    Join Date
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    Welcome to the forum Floppyfeet, i know how you feel even though i've yet to appeal my decision. I have manic depression, i can be up one minute and depressed the next in 0.60 secs, anything can trigger it off. I got my MR today and it confirmed my worst fear, that the assessor didn't believe me and made out my medication hadn't changed over the past 10 yrs which is NOT what i said , the assessment i had before my last one, i was on 20mg fluoxetine and since then i got put on 60mg fluoxetine (long story short my old gp had put me on 20mg before he retired and when my current took over, he went mad and said i should have been put on 60mg from the start, then weaned, this was about.....7-8 yrs ago, so definitely NOT past 10yrs like the lying sod of an assessor said). He even put (despite me telling him that i have self harmed in the past) that i am no danger to myself or anyone. Even though this post had put me off a little (not your fault), i will still go for an appeal because i'm far from being able to work, i got laughed out of the last job interview i went to because i was on 20mg, what would they be like now i'm on 60mg?.

    Sorry probably not helpful .

  3. #3
    Please check to see if you are in a full service Universal Credit area.

    Use this link to check:

    https://www.citizensadvice.org.uk/be...versal-Credit/
    I try my best

  4. #4

    Question esa

    Quote Originally Posted by pmlindyloo View Post
    Please check to see if you are in a full service Universal Credit area.

    Use this link to check:

    https://www.citizensadvice.org.uk/be...versal-Credit/
    Hi pmlindyloo
    No I'm not in a live UC area...can I reapply for ESA, make a fresh claim?
    I have a new diagnosed condition.

  5. #5
    Hi wrathie83
    Cheers for reply and sorry about putting you off appealing, maybe your case will be better because of support from your gp or available med recs .I'm just telling how it was for me...yours I'm sure will be a lot more pleasant.

    floppyfeet

  6. #6
    Also...
    How do I appeal to the upper tribunal..is the first ,first tier tribunal reconsidered first...wow that's a lot of first..lol.

    I had help with my original appeal...but I'm not sure how I would put things in to motion this time .Iv'e done a letter asking for a SOR..How do I know if any laws have been misapplied or missed. Whatever.

  7. #7
    Yes, you can put in a new claim for ESA due to a new condition.

    It is important that your GP specifies the new condition on your fit note.

    As regards appealing to the upper tribunal then this can only be done on a point of law.

    Since you received help to do your original appeal I suggest you return to whoever helped you and ask whether they think you have any grounds for appealing.

    To be honest, making a new claiming for a new condition is probably the easiest and less stressful route.

    I am concerned that you say that you did not have any medical evidence. Did you mean you didn't take/send any extra evidence to the tribunal? I am guessing so as I cannot imagine that a welfare advisor would not realise the importance of medical evidence to back up your claim.

    Don't forget to ask your GP for copies of reports about your new conditions and, if you attend any future appointments at clinics/hospital ask for yourself to be copied in for their report - makes things much simpler when you need evidence.
    I try my best

  8. #8
    Cheers pmlindyloo

    I'm still confused about how I set the ball rolling for a new claim for ESA, where do I get the form from, should I contact DWP about the appeal loss..i'm just so confused.
    The reason I didn't have any medical proof ,is because my main claim was for Chronic Fatigue Syndrome, and despite having the condition for over 20 years ,i was never really helped with it..so not much in med recs.

  9. #9
    Me again
    Could some one tell me how I go about getting the information that DWP currently hold on me please.

  10. #10
    Senior Member nukecad's Avatar
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    how I set the ball rolling for a new claim for ESA, where do I get the form from
    If you are not in a full UC area then you claim ESA just as you did last time.
    You will need to make it clear that this is for a new condition(s), (different from your previous claim) and will need to supply medical evidence to support that it is a new condition.

    You can phone them to apply, or Download and fill in an ESA1 form and take it to the Jobcentre.
    See this webpage - ignore the stuff about 'New Style' ESA; what you need is the part about "Contributory and income-related ESA".
    Make sure you ring the right phone number (they are different), you can also find a link to download an ESA1 there.
    https://www.gov.uk/employment-suppor...e/how-to-claim

    Could some one tell me how I go about getting the information that DWP currently hold on me please.
    You ask them.

    I'm assuming that you don't mean the information, Assessors report, Decision Makers report, etc. from your recent assessment/decision?
    You should already have that in the bundle that the DWP sent to the court with a copy to yourself.

    If you want to know anything else they hold about you, or everything they hold about you then it's called a 'Right of Access Request'.
    (It used to be called a 'Subject Access Request' and some people still call it that, but a new law changed the name earlier this year).
    You can make this request either online or by writing them a letter.
    The address for requests, and the link for the online application can be found here:
    https://www.gov.uk/guidance/request-...k-and-pensions
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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