Yet another incap/esa refusal!

Moderators: perseus, *Lisa*, FluppyPuffy

Re: Yet another incap/esa refusal!

Postby catalady » Wed Dec 21, 2011 1:41 pm

Hi woodentop, I don't get that magazine but am really interested in the article you mentioned. Can an admin tell me if it is ok to reproduce that article on here at all, or tell me how to get to view it somewhere? The person who assessed me was a Chartered Physiotherapist and I didn't feel that she had enough knowledge about FMS at all, when I said that I had CFS as well she said 'well the 2 go together'...which is not true at all, I was dx with CFS years after the FMS. Infact she didn't even list CFS as one of my problems.

Hi Sharon, sorry but I can't answer your questions but I am sure someone else will come along later and help you out. I believe there is a board on here dedicated to benefits, I wonder if there is anything on there to help you?
catalady
UKFM Newbie
 
Posts: 6
Joined: Mon Dec 19, 2011 1:46 pm
Location: DERBY

Re: Yet another incap/esa refusal!

Postby sharon28 » Wed Dec 21, 2011 1:44 pm

Thankyou Catalady,

My brain just not is wired right at the moment. Didn't think to look there!!! What a donut i am, lol

Sharon :cup1:
sharon28
UKFM Member
 
Posts: 79
Joined: Thu Nov 24, 2011 4:05 pm
Location: Mansfield, Notts

Re: Yet another incap/esa refusal!

Postby catalady » Wed Dec 21, 2011 2:35 pm

Hey Sharon...we all do it..it's all part of having FMS...The good ole FibroFog :-?
catalady
UKFM Newbie
 
Posts: 6
Joined: Mon Dec 19, 2011 1:46 pm
Location: DERBY

Re: Yet another incap/esa refusal!

Postby FluppyPuffy » Wed Dec 21, 2011 3:42 pm

The magazine that woodentop has mentioned is available on a subscription basis thru the main site that the forum links to. I've been trying to find something about the point but too long on the pc is sending me really :shock: :shock: :shock:
As a Public Moderator of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia.

If your dog doesn't like someone, then you probably shouldn't either
User avatar
FluppyPuffy
SITE ADMIN
 
Posts: 12719
Joined: Mon Jun 08, 2009 11:25 am
Location: Living Life On The Edge.......Of The Norty Step!!!

Re: Yet another incap/esa refusal!

Postby sjc » Wed Dec 21, 2011 6:25 pm

Hi folks. Hope u r ok. I understand your frustrations on getting dla or esa. :crazy: ya see people, don't ya, who there's nothing that wrong with them getting benefits, yet people o deserve it dont seem to get it or they have to beg for it. The trouble is that now now, unless ya have got more moderate to severelly affected with your conditions, it is bloomin hard to get anything. Then ya have to spend convincing your doctors that you are severelly struggling with your conditions, as well as the jobcentre. Keep fighting and make sure you have citizens advice bureau or your welfare office from your local council to help you with your benefit forms. Make sure you read dla or esa criteria, to see if you fit them...put as much information and medical diagnostic reports in. Also put in a detailed symptom list on all of your conditions and proof of specialists, medications and its side effects, treatments, etc...photocopy your forms that your send in and send everything in recorded delivery to dwp. Xxxx take care.
Sick of being sick, if you know what I mean. Anger keeps me going! I love campaigning for the rights of those with hidden disabilities. Enjoys talking to other like minded people - well, if you are sane, anyway :)
User avatar
sjc
UKFM Member
 
Posts: 297
Joined: Sat Jul 31, 2010 8:58 pm
Location: East Midlands, Uk

Re: Yet another incap/esa refusal!

Postby Ldyalb » Wed Dec 21, 2011 6:46 pm

sharon28 wrote:Hi there,

Please excuse me for butting in. I have just commenced ESA and am waiting for the questionaire form and what seems to be........the dreaded medical. I'm a little confused though.

I'm still employed but can't get SSP, hence the ESA. I know i will not be returning to work. At what point do i hand my notice in? Do i wait to be dismissed? Can i then claim more than one benefit? ie DLA. I find all this a bit confusing.

Many thanks,

Sharon xx :cup1:


Hi, used to work in HR. It may take a while for them to dismiss you if they plan to, but I'd advise hanging in there for the time being, go and see CAB and get proper advice wrt what to do. What you have to bear in mind is that with JSA (if you were kicked off ESA) that you usually have to wait 6 months before you can claim it if you have chosen to leave a job without another job to go to. So in that respect you're best being removed from your job. Look in to the possibility of being retired on medical grounds. But get advice and find out all your options before you make a decision.

How long have you been off sick? Most jobs require employers to pay 28 weeks SSP, once that period is up if the employee is still unwell they can then get ESA for 13 weeks, before being assessed by ATOS. However some jobs aren't required to pay SSP at all so you'd go straight on to ESA after your first week off sick (self-certified).

You can claim DLA if you have a long-term disability, have needed help with care and/or mobility needs for at least 3 months and can expect to for at least another 6 months. DLA is often misportrayed in the media as an out of work benefit but this is not true - you can work and claim DLA, providing that your work doesn't contradict your claim (i.e. you're not working as a chef when you're getting DLA Care on the grounds you are unable to cook). You can also get DLA if you're on ESA/JSA etc.

I wouldn't advise you to tackle applying on your own, speak to CAB and get help with the forms - you'll stand a better chance of being awarded some benefit that way, and if you have to appeal it's easier for CAB/DIAL etc to help you if you went to them initially. My local CAB gave me a short form to fill in (ticking what I needed help with) and then they reviewed it and said it was worth me putting in a claim.

I think in your situation you should go and see CAB, find out what your best option is wrt your job and what other benefits you may be entitled to and take things from there.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Re: Yet another incap/esa refusal!

Postby Woodentop » Wed Dec 21, 2011 10:40 pm

Hi catalady,
Don't know if you can reproduce articles. I have subscribed to the mag for some years now and it's really worthwhile. You can get back issues and you can subscribe to a digital version which costs less than a printed one. If you click on the magazine link at the top of the home page it will give you the prices for subscribing. Sorry I can't be more help.
Woodentop
UKFM Member
 
Posts: 123
Joined: Sun Nov 29, 2009 4:41 pm

Re: Yet another incap/esa refusal!

Postby Jezzi » Thu Dec 22, 2011 1:30 am

Good luck catalady, I am new here too and going through exactly the same process as you.

@Woodentop - thanks for the tip about the magazine, unfortunately I can't find the January link.. guess I'll have to wait until January, lol. I hope that the article will help with my appeal since I was assessed by a nurse.
User avatar
Jezzi
UKFM Newbie
 
Posts: 6
Joined: Sun Dec 18, 2011 12:08 am

Re: Yet another incap/esa refusal!

Postby sharon28 » Thu Dec 22, 2011 11:43 am

Hi there Ldyalb,

Thankyou thankyou thankyou for taking the time to reply to me. I really appreciate you your advice and will go to my local CAB after Christmas. :flowers:
Sharon xx :cup1:
sharon28
UKFM Member
 
Posts: 79
Joined: Thu Nov 24, 2011 4:05 pm
Location: Mansfield, Notts

Re: Yet another incap/esa refusal!

Postby golden_delight1980 » Thu Dec 22, 2011 2:53 pm

Just thought I would show you lot my appeal. I think it's great!! :-D

Appeal Grounds

1. Work Capability Assessment

There are many points on the Work Capability Score where I have been scored zero. I find this to be extremely inaccurate of my condition and I not sure whether the medical I had was typed up correctly, or whether it has been reviewed or interpreted correctly.

My condition is unpredictable and I am bed ridden with migraines, pain, dizziness or powerful fatigue at least 4 days a week, sometimes more. Therefore I am not regularly able to do the following points documented:

•You can move 200 metres on flat ground. Incorrect – more than half the week I am unable to do this due to fatigue and dizziness.

•You can usually stay in one place for an hour without having to move away. Incorrect – I struggle to do this due to intense pain and balance.

•You can raise at least one of your arms above head height. Incorrect – I cannot consistently lift my right arm. Sometimes due to pain my left arm is also affected, therefore I cannot consistently comply with this statement.

•You can use a computer keyboard or mouse and a pen or a pencil with at least one hand. . Incorrect – I consistently have problems with my right arm/hand and I am right handed, so this poses real accuracy problems using my left. Sometimes due to pain my left arm is also affected, therefore I cannot consistently comply with this statement.

•Your vision doesn’t prevent you from finding your way around familiar or unfamiliar surroundings. Incorrect – my frequent migraines interfere with my vision where I am resigned to a dark room laying down.

•You can learn to do new tasks. Incorrect – due to the symptoms of my condition, more than half the week I am unable to cognitively concentrate.

•You can usually manage to begin and finish daily tasks. Incorrect – due to pain and my other symptoms, I am often unable to do anything and no tasks are undertaken for this reason for at least 4 days a week.

•You can get to somewhere you don’t know without someone going with you. Incorrect – if I am struck with migraine, my vision is impaired and I am unable to navigate anywhere.

•You behave in a way that is acceptable at work. Incorrect - I am inconsistent at work, my attendance has been very poor and my most recent employers have found this to be extremely unacceptable and action was taken against me.

Another point I am unsure over and question is as follows:

•You can pick up and move objects such as an empty cardboard box and a carton of liquid. Depending of the size of said objects, I am not sure I would be able to comply due to all the reasons stated above. Also I am unsure what employment would request empty cardboard boxes to be lifted – in my considerable working experience, they contain something, making it dangerous for me to lift.

2. Doctor evidence

My doctor has and continues to supply Fit Notes specifying I am unable to work more than 10-15 hours due to Fibromyalgia and side effects. Therefore I feel this should be taken into account as medical evidence. If there is further information needed from my doctor, she will be more than happy to assist – her details are as follows:
golden_delight1980
UKFM Member
 
Posts: 15
Joined: Thu Dec 22, 2011 12:57 pm

Re: Yet another incap/esa refusal!

Postby Ldyalb » Thu Dec 22, 2011 4:04 pm

sharon28 wrote:Hi there Ldyalb,

Thankyou thankyou thankyou for taking the time to reply to me. I really appreciate you your advice and will go to my local CAB after Christmas. :flowers:
Sharon xx :cup1:


No worries Hun, you're welcome. Here's some stuff I forgot;

http://www.dls.org.uk/Advice/Factsheet/ ... %20Act.pdf

This is some info on your rights as an employee under the Equality Act 2010.

You can also get support from a Disability Employment Advisor or DEA at the Jobcentre. Remploy are an organisation which helps disabled people find suitable work and stay in work if they have it. These are options to consider exploring if you decide you want to keep your job open for a while if you feel there's a possibility of you returning in the future. If you decide not to do this then CAB can advise you as to whether it would be best for you to resign, or to wait and see what action your employer takes.

I've used CAB a lot over the last two years, from a dodgy landlord to dodgy employers to benefits advice. I've been to 4 different offices, seen lots of different advisors and they've all been great.

A general tip with the CAB is that if you go and queue up for an appointment you generally need to be there an hour early as it's always busy, especially if you live somewhere reasonably big (was definitely the case in London and with my nearest town, smaller village ones not so much I've found). Sometimes you can ring ahead, or maybe get someone else to queue for you to save your legs. Mine in London only had 2 seats and usually 30 people queuing so it was stand, or sit on the floor!

@Golden_delight - I'm not familiar with appeals but I think yours looks good, nice and succinct. I would advise you to get help from CAB, DIAL et al if you haven't already as they can help guide you through the appeals process. :goodluck2:
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Re: Yet another incap/esa refusal!

Postby golden_delight1980 » Thu Dec 22, 2011 5:29 pm

Thanks Ldyalb, this was only my initial thing I sent back with my appeal. I plan to pad it out when I get a date through and my friend works at the CAB so I have been checking in with her so far.

Will possibly take my employer to tribunal too depending on whether they refuse to let me try working from home half the week or not. I suddenly have a real fighting spirit about me!! :twisted: :shooting:
golden_delight1980
UKFM Member
 
Posts: 15
Joined: Thu Dec 22, 2011 12:57 pm

Re: Yet another incap/esa refusal!

Postby FluppyPuffy » Thu Dec 22, 2011 5:58 pm

:welcome: to the forum golden_delight :xmaswave1: :xmaswave1:

We have a "Where To Say Hello" board on here, if you'd like to introduce yourself when you get chance, it would be great to "meet" you :hohoho1: :hohoho1:
As a Public Moderator of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia.

If your dog doesn't like someone, then you probably shouldn't either
User avatar
FluppyPuffy
SITE ADMIN
 
Posts: 12719
Joined: Mon Jun 08, 2009 11:25 am
Location: Living Life On The Edge.......Of The Norty Step!!!

Previous

Return to DWP, Working & Benefits

Who is online

Users browsing this forum: No registered users and 4 guests

cron