ESA & DLA Update...!

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lorica
lorica Member Posts: 187
edited 30. May 2011, 03:39 in Living with Arthritis archive
So much has happened in the space of two weeks, and its a long story will try to shorten the story!

ESA... I had medical in nov last year, was refused, so appealed, i eventually got a copy of the report which was very fictional! Had my calm chats with JC+ :wink: to no avail so spoke to MP and he wrote to them. In the mean time, they refuse my appeal (6 months later) and they send my case to appeal (Which will be heard no earlier than the end of Oct) :sad: Last week got a letter from MP to say the JC+ area manager will have my case looked at again if I sent some additional info (Which I had never been told I could send to help my case) Sent all the info. Got a phone call yesterday to say the ruling had been over turned in my favour, so I would now get ESA :eek: :eek: :grin::grin::grin: (the additional documents I sent where the ones I used in DLA Tribunal)

DLA... Appled April 2010 for DLA I was refused, I appealed, refused again, I appealed again and refused this went on till sept 2010 in Sept my case was sent to Tribunal. My hearing was 6 months later. (16 days short of 1st annaversary of applying) :cry: I failed at tribunal my rep was so angry! what he was told was I didnt have proof of saverity of condition when first refused, but with my additional info they could see that from June I was bad, so because I had no documentation setting out how bad I was for May they said No! FAILD :sad: I am now appealing the tribunal, I managed to get documents to prove was bad in May so now awaiting the tribunal appeal :???:

In the mean time I was told to reapply (Welfare rights advisor.) and send the documents I used at tribunal with the application and I shouldnt have a problem. So I did reapplied sent all my stuff off, got a phone call for additional info from DWP, they said they had not received my additional documents yet but they would wait till they had got them, two days later I was refused, they had used according to the letter my additional documents and 6 month old ESA report. Spoke to MP he siad nothing he could do as he agreed with the result, and especially since they said they had used the documents I sent (The same ones I used in ESA appeal) I rang DWP to start appeal process, to be told they had never recieved my documents and the additional info was what they got from me over the phone...! :x And what helps me aswell is the fact I have now been awarded ESA so it puts some doubts on the report they used for DLA. I still have a fighting chance of over turning DLA..... :lol:

Hope this makes sence

Mark

Comments

  • cpontefract
    cpontefract Member Posts: 73
    edited 30. Nov -1, 00:00
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    Goodness Mark, I really feel for you!!

    This system is sooo stupid filled up with procedures that dont work!
    However if you put on your had an alcohol and drug problem you would probably receive it straight away!!!

    Im in the process of re-applying for ESA after finding out when they refused it last time it was based on a possible broken wrist and not the update I gave them of having arthritis!!
    I have my fingers crossed for you, gently of course!! x
    Claire
    Keep Smiling :D
  • frogmorton
    frogmorton Member Posts: 29,428
    edited 30. Nov -1, 00:00
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    Hi Mark

    really good to see you :smile:

    You have done so well to date and by the heck you ahve some staying power sometimes l think that is what they rely on...us giving up before they do!!

    I agree 100% with invioving the MP and wonder if in light of the fact they got thier additional information wrong.....he/she would support you again now?

    I am well-imprssed with your determination and hope it gives others hope to keep on trying.

    Love

    Toni xx
  • dreamdaisy
    dreamdaisy Member Posts: 31,520
    edited 30. Nov -1, 00:00
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    Well done on the ESA lorica, that is good news and I hope they stick to it! As for the other, well I don't know what to advise apart from keep fighting. Hopefully having the one will help the other. I wish you well. DD

    PS How's the meth going for you now? Any better?
    Have you got the despatches? No, I always walk like this. Eddie Braben
  • lorica
    lorica Member Posts: 187
    edited 30. Nov -1, 00:00
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    Hi all and thanks for the comments,
    I spoke to my Welfare rights advisor today, he agrees that now ESA have changed their decision, then DLA will have to look at my application again, with the medical documents and will have to drop the ESA medical evidence. so fingers crossed lol

    DD the MXT is going ok, still get some side affects, mainly fatigue. Just need to get use to the Sulfasalazine now as well. I will soon need a shopping trolly to carry all my medication.... :lol:

    Mark
  • bubbles
    bubbles Member Posts: 6,508
    edited 30. Nov -1, 00:00
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    Oh Mark, what a trial is all is. I am sure the whole system is designed for people to give up the fight and when you hear the horror stories and hoops that they put people through, it is SO wrong, on so many levels.
    As had been said, put on your form that you are alcohol and drug dependent and you would have the cheque in the post the next day. Those are two lifestyle choices, for whatever reason, some very sad and terrible cases I know, but, we are not making a lifestyle choice, we are not disabled for the fun of it and we need help, end of.
    I am so glad that you won the ESA battle and I so wish you success with the DLA, we have to win the war, not only the battles, a sad reflection I feel, to the truly disabled people.
    XX Aidan (still known as Bubbles).
  • princess935
    princess935 Member Posts: 90
    edited 30. Nov -1, 00:00
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    it doesnt suprise me, its how they seem to work now, with me they sent for rheumy report, didnt get it back so didnt phone to chase it, and the rheumy didnt even get it,went to gp, who didnt recieve letter from rheumy confirming diagnosis, was refused dla and now they say they dont have to resend letter to rheumy.

    Maybe they are being told to just mess people about so much that it makes their illness worse and they cant cope with the stress, and hope they will give up.

    Just not fair, hope you get it sorted x
  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -1, 00:00
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    CONGRATULATIONS!!! I'm so pleased for you and you should get back pay! :grin: I had the same thing happen to me, only it was a letter. My husband was home when I read it and I had to give it to him to check I'd got it right :smile: I couldn't believe the words I was reading!!! :smile: Love Sue xxxx
  • lorica
    lorica Member Posts: 187
    edited 30. Nov -1, 00:00
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    Hi Sue,

    It took me ages to register in my mind that i had finally won the battle with JC+ it was almost like a little bit of weight had finally lifted from my shoulders, just DLA to sort out next :???:

    Mark
  • julie47
    julie47 Member Posts: 6,041
    edited 30. Nov -1, 00:00
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    Hi Mark

    Congratulations on getting the esa.

    They are really making it hard for you and good for you to keep trying.
    I wish you luck with the dla

    Juliepf x
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