Author Topic: "Nil points" say A-tossers on my scorecard!  (Read 2559 times)

TemporallyLoopy

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"Nil points" say A-tossers on my scorecard!
« on: June 24, 2013, 07:48:20 PM »
........ never thought I would say that epilepsy is making my life easier but it certainly is at the moment.
 
I received the paperwork package I had requested back from the DWP in respect of my ESA Appeal and received the scorecard thingy that they had used with the report from my ATOS medical to put me into the WRAG.

If it didn't make me want to cry, it would be truly hysterically funny.  I was awarded zero, yes zero points on everything except for the 15 awarded for being conscious (which I had to be awarded due to seizures).

Funnily enough, the one thing that was not included in the package was a copy of the ESA113 which my (ex) GP filled in, I can only imagine that it was this (somewhat erroneous) report which caused most of the problems with yours and my favourite company.

All the best, sorry I haven't been around for a while but I haven't been well again and this type of thing isn't helping  >whistle<

T.Loopy

Life is what happens to you when you're making other plans.

(Betty Talmadge, b. 1924)

Monic1511

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #1 on: June 24, 2013, 08:06:15 PM »
Hi TL

I hope you have representation for the upcoming tribunal.  As for the support group criteria it has nothing in it that covers epilepsy - your best best would be to use a diary of seizures to show that they are unpredictable and would be a danger to yourself and any other person in a workplace.   It will depend on the tribunal if they agree as many folk do work with e - even uncontrolled e and please don't take that amins as I am not saying you would be able to - I obviously don't know the severity or frequency of your seizures

good luck
Monic

ps I won't pick up a response till tomorrow night - Im starting to fail and need to go to bed - back up at 5am
night night
 >zzz<

auntieCtheM

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #2 on: June 24, 2013, 08:10:11 PM »
 >hugs<

We really need a smile that offers a paper hanky here.

TemporallyLoopy

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #3 on: June 24, 2013, 08:47:03 PM »
Thanks for your response Monic, don't worry my Appeal is on the basis of my mobility not seizures.  As I am currently HRM / MRC I am fighting it under Schedule 3 thingy.

I use crutches for walking and have to pause frequently due to pain and exhaustion.  I rarely leave the house and am generally taken everywhere my car.  I could not be (forced) to use a wheelchair because I have neck / shoulder / wrist problems and also brittle asthma which makes physical exertion very problematic - and personally I think pushing yourself in a wheelchair would be very intensive!

Luckily I had a face to face DLA medical last time and even the doctor who examine me then said I could not walk further 200m (very slow gait on a good day) and would have to stop every 50m or so.  He also made the point that I would have to be accompanied when I was out because of my seizure activity.  Since then (about four years ago) my walking has deteriorated as the ligaments in my ankles are giving out.

Re. upcoming tribunal.  It's difficult to find professional support where I am in such a rural place.  My local CAB does not have a benefits expert and although I may be able to get some advice in the next town it is doubtful they would accompany me to a tribunal.  My family solicitor does not deal with this type of thing only industrial tribunals. 

We are looking into getting advice from my mother's old union and a couple of other places but, at the moment, I have not even had any papers to sign and return to the DWP in respect of the Appeal.  I only know that they received my original letter requesting an Appeal on the grounds of Schedule 3 because of: a) recorded delivery and b) my JC Plus advisor could see it on her computer system.  According to my advisor they are running at about six months so I will have plenty of time to get things together I guess.  Although I am surprised that I haven't had to sign anything yet.

T.Loopy

Life is what happens to you when you're making other plans.

(Betty Talmadge, b. 1924)

devine63

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #4 on: June 25, 2013, 12:18:21 AM »
Hi TLoopy

sorry to hear about all this - for a helper for the appeal process you might try local disability advice centres

also you could try:  http://www.actionforadvocacy.org.uk/index.jsp  which is a national org for advcacy

regards, Deb
regards, Deb

[devine63]

TemporallyLoopy

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #5 on: June 28, 2013, 03:48:54 PM »
Ho hum, the union can't / won't help.  It only offers help if the "family member" is under the age of 18.

I am just going to take things slowly, try to calm down, spend the next week or so going through the ATOS report again line by line and compose my rebuttal (I had started it a month or so ago but was waiting for the paperwork to do it properly). 

It is such a strange report from the nurse when she says one thing but then awards zero points, she also talks of a "curtailed" medical but I was there for an hour and there was no mentioned of it being cut short.  The only thing I can think it refers to is that she did not make me "do" anything because of the mentioned pain factor due to my medical conditions but I did not suggest her doing so - that was her decision.

There is a CAB that might be of some help but it is about 15 miles away and even then they would not attend Tribunals but would only offer an appointment to discuss things so am not sure how much use it would be.  I might see about it when I have got some paperwork together and some medical evidence as they may be of some use getting it into a state to send off properly.

Unfortunately we have no "local" anything and I have a mother who is ill (Stage 4 kidney failure, I/D diabetic, arthritis etc.) and a father who is trying to cope with both of us and, to be honest, is trying to be supportive, but now tends to lose his temper when I get upset about what is going on because it (in turn) upsets my mother which makes her ill. 

I am determined to fight it but am sick of everything.  Until last year I had a wonderful doctor who I trusted, then this young GP came along who we were all told to "give a chance" to (and, in any case, none of the lady GPs were taking any patients on). 

I am so furious that he must have taken one look at me and made a snap decision about me without reading my medical records - this is the only thing I can think he did. To take so little care in filling out a report and to write something that you do not even know is correct about someone's mobility (knowing what ATOS) are like is just WRONG.  I cannot express how it has made me feel  >steam<

It was bad enough during my last appointment when I was told about "modern thinking was that fifty per cent of pain being in the mind and medication being used as a crutch".  I looked at him and thought, I went through this in my early twenties when I was trying to get diagnosed with M.E. and in those days in was called "yuppie flu".  Then, a few years later, before I had a hysterectomy and was being told that "pain was part of being a woman" and that I had to put up with bleeding continuously for six (yes, six) months to a time. 

I really don't need to hear "modern thinking" which doesn't sound modern at all but sounds as though it is a re-hash of what I was being told back in the 80s!

Right, sorry, rant over. BTW I still haven't had any paperwork back to sign from the DWP asking whether or not I want an Oral Hearing.

All the best
T.Loopy
Life is what happens to you when you're making other plans.

(Betty Talmadge, b. 1924)

KizzyKazaer

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #6 on: June 28, 2013, 04:45:45 PM »
Quote
It was bad enough during my last appointment when I was told about "modern thinking was that fifty per cent of pain being in the mind and medication being used as a crutch".

That's 'modern thinking'??  Scary, but also my cynic mode is on:  sounds like 'let's try and blame the patient so we can get away with doing less' to me!

Would it be possible to change your GP now?  He's had his 'chance' with you and he sounds like a bit of a knob, to be quite frank.

bubble

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #7 on: June 28, 2013, 05:55:18 PM »
Quote
It was bad enough during my last appointment when I was told about "modern thinking was that fifty per cent of pain being in the mind and medication being used as a crutch".

That's 'modern thinking'??  Scary, but also my cynic mode is on:  sounds like 'let's try and blame the patient so we can get away with doing less' to me!

Would it be possible to change your GP now?  He's had his 'chance' with you and he sounds like a bit of a knob, to be quite frank.


lolol Kizzy and quite right too lol >biggergrin<

Dic Penderyn

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #8 on: June 28, 2013, 05:55:55 PM »
Should of poked him in the eye with a sharp pencil then asked him if it really hurt or was it just his imagination.
Be careful in what you wish for, God has a sense of humour

bubble

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #9 on: June 28, 2013, 06:07:25 PM »
I had gall stone pain not then diagnosed, and the dr asked if I was depressed, Ive had severe pain been rushed in to a and e then sent home when it subsides, when i looked at my gp record it said i have a low pain threshold.............. now I know it was pancreatitiis.

Reading an explanation of that pain, " is like acid being poured on the sensitive parts of your skin."
I wonder if they had it if they would think its in their head,,,,,,,,,,,,,,, bbb r stewards, who should know better.

ditchdwellers

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #10 on: June 28, 2013, 06:27:09 PM »
 >hugs< good luck with it all.

Fiz

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #11 on: June 28, 2013, 06:27:55 PM »
Should of poked him in the eye with a sharp pencil then asked him if it really hurt or was it just his imagination.

 >biggrin<

Sounds like an atrocious Doctor, I would refuse to see him. Is there another Doctor within the practice you can choose to see instead?

My experience of CAB have been very variable, my local one has never provided me anyone who knew more than I did and therefore was any help by last January when I was very unwell MIND made me an appointment at another CAB office and there the lady was lovely and extremely supportive and she more or less did the form for me which was just as well as I couldn't. Makes me wonder how people manage if they are very unwell and have no help.

What I did with my recent form was to set myself a goal to work through a set number of pages a day and then set it aside until the next day and that way it seemed achievable. When I appealed my 0 points ESA I did exactly what you did and went through it point by point explaining where I disagreed with what was said and like you, the nurse had said I had 'declined to bend forward' whereas the fact was I had said to her that I would and could bend but that it would cause pain that then lasts for days and the nurse said "oh don't do it then" which in my book was not me refusing to bend. I said I would and could, just pointed out the pain it would cause me. If it encourages you at all the Tribunal awarded me my 15 points within seconds of walking into the Tribunal room and were lovely and understanding.

Monic1511

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #12 on: June 28, 2013, 07:41:20 PM »
Hi TL
"BTW I still haven't had any paperwork back to sign from the DWP asking whether or not I want an Oral Hearing."

this usually comes from the tribunal service and is known as a TAS1 - its a 2 page doc that asks the following (from memory) >doh<

Do you wish to withdraw your appeal - tick this box
Do you wish an oral(face to face) or paper hearing
If you wish an oral hearing will you accept a cancellation - I'd always say no to this as they them give you a minumum of 14 days notice - rather than 1 or 2
Do you have a representative - name & address of rep if you have one
Do you require additional aids - hearing loop, access to a lift etc
Are there specific days you regularly cannot attend in the next 3 months - (regular hospital appts)

I think there is one for further evidence but can't remember for sure
good luck
Monic


TemporallyLoopy

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #13 on: June 29, 2013, 12:18:46 AM »
Thank you all for your responses.  It makes me feel better just knowing that there are other people out there at the end of the keyboard if you know what I mean.

Monic - thanks, I wondered where the acknowledgement was supposed to come from.

Onwards and upwards. 
T.Loopy

 >bighugs<
Life is what happens to you when you're making other plans.

(Betty Talmadge, b. 1924)

seegee

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Re: "Nil points" say A-tossers on my scorecard!
« Reply #14 on: June 29, 2013, 11:41:13 AM »
Hope it gets sorted without too much waiting, TL.  >bighugs<

As for pain being half "in the mind" - that may or may not be so; it doesn't change the amount of xx drug needed to keep it controlled at all, though it might well support wider use of some non-pharmaceutical treatments (I bet the pharma companies aren't pushing very hard for more research there though >erm<)...
Surely it's accepted by nearly everyone that, for example, relaxed muscles put less stress on damaged lower vertebrae when lying down (so it's easier to sleep) - so it shouldn't be surprising that some "non-medical" treatments can help reduce pain for some people

However, if the tense muscles are stopping your hips from dislocating, relaxation really isn't going to make it better. >yikes<