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ESA Appeal for ME/CFS
- Gordon
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14 years 3 months ago #25604 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
ESA Appeal for ME/CFS was created by Gordon
Hi - I have just joined the forum and would appreciate any advice or sugestions on how to approach and present an appeal for an ME/CFS sufferer.
I have had my initial adjudication and scored no points whatsoever on the assessment, although from comments this now seems to be standard practice.
In particular I am interested in how people dealt with the impact of activity rather than doing of the actvity itself. Having suffered from ME/CFS for over 12 years I have finally developed a daily schedule that is sustainable but very limiting. I tried to get this across in my written response and the medical, but this appears to have been ignored in the DWP/ATOS review.
Also, and probably naively, I was able to complete most of the physical tests without problem, how can I move attention away from these "sucesses" and more towards, as an example, the fact that I was unable to perform any of my normal daily activities for the next two days, because of attending the medical.
Sorry if this is such a broad request, any help would be appreciated.
Steve
I have had my initial adjudication and scored no points whatsoever on the assessment, although from comments this now seems to be standard practice.
In particular I am interested in how people dealt with the impact of activity rather than doing of the actvity itself. Having suffered from ME/CFS for over 12 years I have finally developed a daily schedule that is sustainable but very limiting. I tried to get this across in my written response and the medical, but this appears to have been ignored in the DWP/ATOS review.
Also, and probably naively, I was able to complete most of the physical tests without problem, how can I move attention away from these "sucesses" and more towards, as an example, the fact that I was unable to perform any of my normal daily activities for the next two days, because of attending the medical.
Sorry if this is such a broad request, any help would be appreciated.
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jeff1
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14 years 3 months ago #25612 by Jeff1
Replied by Jeff1 on topic Re: ESA Appeal for ME/CFS
Hi Steve. Look at all the ESA/IB and DLA guides in the members section they are very informative, also type MR/CFS in the search engine (top right of page).Sorry i cant be of much more assisstance at the moment moderators are very short due to illness etc. Best Wishes
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- cdcdi1911
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14 years 3 months ago #25614 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA Appeal for ME/CFS
Hi Steve
ATOS and Decision Makers at the DWP tend to be optimistic and look for any sign of ability towards a particular activity. However case law makes it clear, in most cases, that claimants have to be able to perform these activities ‘with reasonable regularity’ for it to count.
The appeal tribunal is independent of the DWP and have to apply the law; they cannot accept the medical report without question. So you will be able to raise these arguments on appeal.
Look at the ESA appeal guide in the member’s area, as Jeff suggested. The guide book doesn’t give specific advice for ME/CFS appeals, but the appeal process is the same for everyone. You just need to focus on how you disability affects your day-to-day life and causes difficulty with the WCA activities.
Good luck with your appeal
Derek
ATOS and Decision Makers at the DWP tend to be optimistic and look for any sign of ability towards a particular activity. However case law makes it clear, in most cases, that claimants have to be able to perform these activities ‘with reasonable regularity’ for it to count.
The appeal tribunal is independent of the DWP and have to apply the law; they cannot accept the medical report without question. So you will be able to raise these arguments on appeal.
Look at the ESA appeal guide in the member’s area, as Jeff suggested. The guide book doesn’t give specific advice for ME/CFS appeals, but the appeal process is the same for everyone. You just need to focus on how you disability affects your day-to-day life and causes difficulty with the WCA activities.
Good luck with your appeal
Derek
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- Jeff1
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14 years 3 months ago #25643 by Jeff1
Replied by Jeff1 on topic Re:ESA Appeal for ME/CFS
Hi Steve further to what derek has said you could also try the DWP web site and go through the A-Z Medical conditions these are used by decision makers at the DWP, see what it says about your conditions. Best Wishes
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- mayflower
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14 years 3 months ago #25651 by mayflower
Replied by mayflower on topic Re:ESA Appeal for ME/CFS
Hi Steve
When you use the search engine for me/cfs do a second search typing in cfs/me as this will bring up all the results.
Good luck
maggie
When you use the search engine for me/cfs do a second search typing in cfs/me as this will bring up all the results.
Good luck
maggie
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