Esa medical report advice

JoxJox_2

Hi guys i have been lost my DLA in Sept 2010 i went from HRM and HRC to LRC only and i have been waiting for my tribunal for the 8 months.

I am still looking and finding points that need to be raised within all of the paper work, In the appeal submission from the DWP they reffer to ESA medical report which was 15 months old at the time of the claim however i personally believe although i was not 100% happy with the ESA report i still believe there is enough evidence in that report alone to award me, further more my condition and problems had increased in the 15 months after that ESA report making it in my eyes irrelevant to my condition at the time of the claim and i submitted new fresh evidence with my renewal from 2 separate doctors that both support my claim.

I believe on the basic that the esa report was 15 months old at the time of the claim and the fact that there was NEW up to date evidence available from my GP and consultant that this ESA report should be ruled out without question BUT i still want point out things in the report that need to me raised.



This is what the ESA report stated about my ability to walk

Is able to walk at a slow pace 100 meters to the buss stop occasionally which takes 10 minuets.

While this may have been true at the time i could not walk ANY of that distance without sever pain and i would only ever attempt to walk that distance if i had to ie attending a medical examination or hospital appointment, i have no other means of transport i think its unfair for that report not to mention this walking caused me considerable pain and the fact that i takes me 10 minuets must account for something?

A few other extracts from the report also


is able to manage stairs but with pain

sleeps poorly due pain

bending down to put on socks and shoes usually laces a problem

always finds it difficult to bath due to bending problems

is always able to dress them selves ( then further down she states) usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.

appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair

had some difficulty rising from sitting in an upright chair but did not need physical assistance

gait observed limping and found this consistent


Then her final conclusion was that my pain was "moderate" on a low strength pain killer "co codamol"

This is also what the DWP say in their appeal submission

"although they have some pain on walking,medical evidence (esa report) shows their perthes disease is mild and on low strength medication it is considered they can walk up to 200 meters and there fore is not virtually unable to walk

Again remembering this report is 15 months old, i have since been prescribed stronger pain killers "Tramadol" and my gp and consultants report both state im in pain at all times when walking.

And for the care side of things that say although i have some difficulties bending i should be able to manage most of my self care needs.

Now the thing is that old esa report clearly mentions problems with bending dressing etc it seems the final conclusion that states my pain is "mild" has been the determining factor? they have acknowledge problems with walking and even care but seem to say that because its mild it do sent count?


Well i can tell you that it is not mild at all not even 15 months ago 15 months later it is infact alot worse, i have reports from my gp and consultant dated over 12 months after that ESA report which state i have pain at all times when walking and that i have difficulties getting dressed and with other care needs my consultants report says im having to get by with "strong pain killers"

i am currently on the waiting list for a hip replacement which i don't think will help anyway as this is after the claim was made i am just VERY annoyed they have used that old esa medical which imo is not that bad and clearly states i have problems over new up to date evidence that again cleary states i have problems and alot of pain.

im just after all the help i can get now so any thoughts or advice would be greatly appreciated

thanks

jox

tempested

JoxJox wrote: »

Hi guys i have been lost my DLA in Sept 2010 i went from HRM and HRC to LRC only and i have been waiting for my tribunal for the 8 months.

I am still looking and finding points that need to be raised within all of the paper work, In the appeal submission from the DWP they reffer to ESA medical report which was 15 months old at the time of the claim however i personally believe although i was not 100% happy with the ESA report i still believe there is enough evidence in that report alone to award me, further more my condition and problems had increased in the 15 months after that ESA report making it in my eyes irrelevant to my condition at the time of the claim and i submitted new fresh evidence with my renewal from 2 separate doctors that both support my claim.

I believe on the basic that the esa report was 15 months old at the time of the claim and the fact that there was NEW up to date evidence available from my GP and consultant that this ESA report should be ruled out without question BUT i still want point out things in the report that need to me raised.



This is what the ESA report stated about my ability to walk

Is able to walk at a slow pace 100 meters to the buss stop occasionally which takes 10 minuets.

While this may have been true at the time i could not walk ANY of that distance without sever pain and i would only ever attempt to walk that distance if i had to ie attending a medical examination or hospital appointment, i have no other means of transport i think its unfair for that report not to mention this walking caused me considerable pain and the fact that i takes me 10 minuets must account for something?

A few other extracts from the report also


is able to manage stairs but with pain

sleeps poorly due pain

bending down to put on socks and shoes usually laces a problem

always finds it difficult to bath due to bending problems

is always able to dress them selves ( then further down she states) usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.

appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair

had some difficulty rising from sitting in an upright chair but did not need physical assistance

gait observed limping and found this consistent


Then her final conclusion was that my pain was "moderate" on a low strength pain killer "co codamol"

This is also what the DWP say in their appeal submission

"although they have some pain on walking,medical evidence (esa report) shows their perthes disease is mild and on low strength medication it is considered they can walk up to 200 meters and there fore is not virtually unable to walk

Again remembering this report is 15 months old, i have since been prescribed stronger pain killers "Tramadol" and my gp and consultants report both state im in pain at all times when walking.

And for the care side of things that say although i have some difficulties bending i should be able to manage most of my self care needs.

Now the thing is that old esa report clearly mentions problems with bending dressing etc it seems the final conclusion that states my pain is "mild" has been the determining factor? they have acknowledge problems with walking and even care but seem to say that because its mild it do sent count?


Well i can tell you that it is not mild at all not even 15 months ago 15 months later it is infact alot worse, i have reports from my gp and consultant dated over 12 months after that ESA report which state i have pain at all times when walking and that i have difficulties getting dressed and with other care needs my consultants report says im having to get by with "strong pain killers"





thanks

jox

In all of that you have described only the symptoms. Where are the 'needs'?

As for the ESA report, did you appeal against it or have you allowed it to stay and by default, accepted that it is correct?

With respect, Tramadol is not a 'strong' pain killer.
Many claimants are being refused DLA, even though they are taking Tramadol AND Morphine! There is even stronger medication than Morphine that is routinely prescribed for pain, Fenanyl for example.


Is able to walk at a slow pace 100 meters to the buss stop occasionally which takes 10 minuets. Is that what YOU told the ATOS assessor?

But it seems that based on the examination, the DWP have considered that that is an exageration, bearing in mind the type of drugs you are on.

In my opinion you have failed to describe exactly what your care needs and mobility problems are, giving examples, for how long, when, how often etc.

Even with that sort of information, it is now common place not to grant DLA unless the needs of care and mobility are more severe now than they were in the past. In other words, the 'finishing line' to get any sort of award has been stretched way beyond what was normal a year or two ago.

It is only recently that having no legs was changed as being a disablity and having needs! That was as a result of the media hype over the war veterans with legs blown off that made the government think again!

I wish you all the luck in the world, but there are many out there in a lot worse situation that have been refused and not having the strength to fight the decision, have given up altogether. If you have the ability to fight the case, then I am glad, but you are one of the lucky ones that the disability and all of the needs that goes with it allows that to happen.

deathvalleydemon

i supplied ATOS with reports from my doctors, that tell them that if i have the slighest bit of stress to my neck then i risk being paralysed. i was even in a nek brace at the medical. it was totally ignored from the report.i cannot use my left arm at all, lost 70% functioning in my back, damaged nerve ends that will never recover, fibromyalgia and M.E and i failed the medical.

i want to work, i cannot stress that enough, but if when i find another job i end up in a wheelchair i will be suing atos for all that they are worth.

tempested

deathvalleydemon wrote: »

i supplied ATOS with reports from my doctors, that tell them that if i have the slighest bit of stress to my neck then i risk being paralysed. i was even in a nek brace at the medical. it was totally ignored from the report.i cannot use my left arm at all, lost 70% functioning in my back, damaged nerve ends that will never recover, fibromyalgia and M.E and i failed the medical.

i want to work, i cannot stress that enough, but if when i find another job i end up in a wheelchair i will be suing atos for all that they are worth.

Why would you want to sue ATOS? If you now want to claim JSA, all you need do is speak to the Disability Advisor when you make a claim, and they will work with you to find a job that suits your disability.

And if I have any trauma to my chest area, I am likely to rupture my Hepatic Portal Vein and bleed to death internally within minutes. That doesn't stop me form engaging in activities that MAY cause that to happen!! I would not want to wrap myself up in cotton wool for the rest of my life. If I have to go, I want it to be when I am doing things I enjoy! Life is for living, not worrying about what may or could happen.

Another example of 'Sick Note Britain'!!

JoxJox_2

tempested wrote: »

In all of that you have described only the symptoms. Where are the 'needs'?

I went into great detail in my original claim form on my care needs but a brief description would be

: Getting in and out of bed

: dressing the lower half of my body ie underwear,socks,shoes trousers

:getting in and out of the bath

:washing the lower half of my body

:getting in and up from chairs

:getting on and off of the toilet

:getting up and down stairs


All of the above are causing me great difficulty's and pain due to the the pain in my hip which makes any form of bending weight baring very painful which is consistent with the above tasks.

This is an extract from my orthopedic consultant's report

"i can confirm that mr *** is under my care at the royal ortheopedic hospital he has on going problems due to perthers disease as a child He has deterationg pain in his hip perticualy on walking and at night The pain is worse since he was last reviewd 12 months ago. His left hip was extremely stiff and had flexion of just 80 degrees with no rotational movement what so ever which therefore makes it very difficult for him to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living.

It is likely that he will need a hip replacement but we are trying to delay this as long as possible as he is therefore having to cope as best he can with strong pain killers"

tempested wrote: »

As for the ESA report, did you appeal against it or have you allowed it to stay and by default, accepted that it is correct?

I did not appeal against this at the time because i actually scored enough points at the medical and was placed in the work related group although i was not 100% happy with the report i did not want to risk loosing everything altogether by appealing.

tempested wrote: »

Is able to walk at a slow pace 100 meters to the buss stop occasionally which takes 10 minuets. Is that what YOU told the ATOS assessor?

No this is not what i told the examiner, when asked about walking i said i could not walk any distance without sever discomfort as i can not bare any weight on my hip because it is extremely painful.

I was asked how i traveled to the medical and i said by public transport bus, she then asked how far away the bus stop was from my house i said i was unsure she asked me to estimate i said around 100 meters and informed her that i could not walk any of that distance without sever pain and i was left fatigued for hours afterwards however the pain and fatigue was not mentioned in the report only that occasionally im able to walk 100 meters which is certainly not something i did regularly i only if i absolutely had to which i also explained because i have no other means of transport and could not afford a taxi to and from the medical examination.

But as i say although im not happy with the 15 month old atos report, my new up to date evidence from my gp and consultant show there has been a deterioration of my health in the last 12months my orthopedics consultants report states the pain has got worse in the last 12 months therefore a report compiled over 12 months ago IE THE ATOS REPORT which is actually 15 months old should not be used to paint a picture of my condition at the time of the claim when new evidence shows a deterioration

deathvalleydemon

tempested wrote: »

Another example of 'Sick Note Britain'!!

i was happy in a full time job before my accident thankyou very much.

sick note britain my !!!!!!.

Brassedoff

deathvalleydemon wrote: »

i was happy in a full time job before my accident thankyou very much.

sick note britain my !!!!!!.

Well done, my sentiments exactly. It cheeses me off the amount of people who forget accidents happen.

cit_k

Many atos reports belong in the fiction section of a library.

mouseymousey99

Hello tempsted You say 'Many claimants are being refused DLA, even though they are taking Tramadol AND Morphine' May I just ask what you evidence are basing this on? Many thanks.

tempested

JoxJox wrote: »

I went into great detail in my original claim form on my care needs but a brief description would be

: Getting in and out of bed

: dressing the lower half of my body ie underwear,socks,shoes trousers

:getting in and out of the bath

:washing the lower half of my body

:getting in and up from chairs

:getting on and off of the toilet

:getting up and down stairs


All of the above are causing me great difficulty's and pain due to the the pain in my hip which makes any form of bending weight baring very painful which is consistent with the above tasks.

This is an extract from my orthopedic consultant's report

"i can confirm that mr *** is under my care at the royal ortheopedic hospital he has on going problems due to perthers disease as a child He has deterationg pain in his hip perticualy on walking and at night The pain is worse since he was last reviewd 12 months ago. His left hip was extremely stiff and had flexion of just 80 degrees with no rotational movement what so ever which therefore makes it very difficult for him to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living.

It is likely that he will need a hip replacement but we are trying to delay this as long as possible as he is therefore having to cope as best he can with strong pain killers"






I did not appeal against this at the time because i actually scored enough points at the medical and was placed in the work related group although i was not 100% happy with the report i did not want to risk loosing everything altogether by appealing.




No this is not what i told the examiner, when asked about walking i said i could not walk any distance without sever discomfort as i can not bare any weight on my hip because it is extremely painful.

I was asked how i traveled to the medical and i said by public transport bus, she then asked how far away the bus stop was from my house i said i was unsure she asked me to estimate i said around 100 meters and informed her that i could not walk any of that distance without sever pain and i was left fatigued for hours afterwards however the pain and fatigue was not mentioned in the report only that occasionally im able to walk 100 meters which is certainly not something i did regularly i only if i absolutely had to which i also explained because i have no other means of transport and could not afford a taxi to and from the medical examination.

But as i say although im not happy with the 15 month old atos report, my new up to date evidence from my gp and consultant show there has been a deterioration of my health in the last 12months my orthopedics consultants report states the pain has got worse in the last 12 months therefore a report compiled over 12 months ago IE THE ATOS REPORT which is actually 15 months old should not be used to paint a picture of my condition at the time of the claim when new evidence shows a deterioration

Thank you.

What you seem to be forgetting is that the ATOS assessment is considered to carry more weight than evidence that you provide. In all of this, they are the only one that has prepared a report into your work/life abilities relevant to 'disability medicine'. Your reports are purely of a clinical nature.

As for not appealing against the ATOS assessment, you have accepted by default that the ATOS report IS correct!
Even if you had 55 points, you should have contacted the DWP to challenge the report that was prepared on you.

tempested

Brassedoff wrote: »

Well done, my sentiments exactly. It cheeses me off the amount of people who forget accidents happen.

Of course accidents happen. It's how you deal with the aftermath of them!

I have been in a major collision in my car in the past. I was off work for 4 months. I worked from home whilst recovering.
It didn't cross my mind to claim a sickness/disability benefit because of it. Not everyone does.