IB & DLA stopped after ATOS Medical

Hi Kriss, Could you not get your MP involved? Best Wishes

Hi Kriss.

I really feel for you. I cannot understand why people with CFS are regularly failing IB/ESA assessments. Both are supposed to take into account fluctuating conditions or is 'fatigue' the sticking point?

On what sort of medical grounds were the original decisions overturned at appeal?

Do the tribunal decisions not become part of the medical evidence that is kept on file for when a claimant's benefit is reviewd next time?

Is it because the combined physical and mental health descriptors fail to address the functional limitations the illness creates or is it that inappropriate cynicism about the condition interferes with the process in some way?

As you were awarded 3 points on mental health descriptors it is clear that that part of the test was applied to you. However i can envisage a situation where claimants may be reluctant to focus on the MH descriptors and assessors the physical ones (or possibly the other way round!)

Regardless of whether the illness is primarily physical or mental in origin, I cannot understand how someone who has been suffering with fatigue and no doubt a complex mixture of debilititating symptoms for years can be deemed fit for work.

I hope you have support with all this and hope your appeals are successful.

Take good care of yourself.

Hi kriss
I am so sorry to hearof everything you have gone through -it beggars belief, except sadly it's all too common.
The guides on this site are excellent & if you type CFS/ME & ME/CFS into the search facility you will find lots of posts from B&W members who have CFS/ME.
I too have CFS/ME (& depression, not directly related to the CFS/ME) & having earlier this year joined the ME Association I received lots of information leaflets etc which I have been able to share with my GP. I passed the ESA medical earlier this year having used the B&W guides when completing my form & managed to score 18 on the physical descriptors & 15 on the mental health descriptors. Without the guides I wouldn't have thought to provide all the detailed information about how my conditions affect me on a daily basis.
Wishing you luck with your claims & appeals
maggie

Hi All,

Thanks for your support, the site is great and is really going to help with my ESA claim.
Going back to the previous Appeals I have won only on Mental Health Descripters 15c,e and f. 16c, 17d and e, 18a and d (moderators can remove descripters if deemed inapropriate)not CFS
Now I have another problem....my Doctor.
Went to the Doctors as I was told I had to get a FIT NOTE to send with ESA form. Doctor was reluctant to do this as he believes that everyone should do a job of some sort, as a broken arm ect can be seen but conditions such as mine are harder to treat as they can't be seen (I would imagine he was also refering to Mental Health,M/E and other hidden illnesses. He also gave me into trouble about a complaint made against another practise doctor, which had already been deal with the Practise Manager, then asked if I needed any medication. The fit note he gave me hadn't been ticked as to wether I couldn't work or that I was fit to work with support. The box that the Doctor would write about your Illness said 'Is given because of going to Appeal'. Under that he wrote for the next 4 weeks and signed it at the bottom.
Complained to the Practise Manager again who offered me another appointment with the same Doctor, I refused and she agreed that I could pick up a new FIT NOTE tomorrow. I am now going to transfere to a new Doctor.
So the delays are setting in already trying to get the form sent back.
Hope I find a more understanding Doctor this time round.

Hi Kriss, I am disgusted with your GP and am really glad you have got the courage to both challenge your 'Fit Note' and to get another GP.

Wishing you luck,
Best wishes,
Rachel