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Six month wait, only to be refused ESA
- Meadow
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13 years 2 months ago #48244 by Meadow
Six month wait, only to be refused ESA was created by Meadow
I have never posted on a forum before but just want to tell about my daughter's situation and see if anyone else has had a similar experience.
My daughter suffers from fybromyalgia and depression - the fybromyalgia causes her chronic headache and face pain which she has had for ten years. In August her Incapacity Benefit was stopped and when she re applied she was refused at the medical. We are appealing and in the mean time she was advised to apply for ESA. By this time I had found Benefits and Work and we used your advice in completing the form at the end of October. The problem is that my daughter suffers from chronic pain and exhaustion but it is very difficult to quantify this on the physical part of the form. It seemed the mental health part described her problems better.
I went with her to her medical on 16th November 2010 when she was so unwell and in such pain the examiner said she did not want to examine her physically because she did not want to hurt her. We were told that it would be about 2 weeks before we heard the outcome. My daughter had been without financial support from her benefits since August so I said I would continue to help her fo a couple of weeks. I continued to support her - what else could we do? -and she heard today the 17th February 2011 AFTER THREE MONTHS that she had been refused ESA because she only scored 12 points.
She is devastated and distressed. She has only been able to continue over the last six months with family help. I have been ill and only earn minimum wage so what on earth do people do if they have no family or friends to help. I could not believe that my daughter had scored so few points and been refused ESA. It is now six months since her Incapacity Benefit was stopped, it seems to me our government is starving genuinely ill claimants off benefits and how their computer system quantifies pain and suffering is beyond me. I'm sure we will try to gain new strength to fight but at the moment I am so disheartened and my daughter remains ill and disheartened.
My daughter suffers from fybromyalgia and depression - the fybromyalgia causes her chronic headache and face pain which she has had for ten years. In August her Incapacity Benefit was stopped and when she re applied she was refused at the medical. We are appealing and in the mean time she was advised to apply for ESA. By this time I had found Benefits and Work and we used your advice in completing the form at the end of October. The problem is that my daughter suffers from chronic pain and exhaustion but it is very difficult to quantify this on the physical part of the form. It seemed the mental health part described her problems better.
I went with her to her medical on 16th November 2010 when she was so unwell and in such pain the examiner said she did not want to examine her physically because she did not want to hurt her. We were told that it would be about 2 weeks before we heard the outcome. My daughter had been without financial support from her benefits since August so I said I would continue to help her fo a couple of weeks. I continued to support her - what else could we do? -and she heard today the 17th February 2011 AFTER THREE MONTHS that she had been refused ESA because she only scored 12 points.
She is devastated and distressed. She has only been able to continue over the last six months with family help. I have been ill and only earn minimum wage so what on earth do people do if they have no family or friends to help. I could not believe that my daughter had scored so few points and been refused ESA. It is now six months since her Incapacity Benefit was stopped, it seems to me our government is starving genuinely ill claimants off benefits and how their computer system quantifies pain and suffering is beyond me. I'm sure we will try to gain new strength to fight but at the moment I am so disheartened and my daughter remains ill and disheartened.
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- Gordon
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13 years 2 months ago #48253 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Six month wait, only to be refused ESA
Meadow
Your daughter is entitled to appeal the ESA decision, however, if she is thinking of doing this, then she should seek face to face advice with your local CAB and/or Welfare Rights office.
If she does appeal, she would be entitled to the ESA Assessment rate until the appeal is heard. She should have been in receipt of this while she was waiting for a decision to be made, so I am not sure why you say she has "been without financial support", unless there are other factors that have prevented payment, if this is the case, then passing the medical may make no diference to her payments.
Whilst Fibromyalgia can be very difficult to map against the WCA tests, it can be done and we have many members who have been able to do so, although sometimes only after going to a Tribunal.
Please let us know what she is going to do.
Gordon
Your daughter is entitled to appeal the ESA decision, however, if she is thinking of doing this, then she should seek face to face advice with your local CAB and/or Welfare Rights office.
If she does appeal, she would be entitled to the ESA Assessment rate until the appeal is heard. She should have been in receipt of this while she was waiting for a decision to be made, so I am not sure why you say she has "been without financial support", unless there are other factors that have prevented payment, if this is the case, then passing the medical may make no diference to her payments.
Whilst Fibromyalgia can be very difficult to map against the WCA tests, it can be done and we have many members who have been able to do so, although sometimes only after going to a Tribunal.
Please let us know what she is going to do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- helenlegs11
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13 years 2 months ago #48260 by helenlegs11
Replied by helenlegs11 on topic Re:Six month wait, only to be refused ESA
Hi Meadow,
I can imagine how devastating this situation is for your family especially your daughter. Pain issues are so difficult to quantify and relate to other people. I mistakenly thought that a medical professional would understand my sciatic pain etc and my limitations at my medical, how stupid was I. nil points. . . Follow all the advice on here and go for the tribunal armed with that extra "inside" info. Just be prepared for a long wait, the whole system is in such a mess.
Helen
I can imagine how devastating this situation is for your family especially your daughter. Pain issues are so difficult to quantify and relate to other people. I mistakenly thought that a medical professional would understand my sciatic pain etc and my limitations at my medical, how stupid was I. nil points. . . Follow all the advice on here and go for the tribunal armed with that extra "inside" info. Just be prepared for a long wait, the whole system is in such a mess.
Helen
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