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UC/ESA Tribunal for work capability

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2 years 9 months ago #269449 by Mike1878
Replied by Mike1878 on topic UC/ESA Tribunal for work capability
Thanks LL26,

I will read over what you've said multiple times until it goes through. Its all a lot to take in but you've all given so much good advice here!
Yes I started off thinking surely the pain levels alone would be enough so I emphasied on that rather than how badly I cope throughout the day. But then it became clear I should have done it the other way round. I do actually have a really terrible memory and while I remember my childhood like it was yesterday, I remember yesterday like it was my childhood!! I have to write down every thought I have because it never stays in my brain to be recalled when I need it. Makes me awful in arguments, discussions and of course in cases where I have to prove something face to face at the hearing. That's why I need someone there to bring up all the points that I know for a fact I'll forget, and let myself get lost in the anxiety and my mind just goes blank. I don't like wasting peoples time trying to remember things so I just nod my head and agree.

I am going to have to postpone it I think, as I have nobody to go with me on such short notice. I expected more notice from them over the hearing but also expected the CAB to have me on the shortlist for when I DID ring back with the date! Which they told me to do. I had been in contact with them regularly for over a year.
It's going to be hard to wait another whatever months but it seems like if I go alone I would lose it and that would be devastating.
Do you know how long it might potentially take?

I just worry about the pressure the Job Centre are putting on me to find work. I keep telling them I cannot focus on anything for more than a few minutes. I can't adhere to set schedules as I don't have a routine in my sleep, and of course I feel at risk of accident every time I travel unnecessarily. They listen to all that, and then they say "oh well there are jobs out there that support people with disabilities."
I feel like I never get taken seriously. Like am I going mad or is everyone else?
Sorry for blithering.. I don't really speak to people anymore so I am having a little moan.
You people on here are the only ones who have listened to me apart from a couple of close friends. I think migraines are something that gets totally overlooked and underestimated by the system.

I will have my sleep apnoea results back soon so that is one positive thing. Covid pushed the whole process back by 2 years.

Cheers

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2 years 9 months ago #269450 by Mike1878
Replied by Mike1878 on topic UC/ESA Tribunal for work capability
Hi denby,

Thanks I will ring them tomorrow. Have had a look at the site and it seems good. I doubt they will be able to help in such a short time but maybe if i postpone the hearing they will have more time for me than the CAB have. I don't blame them though, they're juggling too many cases.

Cheers

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2 years 9 months ago #269451 by Mike1878
Replied by Mike1878 on topic UC/ESA Tribunal for work capability
Hi PDix,

Yes I agree, Sleep Apnoea is very serious. I watched a very recent documentary about it from BBC Horizon. It scared me because I have gone unchecked for years with it I suspect. It hasn't been proven yet but all the signs are there. I stop breathing often for long periods until someone shakes me hard to wake me up. I sweat in my sleep like ringing wet even when its cool in the room. My heart races and I often wake up choking because my throat is like rough sand. And of course the snoring.
Hopefully they find what they need from the recent tests. I had to wear a machine to sleep in but as I told them at the time.. I only sleep for 2-3h so I hope its enough to get a good reading! They also took my blood.

The CAB were right though, the DWP didn't really consider any of that at all. There doesn't seem to be anything in their process that accounts for sleep disorders or how it affects me. The way they seem to see it is if you can still zombie yourself to work without being aided some way you're fine. I scored 0 points and it was looked at again and didn't change.

I hope that the people at the Tribunal think more humanely.

Thanks so much for the info. I will check that website also!! So much help here in such a short time! I wish I had come a year ago but I trusted CAB as they initially seemed to have a plan!

Cheers

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2 years 9 months ago #269455 by BIS
Replied by BIS on topic UC/ESA Tribunal for work capability
Hi Mike

You have not been 'blithering'. There is nothing worse than people not understanding conditions that have a debilitating effect on your life. You have to do what is right for you, but I think your chances of success will be improved if you can rewrite some of your evidence for the tribunal. Being that you have memory problems because of the frequency and depth of your migraines it would be challenging to try and explain what you are saying might vary from what you have previously written (even though that was down to advice you were given). Whatever you decide - let us know if you need any more help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 9 months ago #269465 by Mollie
Replied by Mollie on topic UC/ESA Tribunal for work capability
There is also the detrimental effect the constant lack of sleep has on your cognitive abilities. Several years ago there was a tv programme in respect of sleep apnea and HGV drivers with road traffic accidents. There had been numerous accidents in good weather with no vehicle issues and the reasons were given as driver error. Basically, after lots of bits and bobs, they got an HGV driver who had sleep apnea, to not use his CPAP machine for 3 or 4 nights and put him on a simulator. His cognitive abilities were low and his reactions times were frighteningly slow. Because the effects build slowly over a long period you don't notice it but it could be contributing to your memory problems and migraines. When I applied for PIP I was on my third Blue Badge and got turned down for mobility. They don't read the paperwork properly and what they do read tey don't understand.
The following user(s) said Thank You: Mike1878, denby

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2 years 9 months ago #269466 by denby
Replied by denby on topic UC/ESA Tribunal for work capability
Hi Mike, just want to send assurance that you are not mad. Maybe DWP are maybe it's their bosses, but not us lot on here.
Trouble is that Gov't refuses to recommend any agency that is not free to users so they endlessly mention such as 'Turn2us'. They have their uses but nothing like B&W. Someone said 'there's no such thing as a free lunch', well as far as I'm concerned B&W are as close as it gets at £19.95 a year! So spread the word!
Keep posting Mike we all have your back,
Denby
The following user(s) said Thank You: Mike1878, Gary, LL26

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