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appeal re: fibromyalgia.

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6 years 10 months ago #190032 by soxie
appeal re: fibromyalgia. was created by soxie
I have my appeal for pip in 2 weeks I get very nervous and tend to get worked up when stressed should I write everything down I want to say and just read from that? otherwise i'm concerned I will forget something. Or should I just wait till I am asked questions?. Has anyone with fibromyalgia been though appeal as it is very hard to get across to people how this affects me, I was actually told by someone at the dwp that they viewed fibromyalgia as a condition they had not a lot of information on as it varies so much from person to person.

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6 years 10 months ago #190041 by Gordon
Replied by Gordon on topic appeal re: fibromyalgia.

soxie wrote: I have my appeal for pip in 2 weeks I get very nervous and tend to get worked up when stressed should I write everything down I want to say and just read from that? otherwise i'm concerned I will forget something. Or should I just wait till I am asked questions?. Has anyone with fibromyalgia been though appeal as it is very hard to get across to people how this affects me, I was actually told by someone at the dwp that they viewed fibromyalgia as a condition they had not a lot of information on as it varies so much from person to person.


You said in an earlier post that you had written to the Tribunal Service about the problems you have with the PIP activities, it would seem to me that you should refer to this at your hearing as the panel will have a copy of this.

You need to be careful of producing additional documents at the hearing as it can result in it being adjourned if the panel take it as something that they should have had access to. You can get around this by sending the TS a copy but if you do then it needs to be with them no later than seven days before the hearing.

Gordon

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6 years 10 months ago #190084 by BIS
Replied by BIS on topic appeal re: fibromyalgia.
I don't know what you put in your original form and Gordon has advised you about the danger of introducing additional information. However, I would advise you write to them (within the time frame mentioned in Gordon's reply - 7days before and tell them about the difficulties you may have at the tribunal.

I have not been through an appeal but I do have fibromyalgia. It is very different for everyone, but the sort of things you may want to mention could include.
1)Exhaustion - which limits your concentration and ability to stay awake.
2) Pain - which limits your ability to concentrate - the need for a break and the need to move around.
3) Difficulty in hearing - due to pain
4) Difficulty in making eye contact - because of pain - they need to understand you're not trying to ignore anyone on the panel.
5) The need to have things written down - because the pain means you cannot always react spontaneously.
6) Need to take frequent sips of water even in the middle of giving an answer
7) The fact that your pain levels will have increased dramatically because of the stress of the tribunal and therefore you cannot be hurried for answers.

etc etc.
You will probably have examples of your own. My point is that they need to understand it's not just what is written in your evidence - which is your whole life and how the condition impacts, but they need to understand through the appeal that your condition will deteriorate even more. (That's not to try and get out of it - just they need to give you time)

Best of luck

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6 years 9 months ago #190494 by soxie
Replied by soxie on topic appeal re: fibromyalgia.
I just got a letter from my consultant today which explains my condition and how it affects me, my appeal is in 2 days time so I can't send it in can I submit it on the day I was originally told there was a waiting time of a year for my appeal so felt I had plenty of time to gather info when I fact I waited 3 weeks which gave me no time.

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6 years 9 months ago #190535 by Gordon
Replied by Gordon on topic appeal re: fibromyalgia.

soxie wrote: I just got a letter from my consultant today which explains my condition and how it affects me, my appeal is in 2 days time so I can't send it in can I submit it on the day I was originally told there was a waiting time of a year for my appeal so felt I had plenty of time to gather info when I fact I waited 3 weeks which gave me no time.


Providing it is no more than a side or two of A4 it should be accepted, it will help if you take copies with you, five plus one for yourself.

Does the letter make it clear that it is applicable to the date of the Decision being appealed, if not then there is a possibility that the Judge may rule it as inadmissible.

Gordon

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