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Help on ESA appeal

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13 years 5 months ago #30270 by cookie
Help on ESA appeal was created by cookie
Hi,
I have CFS/ME and need advice. I am waiting to go to appeal.
I had my first meeting with an advisor to help get ready for an appeal.
I hate to say this ,but I felt she didn’t believe me.As she wouldn’t accept that my condition varies.
I explained I had spent two days in bed so I could make the meeting. She also seemed irritated when I wasn’t giving a clear answer, due to brain fog.Has anyone else had this reaction, or I am just getting paranoid?Its really put me of going to an appeal.as I was even more depressed when I left the meeting.If i do decide to go to the appeal nad fail at the appeal will I need to pay back the ESA benefits I have received? are you then able to claim JSA? sorry for allthe questions.Just getting stressed out.
Thanks for your advice

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13 years 5 months ago #30276 by Gordon
Replied by Gordon on topic Re:Help on ESA appeal
cookie

Hi, I also have ME/CFS and like you I have had to go to tribunal regarding my ESA.

Unfortunately many people do not understand the illness, and in particular the variability of the condition and assume you are not ill when you are.

Without knowing how the illness affects you it is difficult to know how to advise you, but based on my own experience the things you should be looking at the variability of the illness and our ability to repeat the tests with "reasonable regularity".

For example if you can walk 200 metres but no more because of fatigue, but cannot repeat the exercise for 24 hours then you should be classed as being unable to complete the test.

Have a look at the ME Association site, they have written a review of the WCA that explains their concerns and might help you understand how to phrase your response for the tribunal.

www.meassociation.org.uk/?p=1639

With regard to the ESA payments, as far as I am aware, there will be no attempt to reclaim the ESA asssement rate payments that you are currently getting. Depending on the timescales from when you received your original decision (minimum 6 months) you may be able to make a new claim for ESA otherwise your only choice is to go onto JSA unless your appeal to the 2nd tier tribunal, but that is getting too far ahead.

If you look through the forum there have been several people with ME/CFS who have won their tribunals, so it can be done.

Good luck and if you have more questions do come back there is usually someone who can help you.

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 5 months ago #30298 by cookie
Replied by cookie on topic Re:Help on ESA appeal
Hi Steve,
Thank you for your helpful advice.
More questions. How long is the average wait until you go to the tribunal?
Is there anything I could do in the mean time to prepare?Thanks again.

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  • RachelPotter
13 years 5 months ago #30300 by RachelPotter
Replied by RachelPotter on topic Re:Help on ESA appeal
Hi Cookie, I received my 'appeal bundle' about two weeks ago and received a note with it saying my tribunal wouldn't be before 20th Jan. I live in Hampshire and I think it varies from area to area. I've been spending tome on this brill web site reading up for advice; plan to go to the CAB for advice and am going to ask my surgery for a copy of my notes which I will sift through for any supporting evidence. Not sure how else to prepare; like everyone else I am stressed out by this process and more ill because of it :(
Wish you all the best,
Rachel

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13 years 5 months ago #30305 by Derek4
Replied by Derek4 on topic Re:Help on ESA appeal
cookie wrote:

Hi,
I have CFS/ME and need advice. I am waiting to go to appeal.
I had my first meeting with an advisor to help get ready for an appeal.
I hate to say this ,but I felt she didn’t believe me.As she wouldn’t accept that my condition varies.
I explained I had spent two days in bed so I could make the meeting. She also seemed irritated when I wasn’t giving a clear answer, due to brain fog.Has anyone else had this reaction, or I am just getting paranoid?Its really put me of going to an appeal.as I was even more depressed when I left the meeting.If i do decide to go to the appeal nad fail at the appeal will I need to pay back the ESA benefits I have received? are you then able to claim JSA? sorry for allthe questions.Just getting stressed out.
Thanks for your advice

Hi Cookie

A good welfare rights advisor should be non-judgemental and accept your description of your condition at face value, it's the tribunal that has to judge you!

As Steven said, you will not have to pay back any ESA if your appeal is disallowed as you are only being paid at the assessment rate whilst appealing.

As for preparing for the appeal, you can leave the preparation to your advisor, but I would advise you to read copies of all the documents she sends to the tribunal to check that they are accurate, and inform her of anything relevant that has been omitted.

Good luck

Derek

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  • justme12
13 years 5 months ago #30307 by justme12
Replied by justme12 on topic Re:Help on ESA appeal
Hi Cookie,
it's hard to tell what to do regarding your advisor, but if you are really unhappy it might be worthy checking out if it would be possible to change to someone else?
Regarding the appeal itself, I just manage to win my appeal this Wednesday after waiting since January. I also have CFS/ME, and went from 0 Points to an award, so there is hope.
I did work on my submissions during the time I was waiting (the tribunal I went to accepted additional material up to 7 days before the hearing so had plenty of time but not sure if it's the same for every tribunal), but most of what I did was double checked and then submitted through my representatives (I had three over the time period I was waiting, one went on materity leave, one changed jobs). Their help was invaluable.

Maybe you can also get some advice from ME charitise?
Hope this helps.

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