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My ESA Decision Has Been Overturned

elainebadkneeelainebadknee Posts: 3,703
edited 2. Oct 2010, 05:33 in Living with Arthritis archive
Hi All

Ive had a better week this week....On a few night this week my knee has felt kind of normalish, ie when ive gotten up from sofa its not felt as weak, getting out of bed it was less sore.....
This morning got up, had my breakfast, was thinking what can i do today and the phone rang. I fully expected it to be a member of the family but it was my legal aid solicitor asking had i had a letter from DWP? I said no and she said she had, and she had asked them to look at my case again and they had written to her saying the decision was in my favour....She said she didnt know what that was exactly so we proceeded onto a conference call giving them permission for her to talk to them...The man then said that id been put in the work support group now and that i didnt need to send any more sick notes, my benefit has risen from 65.45 to 91.40 a week and that they were going to backdate my claim from end of march, im basically getting 500.00+ into my bank next week...I do have to see my disability advisor from time to time (dont know how regular yet but think its about monthly or six weekly) and as long as i attend and listen then i dont get benefit cut.....
So ive passed the medical, we still dont know yet what swung the decision in my favour, will get documentation next week to explain all....I know i can work again and they finally see that but its been a struggle but i must have appealed to someone's better nature somewhere and its worth it now...The pressure is off, i dont need to attend another medical till next March, i can pay my folks some money now and i dont need to keep badgering the doctor for sick notes...
So Id say to anyone else who is appealing and awaiting tribunal date, dont lose hope, it may happen to you too, I didnt think it would go my way but somehow it has........
Hope this gives hope to others on here.......

Whoopee!!! :lol:


  • barbara12barbara12 Posts: 20,860
    edited 30. Nov -1, 00:00
    Hi Elaine
    That is brilliant news, about time things went your way, It will certainly gives others on here the confidence to go ahead with appeals.
    Lots of love
    Barbara xx
  • dorcasdorcas Posts: 3,538
    edited 30. Nov -1, 00:00
    Oh Elaine!

    what great grrrreat news . I am so happy for you!

    how wonderful to have had the decision over turned. :D:D and without having the tribunal...is that right?

    gives the rest of us lot some hope. :wink:

    it also confirms that you do have a significant condition so perhaps? your family will now realise that and be more supportive.

    lovely news Elaine.... remember to give yourself a wee treat too out of the back payment. :wink:

    congrats (((hugs)))

    Iris xx yipee! indeed
  • nearlybionicnearlybionic Posts: 2,204
    edited 30. Nov -1, 00:00
    Hi Elaine
    I am really pleased that you have had this great news. I am sure it will make a big difference for you xx
  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Barbara

    Well i thought i was a goner so it was a shock but a nice one mind...Hopefully others will post on here saying they have had decisions overturned too...

  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Iris

    Well yes i think after seeing my new consultant things have gotten better most definitely...I was kind of willing to go t tribunal and speak up but wouldnt have wanted to.
    Youre right also, they recognise ive got quite a poorly knee which isnt gonna get better like a dose of flu would, at last.
    I will be modest with my money, just give board now to folks and suppose lot of it will take the worry out of crimbo shopping expense now.

    Thanks for all support

  • elnafinnelnafinn Posts: 8,043
    edited 30. Nov -1, 00:00
    Fabtastic news Elaine :D:D:D

    Elna x
    The happiest people don't have the best of everything. They just make the best of everything.

    If you can lay down at night knowing in your heart that you made someone's day just a little bit better, you know you had a good day.
  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi NB

    Yes it will make a difference now and mentally wont feel as if im not believed too..

  • salamandersalamander Posts: 2,028
    edited 30. Nov -1, 00:00
    hi Elaine, great news! Am very pleased for you.
  • frogmortonfrogmorton Posts: 26,002 ✭✭✭
    edited 30. Nov -1, 00:00
    Oh elaine!!!!!!!!!!!!!!!!!!!!!!!!!!

    Wonderful news for you :D:D:D

    Brilliant a great victory for you and it feels like for ALL of us on here too :)

    You and Sol better open a bottle tonight :wink:


    Toni xx

    Toni xxx
  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Toni

    Its good news and unexpected yes aint it?

    You know i dont drink much at all now...Had a few cans at weekend and hadnt had any prior to that for about a fortnight....Id rather have a decent painkiller nowadays....
    Gonna go for a swim tonight and no His Royal Frogginess isnt allowed ....


    Hope we hear about more good news on here.......?
  • lavenderladylavenderlady Posts: 409
    edited 30. Nov -1, 00:00
    Well done Elaine I dont these people really know how much pressure it puts on us which only adds to our suffering but congratulations on winning them round lets hope it happens to more of us ,
  • StarburstStarburst Posts: 2,546
    edited 30. Nov -1, 00:00
    Fab news!! Really pleased for you. Perserverance pays off. :)
  • coco67coco67 Posts: 2,441
    edited 30. Nov -1, 00:00
    fantastic news :D
  • psyartpsyart Posts: 600
    edited 30. Nov -1, 00:00
    Brill news - so glad for you :!: :!:

    have got my medical next week so will see how they are with me :?: :!:

    Glad its taken pressure off you now and you can least look forward to xmas!!!

    Louise xx
  • janie68janie68 Posts: 1,186
    edited 30. Nov -1, 00:00
    So they saw sense in the end? About time!

    This is brilliant news Elaine, you can now plan your return to work in your own time instead of trying to get any job you can get for the money.

    Have a good weekend, enjoy it if you can.


  • ironicironic Posts: 2,386
    edited 30. Nov -1, 00:00
    Hi Elaine,
    Wow what a turnaround for you. I am so chuffed for you. You must be so relieved to get some regular income coming in. What a difference the few weeks have brought to you.
    Long may it continue.

    Lv, Ix
  • loricalorica Posts: 187
    edited 30. Nov -1, 00:00
    Great news Elaine, im so pleased for you. :D:D

  • julie47julie47 Posts: 6,142
    edited 30. Nov -1, 00:00
    Hi elaine great news

    Glad some of your pressure had been taken away now.

    You will feel tonnes better.

    Take care
    JuliePF x
  • haaganhaagan Posts: 84
    edited 30. Nov -1, 00:00
    well done, it proves that all the preserving plays off some times.

    it's a big weight of your mind and the lump sum is very useful, i bought new computer with mine. the back to work meetings seem to vary depending on person giving them. mine understood that i was not ready to go back to work and was very supportive.
    when i had med this year i was ready for them and had no prob in getting it continued.
    you are another in the postives for ESA but we don't need the grief in getting what we need. Fay :D:D:D
  • speedalongspeedalong Posts: 3,347
    edited 30. Nov -1, 00:00
    That is great news Elaine, sounds like your luck is finally turning - op wise, financially ...

    Well done,

    I have had OA since mid twenties. It affects my hips and knees. I had a THR on the left aged 30 and now have a resurface-replacement on the right - done May 2010.
  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Thanks to LavendarLady, Princess01 and Coco for well dones, congrats...

    Hoping this will be like a rash on forum - ie more decisions will get overturned like mine..

  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Louise

    Is that your first med or renewal one? Hope it goes well for you and if its first one dorcas did a good point to study as to what they look for..

    Crimbo is better now but ive got 7 nieces/nephews and they in turn have churned out 9 kids of their own.....Like rabbits they are...

  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi Janie

    Well yes thats right and i think bloke at jobcentre is quite laid back who is disability advisor...apparently need to attend but not as often as with jobseekers but got to listen to advice and consider.....Im really hopeful of surgery in new year so can rebuild after then.....

    You have a good weekend too.

  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Hi I

    Well yes rather than measly 65.45 its 91.40 which aint lots more but enough to contribute to food bills etc....And yes think occtober can keep getting better.

  • elainebadkneeelainebadknee Posts: 3,703
    edited 30. Nov -1, 00:00
    Thanks for that Mark...

    :-) Elainex
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