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Esa for Fibromyalgia
- Els
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7 years 2 weeks ago #186728 by Els
Esa for Fibromyalgia was created by Els
Hi
I recently went to my medical assessment, the gentleman assessor told me that the decision maker does not have any medical qualifications which I find quite annoying.
I have been told I have scored 12 points for Fibromyalgia and social anxiety. Both conditions affect my life a great deal. I sent alot of supporting evidence in from my Gp, pain consultant, Rheumatologist and my physiotherapist.
I am quite upset as I'm unsure what else I can do to make them understand how much my life is affected by the conditions. My parents have to help daily to look after my children, taking them to School etc..
When I do have good days (manageable pain) I try my best to do everything I can with my children to make up for the bad days, which usually makes my bad days even worse. I did tell them I average 3 good days a week so I'm not sure whether that has gone against me.
I just don't understand how they can see me as fit for work! I hate to be this way, I would be the most unreliable employee ever due to pain levels, fatigue and on top social anxiety. I don't choose to live like this, and I feel I am being penalised even more now they have taken the ESA away from me.
Please can someone advise me on the best things to put in my MR??? Thanks in advance x
I recently went to my medical assessment, the gentleman assessor told me that the decision maker does not have any medical qualifications which I find quite annoying.
I have been told I have scored 12 points for Fibromyalgia and social anxiety. Both conditions affect my life a great deal. I sent alot of supporting evidence in from my Gp, pain consultant, Rheumatologist and my physiotherapist.
I am quite upset as I'm unsure what else I can do to make them understand how much my life is affected by the conditions. My parents have to help daily to look after my children, taking them to School etc..
When I do have good days (manageable pain) I try my best to do everything I can with my children to make up for the bad days, which usually makes my bad days even worse. I did tell them I average 3 good days a week so I'm not sure whether that has gone against me.
I just don't understand how they can see me as fit for work! I hate to be this way, I would be the most unreliable employee ever due to pain levels, fatigue and on top social anxiety. I don't choose to live like this, and I feel I am being penalised even more now they have taken the ESA away from me.
Please can someone advise me on the best things to put in my MR??? Thanks in advance x
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- Gordon
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7 years 2 weeks ago #186741 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa for Fibromyalgia
Els
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Unfortunately and bizarrely ESA does not directly look at a claimants ability to work, this is a conclusion that results from the assessment.
ESA requires claimants to meet very specific criteria and it may simply be a case of you not explain your limitations in regard to these in specific detail.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report (ESA95) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Unfortunately and bizarrely ESA does not directly look at a claimants ability to work, this is a conclusion that results from the assessment.
ESA requires claimants to meet very specific criteria and it may simply be a case of you not explain your limitations in regard to these in specific detail.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You should contact the DWP for a copy of the assessment report (ESA95) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Els
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7 years 2 weeks ago #186753 by Els
Replied by Els on topic Esa for Fibromyalgia
Thankyou for getting back to me Gordon. Anxious and frustrated would be an understatement. I will fight the decision, and after reading alot of info on your page I have some good tools for the job.
Could I also ask how I can get email notifications to tell me I have received a reply to my post?
Thanks again, I will be intouch soon.
Could I also ask how I can get email notifications to tell me I have received a reply to my post?
Thanks again, I will be intouch soon.
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- Gordon
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7 years 2 weeks ago #186754 by Gordon
I'm afraid the current forum software does not support this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa for Fibromyalgia
Els wrote: Thankyou for getting back to me Gordon. Anxious and frustrated would be an understatement. I will fight the decision, and after reading alot of info on your page I have some good tools for the job.
Could I also ask how I can get email notifications to tell me I have received a reply to my post?
Thanks again, I will be intouch soon.
I'm afraid the current forum software does not support this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Bill24chev
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7 years 2 weeks ago #186765 by Bill24chev
Has it changed from ESA85 (or ESA85a when no FtF carried out)?
Replied by Bill24chev on topic Esa for Fibromyalgia
Gordon wrote: Els
W
You should contact the DWP for a copy of the assessment report (ESA95) if
Gordon
Has it changed from ESA85 (or ESA85a when no FtF carried out)?
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- Els
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7 years 2 weeks ago #186778 by Els
Replied by Els on topic Esa for Fibromyalgia
Hi
I received my letter today and am pretty upset. The assesor has lied about what he asked me to do in the assessment. He said he asked me to crouch down to the floor and get back up again - he didn't ask me to do that. He also stated that he asked me to put my arms up behind my neck - he didn't ask that either. He also refers to me as a he when he explains how I did it. I am completely shocked that these things have been said as they did not happen. Have you heard of this before? I have requested an appointment at my local citizens advice branch and have highlighted the false information and have also added factors that were not taken into consideration. The assesor kept asking me if I was in pain when doing certain things i.e walking up the stairs, lifting a pint of milk, I said I was but There was no mention of me being in pain for anything, other than that I had limited movement in my hip and pain in my lower limbs. How did I crouch to the floor and get straight back up again when I have limited movement and pain in my lower limbs? I would've refused because I would have known I wouldn't have got back up again without an aid from a table or a person. Like I refused to twist my hips when lying on the couch because I knew the pain it would cause.
I'm so disheartened, they need to record these assessments so the decisions maker can see and hear it all.
I received my letter today and am pretty upset. The assesor has lied about what he asked me to do in the assessment. He said he asked me to crouch down to the floor and get back up again - he didn't ask me to do that. He also stated that he asked me to put my arms up behind my neck - he didn't ask that either. He also refers to me as a he when he explains how I did it. I am completely shocked that these things have been said as they did not happen. Have you heard of this before? I have requested an appointment at my local citizens advice branch and have highlighted the false information and have also added factors that were not taken into consideration. The assesor kept asking me if I was in pain when doing certain things i.e walking up the stairs, lifting a pint of milk, I said I was but There was no mention of me being in pain for anything, other than that I had limited movement in my hip and pain in my lower limbs. How did I crouch to the floor and get straight back up again when I have limited movement and pain in my lower limbs? I would've refused because I would have known I wouldn't have got back up again without an aid from a table or a person. Like I refused to twist my hips when lying on the couch because I knew the pain it would cause.
I'm so disheartened, they need to record these assessments so the decisions maker can see and hear it all.
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