I won my ESA appeal

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traluvie
traluvie Non-active member Posts: 2,579
edited 25. Jun 2012, 11:50 in Living with Arthritis archive
As most of you know i applied for ESA(employment and support allowance) last February. I had a medical June by someone who wasn't even a registered doctor. When the medical report come in the post i thought it was for someone else as it was full of lies and had missing vital information regarding my condition that i had told him. He said i was fit for work and should be back in employment within 3 months..Yeah right, i wish...
Anyway last June i was dismissed from work on ill health grounds and i began the process of appealing the decision....
I got in touch with CAB(citizens advice beareu ) and together we put together my submission along with a letter from my doctor,consultant and pages from my blog. I didn't realise it would take a year for the appeal to be heard. What a long year that was, stressing about it wondering when it was going to be D-day..
So few weeks a go i finally got the date through,22ndJune, I was crapping myself to say the least..I had no faith in the system and even contemplated not going as i seriously thought i had no hope..Then i heard a little voice in my head that said "when have you ever given up before" and it was right, i haven't given up before and why should i give up now just because i am not well.
I woke on Thursday feeling naff. My hips were sore and i was dreading it.
Although my partner and i are not together anymore, he did come with me to support me Thursday and i was glad he was there to keep me going.
When we finally got to where the hearing was being held, i felt awful, but i was trying not to let the pain get me down and kind of ride through it until the hearing was over.
As we approached the desk i was asked if i can use the stairs as the lifts were out of action(this is something i believe they use to catch people out) Straight away scott said no, and we were then ushered upstairs using the staff lift, in the waiting room the chairs were very low to the floor probably another ploy to catch people out.There were only 3 high backed chairs with cushions that were suitable for someone with similar difficulties as me to sit on...shocking..
The clerk come out to introduce herself and explained that there was a doctor and a lady judge on the panel who are independent and have nothing to do with the Department for work and pensions.This made me feel a bit better. Also my CAB officer was here involved in a earlier case and will be able to come into my hearing and support me, another bonus i thought..
The previous hearing was running a little late and i was getting uncomfortable and agitated waiting, and the longer i was in the waiting room the more nervous i was getting.
After waiting half an hour it was my turn to be called in. In the room there was no chairs high enough for me to sit on so scott was allowed to bring the high back seat i was sitting on in the waiting room.
Was introduced to the doctor and the judge who seemed ok and made me feel a bit more at ease.
They explained to me that they were going to access the appeal based on my form i supplied last year and that i was to try and remember as best as i could how my illness was affecting me at the time... Great one i thought..
The doctor was the first to ask me questions. He asked me to explain how i was last year and how my condition is now, what difficulties i faced, medication,any help from OT,Physio etc.. The doctor seemed to be very happy with the answers i was giving him and obviously could see i knew what i was going on about and wasn't making it up.. phew i thought..Then it was the Judges turn to ask me questions..what a **** she was lol...She asked me questions different ways to try and catch me out, asked me how i didi various things, questioned me again and again on things i had put in my form and whether i could back up the answers i had given etc..I knew i had told them everything i could but when i came out after 45 minutes i really thought i hadn't won..
Was told to wait in the waiting area while they made a decision, i didn't want to go back in the room, it was a mission getting there as it was i didn't fancy going back in to be denied.
After 5 minutes of waiting the clerk called us to go back in and i let my CAB officer do it for me..when he came out he showed no sign on his face of anything, when he handed me the paper and it said appeal allowed , i was shocked.. i couldn't believe it, I won, after a year of stressing i had won, woo hoo. I thanked my CAB work for his help and assistance and he said he was happy that i had won as i deserved too..

Since Thursday the news is slowly starting to sink in that i have won my appeal, i am just suffering now with my hips and back big time and walking is a real problem at the moment. I am sure when i get my money backdated from what they owe me it will finally sink in and then i can celebrate...
th_tn_TisFORTIGGER.jpgxxTracyxx

Comments

  • dreamdaisy
    dreamdaisy Non-active member Posts: 31,520
    edited 30. Nov -0001, 00:00
    Well done my lovely, well done indeed. :D ((())) DD
    Have you got the despatches? No, I always walk like this. Eddie Braben
  • Numptydumpty
    Numptydumpty Member Posts: 6,417
    edited 30. Nov -0001, 00:00
    Tracy it sounds horrendous! Well done you for seeing it through, I'm really pleased for you.
    All the best,
    Numpty
  • diamond
    diamond Non-active member Posts: 396
    edited 30. Nov -0001, 00:00
    Great news well done for keeping on this till you got result you deserved.xx
  • mig
    mig Member Posts: 7,154
    edited 30. Nov -0001, 00:00
    Many many congratulations so very pleased for you.Mig
  • elainebadknee
    elainebadknee Bots Posts: 3,703
    edited 30. Nov -0001, 00:00
    Traluvie

    I happy that you won your appeal and that your partner even though like you said youre not together anymore was there for moral support....Im glad you were wise to their tricks with the lift, chairs etc...

    Great news

    Elainex
  • stickywicket
    stickywicket Member Posts: 27,764
    edited 30. Nov -0001, 00:00
    Well done, Traluvie! I well remember your first go at this and was shocked by what had happened. All credit to you for persevering, even when it came to persevering st the actual appeal. I'm very pleased and relieved you've finally got it.
    If at first you don't succeed, then skydiving definitely isn't for you.
    Steven Wright
  • pinkbritishstars
    pinkbritishstars Non-active member Posts: 731
    edited 30. Nov -0001, 00:00
    Well done :-) xxx
  • resusjan
    resusjan Non-active member Posts: 290
    edited 30. Nov -0001, 00:00
    Oh well done you! Thats brilliant news. I must say, I'm shocked at the tricks they pulled. The more information the rest of us can get on how their minds work, the better.

    You must be so relieved. Well done......enjoy your weekend
  • earthspirit
    earthspirit Bots Posts: 278
    edited 30. Nov -0001, 00:00
    absolutely very well done!

    when you are telling the truth and are able to speak for yourself and answer in great detail then you cant be caught out.

    if people cant explain what they have written on forms or explain how they actually manage to exist then appeals are denied.

    i went through a DLA appeal twice & got the heaviest questioning ever - i have also been a witness in a criminal court case & was heavily interrogated over evidence i had given - the dla case was far more intense.

    i dont know you as i have recently joined the forum but i am smiling here for you. enjoy spending your backdated money!
  • sbolam
    sbolam Non-active member Posts: 374
    edited 30. Nov -0001, 00:00
    Thats fab news..I am really really pleased for you.

    its nice to hear some good news coming from the ESA farse.

    stephen
    04_pain.jpg
  • traluvie
    traluvie Non-active member Posts: 2,579
    edited 30. Nov -0001, 00:00
    Thanks all,

    I am so relieved and thankful its all over.. :D
    th_tn_TisFORTIGGER.jpgxxTracyxx
  • fowls48
    fowls48 Non-active member Posts: 1,357
    edited 30. Nov -0001, 00:00
    Well Done


    Nice too hear good news for a change .
  • petals
    petals Non-active member Posts: 217
    edited 30. Nov -0001, 00:00
    It is unbelievable that they put sick people through all this. Well done to you, I am so pleased for you but so sorry it has been so hard.

    Congratulations Petals X
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -0001, 00:00
    Tracy I am so very pleased for you, you carried on fighting and you won, like you say,they do try to trip you up with things, so good on you for mentioning these it will help others, now you can relax and this in itself will help you.
    Another thing I am glad your ex partner went with you , how nice.
    You take care xxx
    Love
    Barbara
  • Heather65
    Heather65 Non-active member Posts: 262
    edited 30. Nov -0001, 00:00
    Well what a ordeal it sound terrible but im glad you won ,well done yuo can atleast relax a little,
    Heather :)
  • Madonna
    Madonna Non-active member Posts: 22
    edited 30. Nov -0001, 00:00
    Good on you :D

    I'm sorry you had to go through soo many hoops and delighted you eventually got a positive response - you really deserve it.

    Having recently (after 38yrs working full-time) just been awarded 0 points and starting the appeal process :? your post is informative and a great boost.

    Take care
  • frogmorton
    frogmorton Member Posts: 30,425
    edited 30. Nov -0001, 00:00
    Fabulous news Tracy!!

    I am over the moon for you :D

    Proof that it CAN be done and thanks for posting so anyone struggling now knows that they CAN win :D

    Love and hugs

    Toni xxx

    (the beer's on you then :wink: )