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Positive About Fibro

A support forum for all sufferers of fibromyalgia across the UK. Because there's no support like fibro support.
 
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 My Stupid Appeal

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Bulbie
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Bulbie


Posts : 43
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Join date : 2009-10-01
Age : 40
Location : Fife

My Stupid Appeal Empty
PostSubject: My Stupid Appeal   My Stupid Appeal Icon_minitimeWed Oct 07, 2009 10:01 pm

Well, it's begun. I've launched an appeal against the decision to stop my ESA. I went for my medical on the 20th August, barely able to move that day. Did all their stupid tests and answered the questions I'd already answered in the form they'd sent me out asking for more information. Based on the medical that day alone and my form, they came to the conclusion that there was nothing wrong with me. They even show in the letter they sent me, dated 16th September, that they could have asked my doctor if I was just pulling a fast one, but they chose not to. I would have though, since it was so obvious, all the way through the medical and after that they didn't believe a word I was saying that they would have asked her because they would have been sure she would say yes she is definitely pulling a fast one. But no. They didn't bother to ask my doctor. Probably because they knew shed say there was something wrong with me and I really AM only capable of part time work.

So anyway, I sent a letter out asking them to send me a written statement, basically a more in depth reason for them turning me down. Asked them to launch my appeal too, and pay me at assessment rate whilst I was waiting for my appeal date. Two weeks on, and several phone calls later, they have not received my letter. Well, that I don't believe, since they're blaming the postal strike and all our other mail is getting here on time. But apparently they never received a letter from me, even though I have proof that it was written. So I have spent the last few days calling up every day to find out where the letter is. I got a woman today, not the same bloke I have been getting who likes to just tell me oh we haven't got the letter yet, bye. She said the letter was not here yet, so I said ok in that case can you please send me out a written statement that gives me detail on why my money was stopped and an appeal form please. She immediately launched into her well you know why your money's been stopped - you failed your medical because there's nothing wrong with you. So clearly the DWP, and their strangers they get to take the call who knows nothing about me, already believe I will fail my appeal. But I shot her down with a well it does quite clearly state in the letter you sent me that I am perfectly entitled to ask for a written statement. She was nice as pie after that!

So the long and short of it so far is I'm getting the statement sent out and my appeal form, but I highly doubt it will get here and I'll get it all back to them in time now. So I'll have to wait on all of this coming through before I can contact the CAB again. I'm fairly positive that they're just saying they never received my letter to delay my appeal launch til it was too late and I couldn't appeal. I'm blinkin' peed off at this because I sent that letter in the day after I received their letter telling me they'd stopped my money.

I think it might be worth my while dropping an email to CAB to see what they say about this, and see if there's anything that can be done seeing the DWP have lost the letter I sent, and now I might not get to appeal because of it.

It does my head in, it really does, seeing as my doctor agrees I can work part time, but only part time as that's all I can manage, and I DO work part time when I can. And this is exactly what ESA is for - disabled people who cannot work full time! Evil or Very Mad
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