Dla - esa - tax credits - work - cfs - please help me

Cotton_wool_katie

Hi all any advice would be appriciated. Thanks in advance.

I was diagnosed with CFS in September 09, in December 09 i got the sack from work for being off sick after being there 11 months. I have my appeal hearing tomorrow but personally dont want to go back, i have felt a lot better after not being at work.

I applied and have recieved the lowest rate of ESA, i applied and had assesment for DLA however i have got rejected on the grounds; i can walk over 100 meters, slowly, in an adequate manor; i do not need help for anxiety or panic attacks; i do not need help to cook a main meal for one person; at my own speed i can get out of bath and bad and undress and dress.

It appears they havent took into account the constant pain i am in when walking, getting out of bed, bathing, i can make a sandwich but not a main meal, i do not go out because of this and because i suffer panic attacks.

When i informed tax credits i got the renewed allowance and it was less then the original.

My husband works full time and his wage is roughly 22k a year, i have 2 children 7 and 2.

Is there any other help advice anyone can give me please.

I really appricate you taking your time to read this, thank you CWK

:(:(:(:(

mum-of-3

ESA is classed as income as you are on contributions based ESA.

Cotton_wool_katie

Thanks for that, that make tax credits a little clearer tatie

TOBRUK

Cotton_wool_katie wrote: »

Hi all any advice would be appriciated. Thanks in advance.

I was diagnosed with CFS in September 09, in December 09 i got the sack from work for being off sick after being there 11 months. I have my appeal hearing tomorrow but personally dont want to go back, i have felt a lot better after not being at work.
:(:(:(

Hi Cwk, I didn't think your employer could sack you because of sickness (I might be wrong) especially if your GP was supplying sick notes. I understand why you don't want to go back if that's the way you have been treated, not taking your illness in account.

As someone who has suffered badly with ME I know the difficulties and I too was turned down for DLA at the beginning but I went to tribunal and won on two occasions. It is of course up to you whether you wish to appeal their decision and it is the last thing you want to think about when you are feeling ill and exhausted - it's easy to say 'I can't face it!' It is important to have a good GP, one you can talk to easily and who understands the illness.

Whatever you choose to do I wish you luck. I also hope you have someone going with you to the appeal hearing at work tomorrow.

Cotton_wool_katie

Hi tobruk, thanks for your info - Unfortunatly im not in union and none of former work mates are supportive so therfore i will be going to my appeal on my own, also while i have been off i have had some nasty messages from my old collegues - 1 of the many reasons not to go back!
Thanks for your reply

Loopy_Girl

If you don't want to go back, why put yourself through the stress of an appeal?

And I may be wrong but the fact you have been there less than a year doesn't give you many rights...which is why, I suspect, they sacked you at 11 months

NASA_2

What exactly is it you need help on?

I dont see anything much wrong with either decision (ESA or DLA).

Cotton_wool_katie

Hi loopy girl, thanks for your reply.

I got told that if i did not appeal then i couldent do anything about unfair dismissal or anything or discrimination.

Loopy_Girl

Who told you this?

As I would assume who told you should also have taken your time with the company into account...yes, you cannot get sacked for being sick per se but unfortunately the length of your employment is a huge factor.

Which, as I said before, is probably why they got rid of you at 11 months. Had you been there over a year then your position would have been stronger.

My advice personally would be to walk away and concentrate on getting better.

Cotton_wool_katie

Nasa - Thanks - I wanted to know if tax credits was correct - if anyone had experience with dla and if this was correct - if there was any other benifits that i would be entitled to

Loopy girl - Thank you very much for your relpy

cwk

leemack

apart from high rate mobility, dla is about help you from someone else, either in going outdoors to unfamiliar places or with daily personal care, or making a cooked meal. if you ideally need help from another person with any of these things then it may be worth appealing the dla decision, if in doubt go see a benefits adviser who can go through the criteria and help you with any challenge or appeal. If you can manage by yourself and can walk 50 metres at a reasonable pace without severe discomfort then you won't be awarded dla on appeal.