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    Created in 2008, Phoenix Rising is the largest and oldest forum dedicated to furthering the understanding of, and finding treatments for, complex chronic illnesses such as chronic fatigue syndrome (ME/CFS), fibromyalgia, long COVID, postural orthostatic tachycardia syndrome (POTS), mast cell activation syndrome (MCAS), and allied diseases.

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Support group to fit for work.

G

gentlegee1976

Messages
6
Here is a copy of an email that I've sent to my MP. He hasn't had a chance to reply yet, but I wondered what you guys thought about it.

Dear Mr Hughes,

I appreciate you are very busy at this time (particularly with mess surrounding Brexit), but I have a serious problem that I would greatly appreciate your help with. I was diagnosed with ME (also known as CFS) and became so ill that I was unable to work. I was diagnosed in 2017, but have suffered symptoms since 2012. Myalgic Encephalomyelitis (M.E.) is a long-term and incurable neurological condition that causes symptoms affecting the nervous and immune systems. This link will explain the illness in more detail -

https://www.nhs.uk/conditions/chronic-fatigue-syndrome-cfs/

Following my ESA assessment I was placed in the support group for 12 months and declared unfit for work. I have recently been re-assessed and despite explaining to the Healthcare Professional that my condition has not improved, I have now been found completely fit for work and my money has been stopped. I do not support this decision at all and am currently challenging it. I will, if necessary be forced to take this to a tribunal hearing if my reconsideration is not successful. The HCP omitted many important facts about my condition in his report, such as widespread pain through my body, severe and constant exhaustion (where I am often unable to leave my home) and social anxiety as a result of childhood abuse.

There are several ESA descriptors that I meet (including one for the support group) but these seem to have been ignored during my assessment. They include bladder problems (incontinence), standing and sitting and social anxiety. At present, I currently have no income and very little food or money for gas, electric and water payments.

I am currently waiting for a Mandatory Reconsideration to take place and will receive no money whilst this is happening.
With the symptoms that I have I am currently unemployable and am deeply concerned that I will be left destitute in the near future. How a person with a long term and incurable illness can go from being unable to work to completely fit for work in a matter of a couple of months is beyond me, and I would be grateful if you could help me get my money reinstated before I end up with severe rent and council tax arrears, and possibly face court action or even eviction.

I understand that my need is no greater than anyone else's, but I would be grateful if you could address this in the next few working days as my situation has become quite desperate.

Thanks for your help in advance, it is very much appreciated

Best Wishes
(name and address have been removed for security reasons)
 
Moof

Moof

Senior Member
Messages
778
Location
UK
So sorry to hear you're going through this – it's always a good idea to get your MP onside.

If the outcome of the MR is negative, it's worth joining a group such as Fightback4Justice or Benefits & Work, who will help you take it to tribunal. I've only really used FB4J (if money's tight you can join their platform for just a month if you like, and make sure you download all the info you need), but their support has been instrumental in getting my benefits sorted when I became unable to work. I think their top-level subscription is about £11 a month, but you can choose how long you keep it going and it's easy to cancel. With Benefits & Work, I think you pay an annual sub.

One of the ways to challenge this is to ask DWP to demonstrate what has changed between their first decision and their most recent one, as if your health condition hasn't changed, it follows that one of these decisions must have been wrong. Often they can't demonstrate that your disability has diminished in some way, meaning there's a good chance of the tribunal finding in your favour. However, having a broad knowledge of the recent caselaw makes the whole thing very much easier, which is why it's a good idea to use one of these services. Good luck with it.
 
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gentlegee1976

Messages
6
I have finally got my MR notice and the original decision has been upheld. I'm not happy at all at the prospect of a stressful tribunal hearing, but I'm not surprised with the MR decision either to be honest with you.

I now have no choice but to appeal to a tribunal. I cannot work being as ill as I am. I've appealed online today (Sat) and am waiting to hear back from the HMCTS.

I've also joined Fightback 4 Justice and downloaded some of the info on their website. It seems to be very useful. I'm not sure how to go about gathering and submitting by evidence to give to the tribunal. Can you guys please help me. Thanks.
 
G

gentlegee1976

Messages
6
Also to Moof - you posted this earlier in the thread

One of the ways to challenge this is to ask DWP to demonstrate what has changed between their first decision and their most recent one, as if your health condition hasn't changed, it follows that one of these decisions must have been wrong. Often they can't demonstrate that your disability has diminished in some way, meaning there's a good chance of the tribunal finding in your favour.

How do I go about obtaining this information from the DWP? Thanks.
 
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