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  • FIRST POST
    • Iwanttobefree
    • By Iwanttobefree 16th Jun 17, 1:23 PM
    • 1,217Posts
    • 3,072Thanks
    Iwanttobefree
    Work capability assessment, I scored 0 points.
    • #1
    • 16th Jun 17, 1:23 PM
    Work capability assessment, I scored 0 points. 16th Jun 17 at 1:23 PM
    Had a phone call today from them saying my ESA stops from now as I scored 0 points.

    They asked if anything had changed, I went through the problems I'm having and they said they had that all written down.

    To be honest, I didn't think I would score the needed 15 points after two replacement knees last year, but to score 0? Makes me wonder how others are scored.

    I have arthritis in both my lower and upper back.

    My lower back means I cant walk more than 50 - 100 yrds or stand for more than 3 to 5 mins without being in crippling pain.

    My upper back causes me to have approx 2 - 3 days every week or two where I have severe neck pain/headache, the headache over the entire back of my head.

    When I had my assessment I had a broken elbow due to one of my new knees giving way, as I explained on the phone this morning, my knee surgeon said that was impossible and it must be back related, trapping a nerve.

    My knee replacements were done to elevate pain, not help fix mobility, I've had problems with them since I was 15. The surgeon said that I shouldn't expect to be able to do many things others do after knee replacements.

    I cant bend them more than 90 degrees which makes kneeling/squatting out of the question.

    I suffered from severe CFS/ME for many years and while thankfully that was cured after an operation (that I wanted them to do in the 90s but they refused saying budgets/age etc) a few years ago, but the one thing I haven't recovered from is short term memory problems. it was a lot worse when I had CFS, and it comes and goes at the moment, but when it happens, it's bad.

    It's not the sort of thing that happens to us all as we get older, such as going upstairs and wondering what we came up there for, the example my wife always uses is I had to have a tablet at 7pm. I asked my wife if she could get it for me and she responded "you asked me 5 mins ago, and you've just taken it" and I have zero recollection of that happening.

    That happens fairly regularly. I play an online game, it's become a standing joke that the group of people I play with have to explain something to me 3 days in a row as i cant remember what they said the previous day etc.

    I suffer from severe nausea, have anti sickness tablets every single day and more often than not, they don't work, and when i feel really really sick, it's not very pleasant. Sitting in certain positions really aggravates this, such as sitting with my body twisted to the right (sitting in a chair, talking to someone sitting on my right)

    I also suffer from migraines, get then few hrs at a time (used to get them for days at a time, but since on medication, a lot better)

    With the pain in my back, and my knees (pain in my knees most noticeable lying on my side in bed), I'm constantly waking up every 1 - 2 hrs, hence constantly tired in the day.

    Ever since I had CFS/ME I cant handle the slightest bit of stress. I used to work in a high stress job, but anything that causes me stress now, makes me come over really tired and exhausted.

    And I score zero points with all that?

    So, I've been getting the whopping benefit of £107 a week, and am on a DMP that we are struggling to pay, but managing.

    And now after one phone call, that goes down to £73.10 meaning we are £156 worse off a month until I find a job.

    So. all I have to do is find an employer that's happy to employ me, a 53 year old who due to severe health issues in the past, hasn't worked since 1999.

    I cant stand for more than a couple of mins, I cant do any job requiring me to kneel, squat, climb stairs/ladders. Cant do anything where I'm lifting anything unless its from table height to table height.

    That rules out cleaning jobs, takeaway jobs, 99.99% of shop work, warehouse jobs etc.

    Often I will feel extremely sick and need a break, often I will have such a bad headache that I cant concentrate at all.

    and I often wont remember what they tell me to do

    This should be fun, along with my current complaint about one of my debts thats with the Ombudsman, this isn't going to add any more stress to me or my wife (who is working 6 days a week to keep us above disaster).

    The joys of being ill.

    Now I have an appointment with the job centre next week. This is going to be fun.

    I've been looking every few days since my last knee replacement for any job I could do part time, so far in my area, I have seen zero

    We currently are paying £186 a month to clear our debts on the DMP, not sure those 10 companies would be happy with that reducing to £30 until I manage to find some sort of job I can do.

    Note, I am more than happy to work, I do look for jobs all the time, but due to my various problems, I am simply incapable of actually doing them
    Last edited by Iwanttobefree; 16-06-2017 at 1:28 PM.
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
Page 6
    • poppy12345
    • By poppy12345 30th Jan 18, 7:11 PM
    • 2,095 Posts
    • 1,985 Thanks
    poppy12345
    My husband was claiming DLA with no problems then he was told he would be switching to PIP, We filled in the form detailing all his problems and then had the face to face where he scored nothing. Since 2010 my husband has had severe short term memory problems and scrambled long term memory issues. He can ask me the same question 3 times in a minute. I cannot give him a bank card as he draws money out willy nilly every day so I just give him £3 for his papers every day now. I cannot send him into town on his own as he does not know town as it is now its still 25 years ago to him. His doctor has moved so he can't go to the doctors on his own . He knows his local area and can go to the shop round the corner. He walks me to school to work every day then he goes home a journey that is ingrained as he has taken his lads to school and then me for the past 17 years. He cannot cook a meal for himself as he knows where nothing is in the kitchen. I leave him a flask of coffee every morning. I have a whiteboard on his table which tells him his lunch is in the microwave, press start 7 times. Plus anything he has to watch on sky planner. If he turns the telly off for some reason he can't get it back on again so he has to ring me to talk him through it. He is not comfortable with strangers or in company with people he knows he is quiet as he does not understand sometimes the conversations going on so has no context. We have our appeal heard on 13th February, been waiting for just over 6 months. What chance will we have do you think of a good result.
    Originally posted by LynV
    This thread is all about someone elses ESA claim, so completely different to PIP. I would advice you to start your own post, this way you'll have a lot more people reply.
    • JimiBoo
    • By JimiBoo 30th Jan 18, 11:17 PM
    • 1 Posts
    • 0 Thanks
    JimiBoo
    Hi can you advice me please my mother has had a claim in for esa since April 2016 in November 2017 her support worker rung DWP to ask why she has not had a medical they told her that she got lost in the system so she asked how that was possible has they had been sending reminders for her fit notes anyway they sent her a formal to fill in for medical assessment which was returned in December with supporting evidence and has heard nothing since is this a normal process or should I seek advice thanks
    • Iwanttobefree
    • By Iwanttobefree 9th Feb 18, 5:59 PM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    Today, I had my Tribunal.

    I was told before it started that due to so many cases, everyone will hear via post either tomorrow or Monday at the latest.

    I'm not getting my hopes up, I don't think it went that well.

    The problem is, I couldn't think straight, and when they asked me questions, I was thinking about it and saying "well I suppose yes" and before I got to the word "however", the judge women interrupted me and said "that's all we need to know"

    It felt like watching a court room film where someone is portrayed differently under cross examination as they are asked yes or no questions which imply one thing, but aren't allowed to explain their answer.

    The classic example being "does your mum know your stupid, yes or no"

    Yes your mum knows you are stupid, or no your mum doesn't know you are stupid, but it's still implied that you are.

    The doctor asked me a question about driving, we drove a few times to my sons uni over the years, some occasions my wife drove the entire way, some occasions I drove part of the way until I felt tired.

    She asked me about a specific journey last year, I couldn't remember, my mind was completely like a sieve, I said "I think my wife drove that day" to which she replied "but you've put in your notes that you drove some of the way"

    I felt like saying "why ask then ", it felt like she was trying to catch me out, when the truth is, the paper work was at 180 pages, I had written many things over the course of the year, I simply didn't remember.

    From what they said some of the time, they appeared to have read all 180 pages, but other times, it felt like they hadn't.

    They asked me about my ability to use a wheelchair but didn't seem interested in the fact both my Physio and GP think it will hinder my recovery.

    The worst was when talking about my depression.

    I don't really want to go into it in detail here, just will say that unless I'm concentrating on remaining calm, I verbally snap when asked the most mundane things.


    I went into detail about this aspect of my depression, how I hate talking to people in real life and avoid them at all costs. They asked my wife how often I act like that towards her, she said about 3 times a week.

    This is when I'm concentrating on something, say taking part in a thread on discussion time, and in thought mode, or replying to a DMP letter. Someone interrupting my thought to say offer me a coffee, can lead to a totally uncalled for outburst from me, which has only happened since my CFS/ME where I can't handle the slightest bit of stress.

    They asked me to give examples on how I've acted towards members of the public, I tried to explain that I avoid dealing with them at all costs, rarely leave the house, but I don't think they grasped it. My wife pointed out that I lost it with another customer in the supermarket in January, and I also screamed abuse at a car that didn't stop at a Zebra crossing but I don't think they grasped the seriousness of the situation, it felt like they thought I was using this as some sort of excuse.

    I tried to explain that when I've had a few weeks to prepare for my Tribunal, I'm concentrating the whole time on not loosing it. Likewise, a short GP appointment, I'm, concentrating on remaining calm.

    The judge woman said "surely if you are at work, you will be concentrating just as much hence you will be fine"

    She didn't seem to grasp that it's when I'm thinking about something, the slightest bit of stress tires me, and if I'm concentrating on doing my job, I am not concentrating on not loosing my temper.

    My wife tried to explain (how I used to be before I got ill and how I am now etc) but it seemed to fall on deaf ears.

    They asked us to wait outside, then called me back in and said "so, lets make sure we're understanding, you cant work 16 hours a week because you feel there's a slight chance you will be rude to someone".

    I tried to explain, but I was spoken over time and time again, was very very stressed, stuttering (which I don't normally do), getting confused, and all in all it was a very horrific experience.

    My wife told them that they weren't understanding me, and that being in the Tribunal for 30 mins or so is a completely different thing to me being in there for a few hours every day.

    And so it went on.

    Some of the time it felt like they believed me and were totally understanding me, at one point the judge woman asked why I wasn't claiming both PiP and DLA, and at another point they said we needed help and that my wife was obviously stressed having to deal with everything at the moment.

    But both me and my wife felt that the over all tone was that they are going to say no.

    By the end of it, when they asked me if there's anything to add, my mind was numb, and I just sat there, in hindsight, there was a ton of things I should have said.

    I got home at about 1pm, fell straight asleep and I've just woken up.

    Was a really really horrible experience (I've been in actual courts on numerous occasions both as a witness and as the accused, minor offences, such as possession of £8 worth of cannabis in my younger days), and none of them were as bad as this, but I wasn't ill at those times.

    There was also 2 people from the DWP sitting in as observers, not taking part, which I agreed to before hand.

    I spent weeks preparing a diary of events to explain things etc, I didn't get the chance to refer to any of them due to the questions asked.

    To be honest, while they are totally independent, I found it harder getting my voice heard to them than I did to the original medical assessor

    Ah well, I'll shut up, I'm now going to get very very very drunk, even though my medication says I mustn't drink.
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Muttleythefrog
    • By Muttleythefrog 10th Feb 18, 3:43 AM
    • 11,490 Posts
    • 21,314 Thanks
    Muttleythefrog
    It does sound like it may not have gone well... although of course hard enough for you to tell and you were there. You will find out though soon enough. Don't write off potentially claiming again better armed if you have gotten a bad outcome.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
    • Iwanttobefree
    • By Iwanttobefree 10th Feb 18, 4:09 PM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    Got the letter today, appeal refused.

    I could tell at the hearing as could my wife, the questions they asked, the way they were worded, the way I was talked over and shut up, it felt like they had decided before I entered the room.

    Really really cant be bothered with this anymore, they've won, they've worn me down.

    I will simply write to all my creditors telling them its tough luck, £1 a month for the next 7 years until mortgage is paid off, take me to court if you like, I have no money.

    All the time being signed off sick by my GP
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Blueday
    • By Blueday 11th Feb 18, 3:13 AM
    • 635 Posts
    • 1,687 Thanks
    Blueday
    Got the letter today, appeal refused.

    I could tell at the hearing as could my wife, the questions they asked, the way they were worded, the way I was talked over and shut up, it felt like they had decided before I entered the room.

    Really really cant be bothered with this anymore, they've won, they've worn me down.

    I will simply write to all my creditors telling them its tough luck, £1 a month for the next 7 years until mortgage is paid off, take me to court if you like, I have no money.

    All the time being signed off sick by my GP
    Originally posted by Iwanttobefree
    Sorry to hear this IWTBF.
    • Penitent
    • By Penitent 11th Feb 18, 12:38 PM
    • 2,055 Posts
    • 6,226 Thanks
    Penitent
    I know you're worn out and !!!!ed off right now. That's exactly how I felt after my FTT came back (mine was paper-based) and they'd basically just rubber-stamped the initial decision. This was set aside by the Upper Tribunal. Please do consider asking the Tribunal for their statement of reasons as you may be able to challenge it at the Upper Tribunal (e.g. if they favoured one piece of evidence over another without adequate reasons, if they chose a certain descriptor without giving adequate reasons).
    • Iwanttobefree
    • By Iwanttobefree 11th Feb 18, 9:40 PM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    To be honest, if you want to know how I honesty feel, a huge part of me wishes that when I go to bed tonight, I never ever wake up.

    But of course that would mean my wife and kids are left to pick up the pieces and I would never deliberately do that.

    I feel even more stressed right now.

    I wrote a post on the employment section asking them if I needed to tell an employer if I'm signed off long term sick.

    http://forums.moneysavingexpert.com/showthread.php?t=5791997

    I kept my initial post short, but I was obviously asked for further info.

    Here's part of what I wrote in post 10 of that thread.

    The very long thread is here (and I appologise for the circular rants, but I suffer from severe depression and cant handle the slightest bit of stress, stress instantly exhausts me, and I wasn't thinking at all straight in the a lot of those posts)
    Most of the replies have been helpful. But there's always a few.

    One was

    As a part time wheelchair user myself can you explain how sitting in a wheelchair for a few hours a day is any worse than sitting on a chair typing long posts on here, as for putting your health backwards, how exactly has it gone forward in the last 18 years?

    You have been off work for 18 years according to your posts, have been in receipt of benefits for 18 years, your benefits have now stopped so I am afraid if you do not want to send your wife to an early grave as you have said then you need to work, simple.

    If your wife has been working so many hours for 18 years, and paying the mortgage for the last 18 years as well as looking after the home, I would imagine she is exhausted, you have said you cannot do many tasks in the home so it would appear she bears the brunt of it all, yet she still says you cannot work, as do many other people you said, never mind what other people say, be positive for goodness sake and get a job.

    I fractured my spine many years ago, I live on Morphine/Tramadol and they only take the edge off the pain but I deal with it, maybe you need to be a hell of a lot more positive.

    I have read your many posts on differing threads, many did not agree with your posts, going round in circles and constantly telling us how many many people say you cannot work, I guess if someone tells you that long enough you believe it.
    I found that to be very judgmental, and being as !!!!ed off as I currently am at the moment, on the verge of breaking point, I simply cant take posts like thqat when all I'm, doing is asking for help., not judgement.

    and the followup reply to that post was just as bad

    Unfortunately for him, the authorities don't agree with his family and friends as he has failed to convince them that he is not capable of any type of work at all.
    The whole point of me posting in there was asking for help to get some sort of job, at the same time being honest about what I can and cant do (in fact I didn't mention most of my problems)

    If people are going to behave like that, then I simply am going to withdraw from this forum as well as most real world contact.

    I hope those people feel proud of themselves.

    I never ever swear when I'm typing but I'm really having to control myself from writing in big huge letters "why don't you all just go away and leave me alone" but in a lot worse a way.

    I was feeling a little calmer, but after reading that one persons response, I have a knot in my stomach.

    Ah well, tomorrows another day.

    Thanks for all your help and advice.

    Leaving forum now, I simply cant take this

    Bye
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Penitent
    • By Penitent 11th Feb 18, 9:47 PM
    • 2,055 Posts
    • 6,226 Thanks
    Penitent
    I completely understand. I've had to take a number of "mental health breaks" from the forum. Do what you need to do to stay safe.
    • mycleverbunnies
    • By mycleverbunnies 12th Feb 18, 12:15 AM
    • 40 Posts
    • 44 Thanks
    mycleverbunnies
    Please ignore the recent horrible(pointless) replies you had to your employment question. I struggle to comprehend why some people just seem to want to kick you when you're down.
    I have had me/cfs for 11 years and collapsed in 2016 after continuing to work full time.My ill health is entirely related to it.
    I don't think your cfs/me is cured because I recognise a lot of your current symptoms.Mental exertion/stress exhausting you,physical exertion exhausting you. Memory loss caused by the awful brain fog.Extreme fatigue.Muscle pain & stiffness.I also have a balance problem and I think it's called 'spatial awareness' - mine is flawed making me very clumsy.I can go to pour water in a cup but miss it entirely and pour it over me! My daughter bought me a tassimo to avoid this.Following instructions..There's quite a long list of your symptoms that are common with me/cfs.I hate having it as there is no cure.I find that really hard to accept. I am positive though and just need to take life at a slower pace for as long as it takes.
    Stress makes cfs/me worse so I wouldn't be surprised if your health takes a dip and your cfs/me symptoms worsen.Depression can be part of it too.You sound very low.
    A long post,sorry, to tell you to please go back to your doctor and tell them how you are feeling.Since you didn't mention your cfs/me before can you reclaim with this condition or worsening of it?.I really don't think it's cured.Maybe you went through a 'better phase' instead of full recovery. It would explain as well,your inability to find the words or the mental effort to answer questions.
    I was lucky in my esa assessment to have a neurologist assess me. He was very kind and dived forward to help me when I stumbled over something - probably my own feet.
    I am a member of a cfs/me support group and they are great.Could you contact the me association to ask if there's any in your area?
    Btw I understand what you mean.Trying to function normally at work is exhausting.Typing at home is also exhausting but you can rest when fatigue flattens you suddenly.You can't at work.
    I may be completely wrong about the cfs/me so I apologise if so.
    I just wish you all the best.You have a wife & family that love you because you're worth it.
    • Iwanttobefree
    • By Iwanttobefree 12th Feb 18, 11:28 AM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    Please ignore the recent horrible(pointless) replies you had to your employment question. I struggle to comprehend why some people just seem to want to kick you when you're down.
    I have had me/cfs for 11 years and collapsed in 2016 after continuing to work full time.My ill health is entirely related to it.
    I don't think your cfs/me is cured because I recognise a lot of your current symptoms.Mental exertion/stress exhausting you,physical exertion exhausting you. Memory loss caused by the awful brain fog.Extreme fatigue.Muscle pain & stiffness.I also have a balance problem and I think it's called 'spatial awareness' - mine is flawed making me very clumsy.I can go to pour water in a cup but miss it entirely and pour it over me! My daughter bought me a tassimo to avoid this.Following instructions..There's quite a long list of your symptoms that are common with me/cfs.I hate having it as there is no cure.I find that really hard to accept. I am positive though and just need to take life at a slower pace for as long as it takes.
    Stress makes cfs/me worse so I wouldn't be surprised if your health takes a dip and your cfs/me symptoms worsen.Depression can be part of it too.You sound very low.
    A long post,sorry, to tell you to please go back to your doctor and tell them how you are feeling.Since you didn't mention your cfs/me before can you reclaim with this condition or worsening of it?.I really don't think it's cured.Maybe you went through a 'better phase' instead of full recovery. It would explain as well,your inability to find the words or the mental effort to answer questions.
    I was lucky in my esa assessment to have a neurologist assess me. He was very kind and dived forward to help me when I stumbled over something - probably my own feet.
    I am a member of a cfs/me support group and they are great.Could you contact the me association to ask if there's any in your area?
    Btw I understand what you mean.Trying to function normally at work is exhausting.Typing at home is also exhausting but you can rest when fatigue flattens you suddenly.You can't at work.
    I may be completely wrong about the cfs/me so I apologise if so.
    I just wish you all the best.You have a wife & family that love you because you're worth it.
    Originally posted by mycleverbunnies
    Yes I agree 100%

    I came to realise this a while back.

    What happened is, because following an operation I went from being almost totally immobile, asleep all day, puffy faced, unable to read a 1/4 of a page etc

    to:

    waking up not puffy faced, being able to go out and walk the dog, not having a constant heavy woozy head, I became ecstatic and said I was cured.

    The realist is, well while I know you will understand, I'm not sure it will be clear to others.

    If a normal person has 100% energy, before my op I had 10%, after my op I had 40% so compared to how I had been, I was convinced I was cured and on top of the moon.

    I got the feeling by the questions from the doctor at my tribunal, that they simply didn't believe me.

    Rather than trying to help me, she appeared to be trying to catch me out. And asked what I thought were odd non related questions.

    I mentioned how tired I was (and to be honest anyone looking at me could see I was struggling to stay awake) , she said "but you said your CFS/ME was cured"

    I responded "no, I said I no longer suffer from the tiredness from the CFS/ME, but the reality the tiredness is just not as bad as it was, at the time, suddenly feeling less tired I thought I was cured, however it soon became apparent this wasn't the case"

    They both asked how often I go out, I took that to mean socialise, go to shops etc, not go visit the GP or do physio.

    She then said "but in your notes you say you go swimming".

    I responded "yes, the physio said I should try to do so, and it's the one place I can move around relatively pain free, if I could live my life in a pool it would be perfect"

    She then asked "Do you go to your local pool or do you belong to a health club?"

    I said "I looked at my local pool, to go swimming there two or three times a week worked out a lot more expensive than joining the health club near my house, plus the health club pool isn't very packed, plus it has a stairway down into the pool and is used by a lot of people with joint problems as part of their rehabilitation"

    Well this is what I tried to say, but the judge kept butting in along the lines of "yes yes yes, lets talk about..."

    Had I been given the chance I could have pointed them towards a newspaper article where when the local council pool was refurbished, the paper printed an article about me, asking why it was it was cheaper for me to go to the health club than the local pool, but it never got that far.

    And then they talked about my depression. I had written them a full description of how my depression affects me, especially how I interact with others (see link to me giving a full description of my depression at end of this post).

    Even though I stressed I avoid talking to people in real life at all costs, they were insistent I give recent examples of where I've lost it with people. Which of course, making sure I'm not in that situation, I could only think of one.

    My wife reminded me of another this year where I lost it with another customer in Morrisons. I explained what happened, they wanted to know if I was escorted from the shop etc. I said the shop staff didn't intervene.

    As I said in one of my previous posts, the judge then said "so, lets make sure we're understanding, you cant work 16 hours a week because you feel there's a slight chance you will be rude to someone".

    and again, "The judge woman said "surely if you are at work, you will be concentrating just as much hence you will be fine"

    And simply didn't seem to grasp what my mental health is like.

    I wasn't going to do this, as I didn't want people to know everything about me, but I've reached the point of not caring.

    This thread on this depression forum is mine, all of the info in posts 1, 2 and 6, 7, 8, and 9 of this thread explain my depression in full and was given to the tribunal in advance of the case (re-written, much shorter, most examples left out etc).

    http://www.dealingwithdepression.co.uk/showthread.php?15176-Not-sure-what-I-am-I-argue-with-my-thoughts-a-lot
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Iwanttobefree
    • By Iwanttobefree 12th Feb 18, 1:13 PM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    They are still at it on the employment thread I asked for advice about employment on.

    Normally I would ignore it, but am so stressed at the moment, the last thing I need is for someone that knows nothing about how my health is, to accuse me of basically lying.

    Yet another case of 'the truth hurts'
    Originally posted by Cheeky_Monkey
    just makes me feel like giving up on this forum altohether.

    I know you tell me to ignore the trolls, but all I did was ask for advice on getting work while signed off sick, people asked follow up questions and I replied.

    Getting told the truth hurts, when they have no idea of the truth, is more than annoying in my current state of mind.
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Issy005
    • By Issy005 12th Feb 18, 3:07 PM
    • 11 Posts
    • 0 Thanks
    Issy005
    They just lie.... or make things up. I got assessed as 0 points recently. The first thing to do is to appeal.
    • pmlindyloo
    • By pmlindyloo 12th Feb 18, 3:13 PM
    • 11,132 Posts
    • 13,049 Thanks
    pmlindyloo
    They just lie.... or make things up. I got assessed as 0 points recently. The first thing to do is to appeal.
    Originally posted by Issy005
    He has appealed and the decision found 'fit for work' was upheld.
    • Iwanttobefree
    • By Iwanttobefree 21st Feb 18, 10:14 PM
    • 1,217 Posts
    • 3,072 Thanks
    Iwanttobefree
    PLEASE NOTE: If you are going to accuse me of enjoying a life on benefits or make sarcy comments about the tribunal agreeing with the DWP assessment, please DO NOT respond here, if you do I will report your post and ask for it to be deleted. I have never reported posts before, but last week I reported a thread I created asking for employment advice, and got the whole thread deleted for the simple reason a few people were telling me that I am enjoying a life on benefits (all£0 of them currently and all £5k a year when I was getting them) and I also reported a few posters in it too (and some of those posters have been active in this thread)

    This is too serious a matter and too stressful for me to put up with such people, normally I wouldn't care, normally I hate people who report threads, but with the stress I'm under I simply don't need it and cannot react to it in a reasonable and level headed way. I'm not saying no one can say I'm doing things wrong, far from it, it's just those few people that think they know my health better than me, my wife and my GP


    I know you're worn out and !!!!ed off right now. That's exactly how I felt after my FTT came back (mine was paper-based) and they'd basically just rubber-stamped the initial decision. This was set aside by the Upper Tribunal. Please do consider asking the Tribunal for their statement of reasons as you may be able to challenge it at the Upper Tribunal (e.g. if they favoured one piece of evidence over another without adequate reasons, if they chose a certain descriptor without giving adequate reasons).
    Originally posted by Penitent
    Just to let you know, this is now in progress, awaiting their reasoning.

    They asked me some really strange (well to me) questions in my short hearing.

    For example, as part of my physio for both my spine and my back, I go swimming twice a week (well try to).

    They asked me if I did this at the local pool or a health club. I told them a health club, but they shut me up and moved on and wouldn't let me explain.

    If they had, I could have pointed them to a newspaper article in my local paper about a year ago, that is about my local council pool being refurbished, being run by a so called charity and bumping the prices so high, that it's far far cheaper if I wanted to go swimming twice a week, to belong to my local heath club (well it's a holiday resort)

    The article is the paper interviewing me (I'm mentioned by name numerous times) , as I need to use the pool for medical reasons, and the charity claiming they help those medically in need, but basically using the council pool as a money making exercise, and how I save money by joining a private club.

    That is one simple example of how I felt the hearing to be unfair, Asking me if I go to a private health club, not letting me explain, then making assumptions.

    Then there was the question about my knees. When I said how the pain from my spine and knees wake me up constantly through the night, the doctor said "but the surgeon said there is no residual pain". Again I tried to explain, but they had already decided they simply didn't believe me.

    The simple fact was, when I saw the surgeon and he asked me about the pain following my two new knees,

    before I had the two new knees, the arthritis pain was so bad in them, I felt like I wanted to literally hack my legs off, I've never experienced pain like that. I could get through a whole large tube of deep heat in one day, it was that bad.

    And that arthritis pain has gone (the constant 24/7 throbbing pain) I do get a twinge of the arthritis pain in certain weather (rain) but on a completely different scale. Hence I said to the surgeon the arthritis has totally gone, I told him I still get pains when I lie on my side that often wake me up, , but that's a different pain altogether. And he said that for some people, that goes away after a few years, for others they always have it.

    And its those pains when I lie on my side that wake me up.

    Asking me a question about me waking up at night, and when I say lying on my side causes me to have sharp pains through my knees like an electric shock, and they then cut across with "but your surgeon says you have no residual pain" and then not giving me the chance to fully explain (and can see by the expressions on their face what they are thinking), well if there's no legal reason to get this appeal reheard, then the system stinks.

    There were two DWP observers there, my wife said when we all left, she heard one of them say to the other "how on earth is he supposed to remember what he did on a particular date a year ago"

    I await the report with interest.
    I went to the doctor the other day, Lady Doctor, She says

    "We've got your test results back, we know what it is.

    You've got beating heart disease" Howard Devoto 2009
    • Penitent
    • By Penitent 22nd Feb 18, 11:50 AM
    • 2,055 Posts
    • 6,226 Thanks
    Penitent
    Remember that your challenge to the FTT can't just be based on disagreeing with them, you have to highlight an error in law. When you get the statement of reasons, look carefully at the descriptors they've chosen, whether or not they've properly explained how they got from A to B and what evidence they based it on. Have they considered whether you can do it repeatedly, safely, etc.?

    If in doubt, get help from the CAB or a local law centre.

    You may find that your request to the FTT for an Upper Tribunal hearing is rejected (mine was), but you can make a request directly to the UT if this happens.
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