UK ESA appeal?

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UK ESA appeal?

Post  dizzyflower on Wed Jan 16, 2013 6:34 am

I am desperate to find anyone who knows what a tribunal will be interested in regarding fitness for work assessments. I am having to appeal because the new assessment criteria doesn't seem to look at symptoms it is rather focussed on what you can physically do and doesn't seem to count things like needing large amounts of time asleep to recover from migraines. Does anyone know if tribunals take proper notice of diaries and what we say is a typical day, or does it have to come from a specialist. Really a specialist can only say what they are treating us for can't they? So far what I have told them about how migraines affect me has been ignored. Who would employ someone with daily migraines? This is making me much worse with worry. If anyone has any comparative experience of appeal from across the pond that have ideas for my argument it would be much appreciated. We relied on my income too before I got sick. We cannot cope if they stop this benefit.

ESA is employment support allowance which replaced incapacity benefit. If found fit for work you can claim jobseekers allowance until you find a job, but if like me you can't say that you are fit for work because of the migraines you end up not ill enough for ESA and not fit enough for JSA. I'm afraid .

Di

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testking

Post  angelblue15 on Sat Jun 29, 2013 5:57 am

my friends who are understanding and patient with me often cancelling arrangements, and being such a boring person who is ofen not able to function properly, or join in with the fun,

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Re: UK ESA appeal?

Post  Mini on Sat Jun 29, 2013 10:03 am

It is not clear what exactly you are trying to say AB.
Dizzy flower was asking about help with advice about disability procedures in UK. If you are genuine,  AB, please explain what is your point, if not, it it means that you are a spammer and spammers are not welcome on our forum.

How are you doing Dizzy Flower, we have not seen you here for some time, you are missed.
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Re: UK ESA appeal?

Post  janemcready on Mon Apr 07, 2014 1:04 am

Fitness is very much required to employ a person, otherwise it can affect the quality and quantity of the work he do. It is said that To help ensure decisions are as accurate as possible at the earliest opportunity, from October 2013, anyone who disputes a decision will have it reconsidered first by the DWP rather than going immediately to a tribunal.




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UK esa appeal

Post  dizzyflower on Wed Apr 16, 2014 5:07 am

hello everybody

this post was from a year ago now so I was surprised that it is at the top of the board again. I avoided writing onto it before because of some of the strange replies but as I don't know how to remove it i thought in case anyone finds it and is desperate for answers about what is likely to happen to them I thought I should post what happened.

I went to tribunal as the paper review came back that the decision was correct. The evidence used for this was the evidence written at the assessment meeting, which was what I was disputing. At tribunal the problem with the paperwork was seen immediately. I went from 0 to maximum points and ESA was returned with back payments. The problem was the form asked questions that didn't explain what the problem was for migraine, and the guidance at the time told the assessor that the migraine would only last a short amount of time. The system for doing this I believe has since gone to amendments so that hopefully in the future time, stress and money will not be wasted. To be fair the judge was the kindest person I met in the whole distressing process, and I am far from recovered from the stress caused by it. These days I actually shake when the post comes through the letterbox.

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