Help on ESA appeal

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Hi, I also have ME/CFS and like you I have had to go to tribunal regarding my ESA.

Unfortunately many people do not understand the illness, and in particular the variability of the condition and assume you are not ill when you are.

Without knowing how the illness affects you it is difficult to know how to advise you, but based on my own experience the things you should be looking at the variability of the illness and our ability to repeat the tests with "reasonable regularity".

For example if you can walk 200 metres but no more because of fatigue, but cannot repeat the exercise for 24 hours then you should be classed as being unable to complete the test.

Have a look at the ME Association site, they have written a review of the WCA that explains their concerns and might help you understand how to phrase your response for the tribunal.

www.meassociation.org.uk/?p=1639

With regard to the ESA payments, as far as I am aware, there will be no attempt to reclaim the ESA asssement rate payments that you are currently getting. Depending on the timescales from when you received your original decision (minimum 6 months) you may be able to make a new claim for ESA otherwise your only choice is to go onto JSA unless your appeal to the 2nd tier tribunal, but that is getting too far ahead.

If you look through the forum there have been several people with ME/CFS who have won their tribunals, so it can be done.

Good luck and if you have more questions do come back there is usually someone who can help you.

Steve