[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 488: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 112: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 112: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 112: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4780: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3898)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4782: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3898)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4783: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3898)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4784: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3898)
The UKFibromyalgia Forums • View topic - 15 Months down the line and still fighting ..



15 Months down the line and still fighting ..

Moderators: perseus, *Lisa*, FluppyPuffy

15 Months down the line and still fighting ..

Postby macca » Sat Dec 29, 2012 9:50 pm

Hi all, i'm new here and i'm actually not a Fibro sufferer, but my wife is.

I've looked around the forum a few times and thought I would sign up, say hello and share the experience that my wife and I have gone through.

My wife is 42 and has suffered ill health since she was 20. The root of the issues go back to birth as she was born with a congenital dislocation of the left hip and this was not discovered until she was 2. That resulted in uneaven growth in her legs. At 20 she developed Osteoarthritis and had a full hip replacement 7 years later. At that time she was having a lot of other issues and was told that the Osteoarthritis had further developed in her right hip. She has been in receipt of DLA High rate mobility since the age of about 21.

She was retired from work at our local authority on the grounds of permanent ill health at the age of 33, applied for Incapacity Benefit and got it.

Through the reforms she was called for a WCA in September 2011 and then the fun started. As you may expect she failed her WCA getting 0 points based on a fairy tale ESA85 report that read like it was someone else's, and so we had to set about mounting an appeal.

Its been a very tough year and ironically the first year in a long time that she's had any real medical attention. Her old GP had been quite content to have her swallowing pills and leaving him alone. Through a fresh musculoskeletal assessment my wife found out that she hasn't in fact got Osteoarthritis in her right hip, so she was misdiagnosed all those years ago. So, the question was what is the problem.

After a long year of many medical appointments she was given a confirmed diagnosis of Fibromyalgia by a consultant in pain medicine and anaesthesia, with him telling her she 'ticks every box'. We actually now think that she's suffered with it for many years undiagnosed but then i guess lots of folks on here may have been in the same boat.

Long story short she had her appeal in August 2012 and whereas she walked in with 0 points, she left with 27 points across the mobilising descriptor and three mental health descriptors, so kept ESA but was put in WRAG as opposed to the Support Group. The tribunal chair was very specific to point out that they could not consider any change in her health condition that had taken place since the WCA was carried out.

From August to December of this year I set about compiling a submission to the DWP that documents the decline in her health, and makes a case for her meeting the Support Group Mobilising Descriptor. It also features a second arm of the approach which is making a case for the application of ESA Reg 35 (2) and so admittance to the support group on those grounds also.

Her problems can be summed up as follows :-

Has a total prosthetic left hip but still has a shorter length in the left leg than the right
Fibromyalgia
Carpal Tunnel Syndrome
Irritable Bowel Syndrome
Severe Depression
Anxiety
Severe Central Tinnitus exacerbated by stress
Functional Impairment in her upper and lower limbs on both the left and right hand sides of her body
Lower back problems centred around the right sacroiliac joint
She now uses a walking stick but is very limited in her mobility
Suffers constant pain
Daily Fatigue
Confusion
Forgetfulness and various other Fibro associated issues
Has various side effects of medication

Medication wise, she rattles like a smarty box on a cocktail of 31 pills a day

The DWP submission gives a great amount of detail on the decline in health since the WCA, and how that affects her daily life. Its accompanied by a wealth of medical support information such as various confirmed diagnoses and ongoing appointments. It also included various non medical support information such as the award of a notoriously difficult to get Merseytravel Disabled Persons Travel Pass, given to her because she met the criteria :

"has a disability or an injury which has a substantial and long term adverse affect on his / her ability to walk"

The approach to DWP totalled some 128 pages, so not insignificant.

It also featured documented support from her GP for her application for the support group.

And that was all topped off with a covering letter from our local MP whom we've met with regularly since January of 2012. His covering letter basically says 'sort it out and fast' or i'm taking it above you.

So, where will all that get her?, who knows but one thing was for sure, after suffering ill health for 22 years and continuing to see a decline I was not going to sit back and watch her go down without a fight.

The last year has been draining, and i've ended up suffering with stress, with my GP putting me on reduced hours at work, prescribing beta blockers, and my very supportive employer sending me to see a counsellor. So its certainly left a scar or two.

Now we sit and wait.

That tale may well ring a bell or two with some of you guys. If it does then above all else keep fighting till theres nothing left to fight for, at least you'll know you gave it your best shot.


Cheers, Macca ;-)
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby Poseypig » Sat Dec 29, 2012 10:06 pm

Hope you and your wife get the support you need and deserve.
She is lucky to have you on her side. Lets hope you don't have to fight for much longer :-)
Poseypig
UKFM Member
 
Posts: 30
Joined: Mon Oct 08, 2012 1:31 pm

Re: 15 Months down the line and still fighting ..

Postby dimfunsize » Sat Dec 29, 2012 10:20 pm

hi, I do understand what your wife and yourself is going through as I have been through the same. If you want to private message me I will give you details on what I done to try and make my life a little better. Retired due to ill health from the local health authority, was on IB then transfered to ESA work related, appealed and after a long battle now on ESA support group. I used a particular details that helped.

It is lovely that your wife has a husband who understands, mine understands, but gets angry at times. He says its down to seeing me in so much pain and he cant help me (bless) does not help though.
dimfunsize
UKFM Member
 
Posts: 25
Joined: Wed Aug 04, 2010 8:25 pm

Re: 15 Months down the line and still fighting ..

Postby macca » Sat Dec 29, 2012 10:34 pm

Hi Dimfunsize, i can't seem to pm you, maybe i've not got enough posts or something?

Can you pm me?

Macca
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby Carole » Sat Dec 29, 2012 11:10 pm

I do hope you get all you are asking for, I retired long before they started all this new fangle groups and to me just looks like a nightmare to understand...but thats the point of it isn`t it make it so complicated that people give up after the first hurdle!! I would recomend you get help though to take some of the strain you are both having to go through with all the form filling and they help with representation at appeals It can only be good to have someone on your side at these times You can find your local Wefare Rights in Yellow Pages personally I found them much better than CAB as thats all they specialise in and they know it inside out.
Your wife is so lucky to have you ..understanding is something my husband is bereft of (he`s not all bad up to recently he was never ill so doesn`t understand how long term illness can wear you down and make you depressed) ..he has never accepted my Fibromyalgia despite being at the hospital with me when I was first diagnosed years ago, when I gave him the leaflet that the hospital gave me to give to relatives he threw it on the floor at the side of the chair unread ..if I hadn`t have moved it it would still be there!! I just wish Fibro had some kind of outward sign ..they don`t call it the hidden illness for nothing do they? I worked up to 10 years ago how I got through some days I`ll never know but I got to the point were my body just couldn`t do it anymore ..but I still get called lazy even now, It used to hurt but now I`m so used to it ..its like water of a ducks back..I`ve had to make myself like that otherwise I wowuld spend all the time feeling sorry fpor myself... though I do have two wonderful children now grown who are very supportive ...I just mention all this to show we all have different problems all caused by ill health which we don`t choose but have to live with the best we can with all our different circumstances.
I just hope your health holds so you can continue to fight for your wife`s rights Good luck!!
Carole (please excuse spelling mistakes, too tired to correct it)
Carole
UKFM Member
 
Posts: 107
Joined: Sun Feb 18, 2007 2:05 am
Location: Lancashire

Re: 15 Months down the line and still fighting ..

Postby macca » Sat Dec 29, 2012 11:32 pm

Hi, cheers for sharing your experience.

Fortunately i work for our local authority and so was familiar with welfare rights. We engaged an advisor and he was excellent. He helped us right upto the appeal and then even took a look over my monster DWP submission before it went.

The stage we're at now is that we're asking DWP for a supersession of the appeal tribunal's decision on the basis that there has been a significant deterioration in her health. So we're in their hands so to speak.

Its odd that in spite of all the financial worry that we're having to deal with, just getting that submission off to DWP was a huge relief, as after working on it for months and have it dominate every spare hour and keep me awake at night, its out of my hands now and i can't fiddle with it anymore.

Whatever will be will be eh?

Macca.
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby isitme » Sun Dec 30, 2012 7:05 am

good macca hope you do well.

mine has been going on for 2.5 years, got sent up to upper tier then bounched back down for new tribunal week before xmas unfortunately was too ill to attend so posponed.

all the best, take care both of you.
:-)
isitme
UKFM Member
 
Posts: 301
Joined: Mon Jul 23, 2012 11:30 am

Re: 15 Months down the line and still fighting ..

Postby macca » Sun Dec 30, 2012 11:50 am

Cheers for the support guys.

The funny thing is in our everday lives I work full time, my son works two jobs and my daughter is at 6th form (although has been trying to get a part time job for over a year without success). So essentially me and the kids are up and out each morning. Being off work over the christmas period has allowed me to see first hand what happens each morning every day of the week. In a nutshell, no doubt like a lot of you guys, she can't get out of bed before lunch time.

Simple questions, what employer is going to entertain planning working hours around when an ailing body allows you come around each morning? What employer allows you to nip off for multiple sleep sessions during the day? What employer allows you to give them a call and tell em you aint gonna make it in today...maybe tomorrow?

Fortunately, i've managed to hang on to a scrap of my sense of humour and can still find it totally laughable that our beloved Mr Cameron actually thinks that there are employers out there lining up to employ someone who's life is heavily affected in this way.

What was it that fine upstanding fellow said...... Oh yeah, those people who simply cannot work will receive unquestionable support..............errr really?
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby FluppyPuffy » Sun Dec 30, 2012 3:12 pm



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: 15 Months down the line and still fighting ..

Postby macca » Sun Dec 30, 2012 3:31 pm

Hi FP, cheers for the reply. Your understanding is spot on. And shows how mad the situation is.

Even leaving aside the diagnosis of Fibro, Tinnitus, Carpal Tunnel and functional impairment in upper and lower limbs (all diagnosed after the WCA), her issues at the time of the WCA (which included Obsessive Compulsive Disorder but which i'd forgotten to list earlier) were still enough to allow the tribunal to award 27 points compared to 0 points from DWP.

The fact that the chair emphasised that they could not consider newly diagnosed conditions just enforced the decision to approach DWP. Its no good asking DWP for a reconsideration as that won't account for any new conditions.

Asking for a supersession ensures that DWP consider all newly diagnosed conditions in addition to existing issues to see if a new decision to place her into the support group can be arrived at i.e. Super ceeding the tribunals wrag decision

Is that making sense? Its complicated I know but then it aint designed to be easy.

Macca
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby FluppyPuffy » Sun Dec 30, 2012 5:44 pm



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: 15 Months down the line and still fighting ..

Postby macca » Sun Dec 30, 2012 6:16 pm

I think the other you're thinking of is Reg 29 but that is about getting into wrag. Reg 35 relates to admittance to the Support Group.

Our case for application of Reg 35 is that to not find her to have limited capability for work related activity, and so force her onto the work programme, then both physical and mental harm would result to my wife.

We've detailed how we believe physical and mental harm would result and her GP, being the person that knows her medical condition best has confirmed in writing that he supports her application. He has also supported her application for the support group on the basis of meeting the SG Mobilising descriptor i.e. :

"Cannot repeatedly mobilise 50 metres within a reasonable timescale without severe discomfort and exhaustion"

At her tribunal they awarded her 9 points against the mobilising descriptor, i.e. Just one position away from scoring the full 15 points and that was without being able to consider the newly diagnosed conditions.

Its all very heavy, and my wife has freely said that she would not have had the energy, drive or confidence to fight it herself and would just have given up without support.

How many people out there going through this do just give up and fade away from the system?

Macca
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby macca » Wed Jan 02, 2013 5:44 pm

Hey all, funny thing happened today.

My wife got a call from DWP. She said the guy was really nice and very sympathetic. He said he'd gone through the huge submission that we'd sent in and decided that she clearly should have been put in the ESA Support Group from the start.

She has been put in the support group and backdated ro December 2011, to be reviewed December 2013. He also said he would be writing to our MP to update him on the outcome. ...... RESULT !

The pair of us are mentally exhausted and mega relieved.

So if you find yourself in a similar situation, take time to articulate the facts, give full account of how your conditions affect you and your ability. Get support from your GP and if at all possible your MP also. Above all else keep fighting 'til theres nothing left to fight for.

Good luck guys.

Macca.
macca
UKFM Member
 
Posts: 185
Joined: Sat Dec 29, 2012 7:40 pm

Re: 15 Months down the line and still fighting ..

Postby shazq » Wed Jan 02, 2013 6:40 pm

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.
User avatar
shazq
UKFM Veteran
 
Posts: 11449
Joined: Wed Feb 11, 2009 8:16 pm
Location: wrapped up under my duvet at home.

Re: 15 Months down the line and still fighting ..

Postby FluppyPuffy » Wed Jan 02, 2013 9:35 pm

Fab news for both of you :bear-dancing: :bear-dancing: :bear-dancing: :bear-dancing: Can't think of a much better way to start the New Year off :happy-new-year-group-1: :happy-new-year-group-1: :happy-new-year-group-1:


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!!!

Next

Return to DWP, Working & Benefits

Who is online

Users browsing this forum: No registered users and 5 guests