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2 year renewal of ESA status

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7 years 1 week ago #187266 by birder
2 year renewal of ESA status was created by birder
Hi
in response to your request regarding 2 yearly reviews this is my experience:
Having been on what was previously Incapacity Benefit I was place in the support group and following a medical review, performed by a Dr who had seen me on three previous occassion and with whom I had a rapport on my visit in 2014 he was totally disinterested and failed to complete the required tick boxes and relevant information. As a result of this my benefit was stopped. I went to Tribunal, at my own cost as I live abroad, a very stressful and humilating experience, and despite what I believed to be thorough preparation I was unaware that the DWP despite my asking if they had a second translation done as I advised them the first was of a very poor quality, they hadn't and I only found out in court that I should have had a transaltion performed by a fully accredited translator and signed by a solicitor, cost at that time. This i subsequently had dione at a cost to me of approx £120. The Judge advised that he could not accept my translation of the document written however, he did accept that the translation performed on part of teh DWP was of a poor standard as even with his school boy understanding he could see there were errors! Therefore our case was stopped and we were told we would be sent a new date once I had this information, a useful point for any others claiming from abroad. At the second Tribunal I had had the necessary translation done and forwarded to the court and DWP well ahead of my new date. It is so hard to quantify how your stress levels are affected during this period and the impact this has on the condition or conditions you're already living with and the affect on those closest to you. Thankfully the second visit to the Tribunal went in my favour and DWP were instructed by the Judge not to contact me before a specific date. In my case they made contact 1 month before this date and so I am going through the process once more despite being on more medication than previously. In teh meantime we have moved and so the Medical Review was performed by a different Practitioner and one who understood the uk system. I was immediately put at ease by this Dr and as a result may have let my guard down a bit but I answered all his questions as honestly as I could, sods law of course, I was having one of my rare good days when we meet despite being very stressed. I explained to him my previous problems with translation and lack of info provided from the start and he took this on board saying he would use short concise sentences and not different tenses of verbs so as to make translation easy. This time round my benefit has not been stopped as it was previously whilst my situation is being looked at. So it would appear that in some cases they are adherring strictly to the 2 year rule and in others not so. It is hard for those who do not have to live with constant pain and not knowing even from hour ot hour how they will be feeling often to impart this information to others as people often prejudge just on looks. Stress affects us all in different ways and for me I already suffer from depression but the cloud that currently hangs over me is so much bigger. I claim only 1 benefit which makes the diffence of being able to live, if I were to loose it, not only would my illness deteriorate but so would my husband without whom I could not function. However, I am a principled individual and hate to see anyone being treated unfairly or without due consideration. So I will fight my case, hopefully I won't need to go to Tribunal again but I'm prepared to if necessary. Throughout this ordeal, and that's what it is, it's necessary to stay focused and believe in yourself and your case, which I know is easier said than done but if you believe you are in teh right then you must continue. I wih you all the best in your endeavours.
The following user(s) said Thank You: Gordon, Terry

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