ESA and DLA claims and appeals

Hi
Have been busy browsing the forum seeking some enlightenment regarding both the above.

I have just had my DLA renewal turned down partly based on my ATOS medical which was carried out in August 2010 (of which I am in the process of appealing having found that the medical report doesn't even mention my fibromyalgia at any point despite having been discussed and that the meds i was taking to manage my sypmtons have been listed to show me as suffering from depression.

This was my 2nd ESA claim following a failed appeal back in May 2010 when i was advised to reclaim - what they didn't tell me was that no benefit would be paid until the medical.

Was advised after the failed ESA to sign up for JSA in order to have monies to live on and to back date the claim back to my last ESA payment. The JSA was awarded however the back claim was denied despiting completing a form to show looking for work (again as advised by the benefits help line)

My JSA Disabilities Employment Adviser has restricted my working abilities to 2 hours per day and has also expressed concern at my obvious ill health which has been impacted on by a deteriorated diabetes problem and inability to take medications due to allergic reactions to them.

My ESA Tribuanl Hearing is currently waiting to be moved to the Upper Tribunal at the request of CAB.

I understood that both ME/CFS and Fibromyalgia are recognised disabilites but have got so confused by all the contradictions not sure where i stand at the moment.

jan wrote:

Hi

I understood that both ME/CFS and Fibromyalgia are recognised disabilites but have got so confused by all the contradictions not sure where i stand at the moment.

they are its just the DWP think no one has it

they get away with this point of view and try it on because of the absence of objective diagnostic tests for both conditions, its a lottery when it comes to drs being able to understand all your problems, good drs are hard to find and the dwp have none working for them

you have to get as many reports and back up you can get and fight them

Hi Jan

ME/CFS is definitely recognised and accepted as real and debilitating by the DWP for incapacity benefits purposes. I have been awarded higher rates of DLA and support group ESA purely based on my level of incapacity due to severe ME/CFS.

Good luck with your appeal,
Rainbowlight

Hi Dave and Rainbowlight,

Thank you both for your comments.

Did have varous occupational health reports and from our local hospital based ME/CFS unit last year when i first signed up.

Since then all I have is my GP as I haven't been referred to the local hopsital etc. It seems to me that they look for these referrals to substantiate your claim - how does one go about reinforcing a condition without these and not being on medication for them because your body doesn't like them? From what I can see it makes it harder without these bearing in mind folks stance on these two condition.

You could keep a diary for a while to record how your days are and their variation.