declared fit for work when I can't leave the house!

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declared fit for work when I can't leave the house!

Postby xcookiex » Wed May 09, 2012 1:46 am

Sorry, but I'm going 2 have a good moan. I am soo angry and depressed I don't no wat 2do.

I applied for dla back in june. Got turned down so had a tribunal in march, which I lost.

Had a medical with atos for esa. I received a letter saying I only got 6points for mobility, so therefore I'm fit for work.

I honestly leave the house once a month for doc apps. Just standing up for a few minutes causes me dreadful pain. Iv taken my daughter 2school once in 8months!
How can they say I'm fit for work!

My partner now has 2go back on jsa, when he can't get a job, as I need his constant care, and help with my 2young children.

I don't no wat 2do. How can atos say ur fit for work when I've got months of sick notes off my gp saying I'm not!

Really sorry for writing so much! Oops x
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Re: declared fit for work when I can't leave the house!

Postby anonymouse » Wed May 09, 2012 3:49 am

I am so sorry to hear about your case. It sounds like your Fibromyalgia is at about the same level as mine as I am mostly bed bound too. You are just another victim of this broken system. You are not fit for work and anyone who knows you says the same I'm sure. Unfortunately you really do need legal and medical knowledge to take these people on. I am still not getting ESA correctly and I am in various stages of appeal and my claim has been outstanding for a few months under three years.

The only advice I can give you is this: do you have a friend or family member suitable enough to help you fight them? Can you access Citizens advice or other disabled charities even through the use of the Internet? I have appealed so may times and it sounds like for ESA you should be entitled to it under the same grounds as myself. As I have said something along these lines.

I wish to appeal your recent decision as I believe I am entitled to Employment & Support Allowance due to my circumstances, national insurance contributions and that I satisfy the critera for the Support Group. Under The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011 Schedule 2(1) (Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used) I Cannot either: (a)mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (b)repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. My statement as such is evidence in itself and should be given due consideration when a Decision Maker reviews my case. I also believe that if my GP and/or consultant is asked appropriate questions they would be happy to confirm this in writing and therefore provide the medical evidence required for you to make a decision that is not inline with the finding of ATOS Healthcare that I find wholey inaccurate and far short of an accurate representation of my level of Disablility. I also ask that while my claim is in appeal payments are continued as required under legislation. (Check this is the case before saying it)

I hope that may help you and guide you in the right direction for ESA. Also you are entitled to higher rate mobility component of Disability Living Allowance due to the fact you can not walk 50 metres without severe discomfort (the threshold is 200 metres). AND your entitled to the Lower rate care component as you can not prepare and cook a hot meal for yourself.

This is assuming you satisfy the National Insurance Contribution conditions for ESA, OR Income critera AND other basic requirements which you can find on the directgov website. I wish you the very very best, you should be able to concentrate your efforts on fighting fibromyalgia as a medical condition and not the DWP and Jobcentre Plus. It stinks, is not fit for purpose and is truly laughable in suce a developed country!

My very best wishes
Anonymouse
Fibro, Chronic Pain, Insomnia, Psoriasis, Migraines, Light & Hyper Sensitivity & Joint Subluxation but apart from that I am perfectly healthy & battling for ESA & DLA. - Twitter: my_fibromyalgia - Facebook: myfibromyalgia
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Re: declared fit for work when I can't leave the house!

Postby anonymouse » Wed May 09, 2012 3:57 am

I forgot to mention something. If you are really struggling for additional evidence consider doing this. Ask your GP for a private referral to a Rhematologist for the purposes of providing written evidence of the severity of your condition to the DWP, I'm sure your GP would be happy to do this for you. When you get your appointment through, ring the hospital or secretary and ask how much it is going to cost for the consultation and report. I imagine it will be about £150, if it is too much for your circumstances then cancel it as you can not afford to get into debt, if you can afford it then pay and make sure the consultant knows exactly what to write (Can not walk 50 metres etc, can not prepare a meal, lives in bed etc etc) then submit the report to the DWP with a stong letter.

ONLY DO THIS IF: You can afford it, AND the benefits people have asked your GP and consultant for evidence already and what they got was useless as they have to make the request for evidence if you ask for it AND they pay the doctors for doing so. My advice is assuming that this has happened and you are sure your elligible for these benefits thought their critera. You really need citizens advice or something first to make sure thought.

Once again all the best, and good luck!
Fibro, Chronic Pain, Insomnia, Psoriasis, Migraines, Light & Hyper Sensitivity & Joint Subluxation but apart from that I am perfectly healthy & battling for ESA & DLA. - Twitter: my_fibromyalgia - Facebook: myfibromyalgia
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Re: declared fit for work when I can't leave the house!

Postby *Lisa* » Wed May 09, 2012 10:06 am

Lots of good advice from anonymouse :-)

You will have to appeal. Gather as much evidence as you can together that are consistant to your claim. You can ask your GP for a back up letter to put in with this. Some GP's will ask you for a fee some wont.

I do feel that because you was not successful in your DLA appeal it may have contributed to the ESA outcome. There crafty like that :nono:

:goodluck1:
As a Public Moderator & Admin 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...Lisa
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Re: declared fit for work when I can't leave the house!

Postby denys » Wed May 09, 2012 11:45 am

:fingerscrossed: and :goodluck1: you have to keep fighting :-D
Denys

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Re: declared fit for work when I can't leave the house!

Postby anonymouse » Wed May 09, 2012 1:51 pm

Yes, here here, get as much evidences you can, thanks for reminding us of the GP because if yours is helpfull they may be happy to provide evidence for you. I imagine the problem with your case is lack of evidence, as is mine. If you have any other medical professionals such as physio's ask them for a brief statement coving the key points. They will use evidence from DLA to prove ESA and vice versa, but it you ask them to contact the other for evidence to SUPPORT your case they might say, oh no, we counldnt possibly do that! Grrrr. Also ask for copies of anything they use like reports, ATOS reports, docs reports etc as you will be able to see who has said what and fight your case better.

All the best
Anonymouse
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Re: declared fit for work when I can't leave the house!

Postby Melbi_UK » Wed May 16, 2012 7:55 pm

I'm only guessing here but I think when you fill in the form and attend an assessment and say you can't do anything, are bed bound, can't leave the house etc. they think you are exaggerating your symptoms. I've been told I have severe fibro by the rheumy but I can still do things, not like I used to but pacing myself and planning ahead, being organised etc. Of course, who is going to employ someone who can do the job asked if they can rest when needed, take an age to do the task as you have to pace yourself and may not turn up due to other symptoms of fibro.

I think they would see it more realistic if we told them we can do something but can take a few hours/days, the drugs leave me so sedated I fall asleep, the side effects of my tablets cause severe confusion, memory loss and chronic fatigue. I can do the stairs but in my own style (I can using hands and feet to go up, on my bottom going down, Would that be acceptable in the work place? Due to the confusion I forget the oven is on, I leave pans lit on the strove and forget about them until the smell of burning alerts you. Washing is left in the washing machine for days and needs doing again as I forgot I'd put it in there. I get so frustrated/down/irritable with the pain I become agitated which leaves me scared to leave the house in case I take out my agitation on a stranger. The kettle is too heavy to pick up and I've been known to drop it so now my family won't let me make a brew. I spent the day cleaning but then ended up with a flare up which meant I had to do this/do that. I can walk but slowly and the pain becomes so aggressive I have to stop and rest etc.etc.

Basically, yes I can do things, but these things all come with consequences, some being extremely dangerous. I live in fear that I might cause arguments in busy places with complete strangers. I have to shut myself away in my bedroom most days or evenings as I can't cope with the family all talking at the same time, TV on, it makes me scream and shout at them and even thrown things in my anger and frustration.

The above are just some of the problems I face with fibro, but I also suffer from depression and anxiety. But if you sat down and looked over just one day of your lives and look at why you can't do things, turn it around and say you can or try to but.......this happens/that happens........

I can't do anything sends the wrong signals, I think the only time anybody can't ever do anything is in a coma or dead. Even people paralysed from the neck down can do some things. So you can see how these so called health professionals might actually look at someone that says they can't do anything.

Example: I can't leave the house.....well actually I can leave the house if someone is with me. So does that mean I can take someone to work with me everyday?

I can't walk 100 metres......well yes I can but it might take me an hour or longer to do so......it is sheer agony and I have to keep stopping, when I get home I need to rest for minutes/hours.

It give them such a wider picture of how it affects our lives than saying I can't!
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Re: declared fit for work when I can't leave the house!

Postby xcookiex » Thu May 17, 2012 4:21 am

Thanks for all the advice. Yeah I'm gathering as much evidence and documents as I can.

Melbi_UK, I understand what ur saying about ppl exaggerating their illness, but wen I say I can't leave the house, I mean it. Just 2use the toilet in my house I av 2av my partner wlk infront of me while I put all my weight on his shoulders, otherwise the pain in my legs and hips are unberable and iv collapsed many times in pain.
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Re: declared fit for work when I can't leave the house!

Postby Melbi_UK » Thu May 17, 2012 11:09 am

I'm sorry, I wasn't saying anyone is exaggerating, I was saying could this be how ATOS would interpret it.

I'm really sorry to hear how bad your pain is. Do you have other conditions that cause the pain besides Fibro?

I'd ask your rheumy to refer you for some physio if all the pan is being caused by fibro alone. Before and just after I was diagnosed I was literally bed bound. I used to have to crawl to the toilet and use the sink and bath to help me get on the loo. Each day the pain became worse until in the end I was begging to die.

I don't know what happened or why it happened but something inside of me made me get up, I'd take little walks around the bedroom, making myself stand tall, then I'd make the walk longer by walking down the landing. Eventually the pain and stiffness did ease a little, enough for me to go down the stairs on my bottom and bacl up on all fours (I still have to do that now)

I am now able to walk out (slow walking) resting in between, I am now walking further each time, yes the pain is still there, the stiffness is still terrble if I sit or lie down for half an hour or more but I'm much better at coping with it.

I can only give you details of how I got going again as everyone is different but the message we all get saying exercise is importnat really is true, just like someone with arthritis or rheumatoid arthritis, if they stop exercise, their pain increases, they too are told exercise is the key to coping with the pain and in many people with fibro can actually stop having pain (I'm hoping I'm one of them lol)

The exercise at physio is hardly anything at all but it hurts to do it and you hurt more for afew days after but then you start to feel some ease in the pain. Like somone training for a marathon, they exercse hard, can have pain as a result of the ecercise but they don't rest until the pain has gone, they fight it and carry on.

Please do ask your rheumy about physio if all your pain is from fibro.

Here is to you improving in the future as living alife of severe pain is awful and really does get you down. Take care xx
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Re: declared fit for work when I can't leave the house!

Postby xcookiex » Thu May 17, 2012 4:59 pm

Aw I'm so glad uv improved! Gives me hope!

No Iv only been diagnosed with fibromyalgia. Seen a rheumy once 2diagnose me a year ago and he didn't wana c me agen! Just been dealing with my gp.

I did attend physio once but he didn't want 2help with the fibro pain, only a muscle spasm I av in my back. I also find it hard 2attend appointments as we dnt av transport, and I cnt wlk 2bus stops. And feel like such a burden askin my partners brothers for lifts.

I do try and exercise as much as I can,even if its just stretching while I'm sitting. Iv got a 2 and a 5yr old so I av no choice but 2move!

I understand wat u mean about the pain getin so bad. I tried 2take my life back in march. Its not so much the pain, its wat its stoppin me and my family doing. My partner and kids dnt av a life cos of me. He cnt tk them out 4long incase I need his help. I feel like they'd b beter if I wernt around.

Sorry, just realised iv been blabbing on!
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Re: declared fit for work when I can't leave the house!

Postby Melbi_UK » Thu May 17, 2012 9:38 pm

I am good at babbling lol.

One of the exercises I have to do is the step, you do it slowly, at your own pace and for 1 minute, I know one minute doesn't sound a lot but I have yet to keep going for that long, this I am looking forward to improving as my muscles gain more strength. Another exercise is on a small trampoline, a slow march, again for 1 minute, I still can't do it without holding on the bars and would warn people not to try it unless you have something to hold onto as the dizziness really does become an issue. The the exercise bike, set on the easiest, 1 minute.

This is all carried out in a small gym for a group of people who are suffering chronic pain. I'm sure if you asked your GP to be referred to one of these groups he/she would do so. Although as you say you have the problem of travelling. I have my hubby and both daughters who can drive me there and back. Transport is necessary as your muscles are fatigued. LOL a fit person would laugh their heads off if they could see the way we are exercising, but even though it is very little and all at your own pace, it is still very difficult to do but we are expected to improve over the weeks. There are other exercises for the upper body too, these I really struggle with due to having something wrong with my shoulders.

I wonder if you could have hospital transport to collect you and take you back home again???
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Re: declared fit for work when I can't leave the house!

Postby Melbi_UK » Thu May 17, 2012 9:44 pm

I forgot to mention, I was told that you are more likely to 'pass' the assessment if you are attending things like physio, counselling. cbt etc.

I attend counselling weekly for depression and anxiety
CBT is being organised for the fibro
I attend physio
and see a psychiatrist every 3 months.

All my meds have terrible side effects as you will know.

I have only ever had one assessment in 3 years. I gte the form sent to me then I just receive a letter saying I will still be on ESA

That is why I posted what I did, as I wonder if the way I fill my form in has something to do with it. Well it must have :crazy:
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