Confusion

penguinSmall

AUTORANT WARNING!
I suffer from two complaints which put me at a disadvantage workwise. On applications or at interviews questions regarding health are asked. If you do not disclose, that you have a problem which may affect your ability to do the job you can be dismissed should your employer find out. If you do disclose, you don't get the job.
I am a single parent, my daughter is 16 and starting at College in September. I am currently on Income Support. I suffer from depression for which I take medication daily and have done for many years. I also have an intermittent back problem, I injured the big muscles at the bottom of my back 15 years ago. Every once in a while (2 or 3 times a year or more, lasting from a couple of weeks up to a couple of months) something sets it off and I am in intense pain and unable to stand up straight.
It can happen because I sneeze, or put my shoes on. I avoid doing anything that may cause it, no one likes having their next door neighbour wipe their backside because they can't do it themselves. It's a good thing Janet and I have been through a lot together! I don't go horse riding any more. I dropped out of College when forced into doing dance classes as a mandatory module.
But, I do not have a disability. I therefore am harassed about finding work. The last job I took out of desperation made both conditions worse. I worked as a Life Model, sitting still for long periods of time wasn't the best idea. One of the teachers did not like the way I worked (I insisted on treating the students like people. Apparently, they aren't) she would put me in difficult poses for lengthy periods in the hope I would leave. And yes, she was aware of my condition. I had a child, 7 cats and a mortgage. I had to put up with it. Towards the end of my time there I was popping co codamol like smarties.
I am now in constant pain, bearable pain, but pain I was not constantly in before. Before I took the job I was only in pain when something triggered it.
It is not that I do not want to work, those who do not want to simply don't. I know several people on the highest rate of all manner of disability benefits and it seems the only thing they can't do is work. I just would like to be allowed to do a job that I can support myself on and that will not make my health problems worse.
I have been told to claim DLA, which I did, I shan't hold my breath. But it seems that those of us with intermittent conditions are forced to go through all kinds of humiliation in order to try and get benefits we ought to have. Last time my back went I was in agony for almost three months. If no one can get me in and out of the bath, I can't wash. I deliberately drink less in the hope that it will reduce the need for the toilet. If no one is there to help me to the toilet I have to shuffle upstairs backwards on my bum and use the radiator and the sink to drag myself on and off. Which isn't apparently a disability, because I'm not like that all the time.
Who knows, maybe I'll get lucky and be hassled into taking one too many unsuitable jobs and I'll end up like that permanently and I won't have a problem!

LittleVoice

Hello, pS

I can see that it is very difficult if your back problems would mean you needed to take rather protracted periods off work if you were doing a regular job.

I think if I were in your position I would try finding what I could do which would cope with the situation. It seems to me that working as a temporary through an employment agency might be one way forward or joining a "bank" of workers for a particular organisation (like the NHS). I also know that doing temp or bank work means there are weeks when work may not be offered and this complicates claiming benefits - but it would be work.

I also wonder whether some kind of job share might work? However it maybe that as this would then be part-time, it would not pay enough. One advantage of a job share could be that, if you were off work, your partner could take on the job full-time for a period.

I've just been thinking out loud but maybe there is something you could explore there?

Savvy_Sue

And I am presuming that you've gone as far with the NHS as you can: I was having physio for a back problem (not as severe as yours) and was referred to the Active Back class: an exercise class run by physiotherapists which just aimed to get us all more mobile. It was very helpful. Also maybe a referral for constant pain - there are pain clinics.

On the plus side, if you didn't take time off sick while you were last working, that should be a point in your favour.

WRT DLA, it can help to have a Benefits or Welfare adviser help you fill the forms in because it is hard to be as negative as you might need to be, especially when it's an intermittent condition. I have a friend with ME who gets DLA, and fills his in with "On a bad day I cannot ..." and then lists how many bad days he's had in the previous 3 months, or something like that.

Conor_3

My back is completely shot. I found the best solution for me regarding employment was with the temp agencies. The good thing about them is they tend not to care so much about it and because it's temping, if you're having a bad spell with the back, you can take the time off with no repocussions. Also it gives you a chance to try different types of jobs with no pressure to stay if you don't like it.

lynzpower

hello there

On a different angle, your experience with depression would be that it is a disability, if you have been taking medication for 15 years.

My understanding is that you have had a health need over a year ( ir is it 18ms, cant rmemeber) then this IS your disability.

I didnt like having to say i was disabled ( i have recurrent pelvic problems) cos I dont want the world to know that my womb is defective), but over time, I have learned to be a bit braver and say I AM WHAT I AM. and unfortinatley, my health needs in the eyes of the law means Im disabled.

I dont always broadcast it, but i tell people when i think theres a chance I might get something out of it! ( if you see what i mean)

penguinSmall

Thanks for all the helpful advice.
I think a lot of the time the system is geared towards making people feel uneasy enough to not bother trying to claim benefits and 56 page forms are a bit of a bummer as well. Annoyingly it's usually the genuine ones who are put off as the professional scroungers have no shame to begin with. There are families around here who disown their kids if one of them gets a job!
I have a defective brain, but then I'm used to people pointing that one out.

lynzpower

penguinSmall wrote: »

Thanks for all the helpful advice.
I think a lot of the time the system is geared towards making people feel uneasy enough to not bother trying to claim benefits and 56 page forms are a bit of a bummer as well. Annoyingly it's usually the genuine ones who are put off as the professional scroungers have no shame to begin with. There are families around here who disown their kids if one of them gets a job!
I have a defective brain, but then I'm used to people pointing that one out.

I completely and utterly agree with you. Its fair to say that the benefits system is designed to make things as tricky as possible for many claimants.

Time to grow a thick skin im afraid. I know its not easy when the system makes out oyu are a scrounger when your not, yet you know of people ( we all do) who seem to sail through the claiming process and get loads/ work cash in hand/ generally skank the taxpayer.

Once you accept ( yes I know) that you have a disability, there are disability employment officers and specialist teams ( reed operate in our area, shaw trust in others etc) that can offer work based placements and support in form filling and general stuff like that.

I know what its like to be housebound and desperate to work. I was there this time last year and its UTTERLY pants. there are constant questions about homeworking that come up on here tyime & again however, im yet to see a real opportunity that would have worked for me.

The only thing I can suggest is that
a) a lot of travel agents have homeworking positions. You do need to have qualified in travel though, so I dont know how realistic this is, but do search out travel jobs in google and just see.
b) my sister used to work for the AA and they offer homeworking as standard (or they certainly used to ) and were going to put in phone line / pc etc at my folks for her to work from.

Sorry cant offer more but I do know how you feel - tremndously frustrating.

penguinSmall

I have no problem saying I have a disability, I knew I had a huge problem years ago. It's the !!!!!!s at the DWP say I haven't got one.
I know one guy who was on benefit for years on the grounds that he had 'funny spells' where he couldn't remember what year it was, thought his son was still 12 and wouldn't let his daughter in law into the house because she couldn't be his son's wife, his son was 12!
For all those years he managed to do fiddle work doing peoples gardens, he never missed a week because he'd gone back in time and he retained his driving license even though his wife claimed he sometimes forgot how to drive and she had to grab the wheel, she incidentally can't drive. Now he's on his pension, lo and behold he's fine.

lynzpower

I wonder whether there might be an interesting vis a vis with the Disability rights commission and the DWP.

Ie can you say that the DWP are discriminating against you- if they havnet picked up n the fact that your experiences of depression make you in the eyes of the law disabled. ( not your back as thats not "permanent")

Wonder if anyone knows?

Fleago

lynzpower wrote: »

I wonder whether there might be an interesting vis a vis with the Disability rights commission and the DWP.

Ie can you say that the DWP are discriminating against you- if they havnet picked up n the fact that your experiences of depression make you in the eyes of the law disabled. ( not your back as thats not "permanent")

Wonder if anyone knows?

Whilst penguinsmall's depression would likely mean that they are covered by the Disability Discrimination Act (ie a disabled person in the eyes of the law) it doesn't necessarily follow that he/she would be entitled to DLA as they would need to demonstrate that they have clear care and/or mobility needs as a result of it. A person can be be disabled in the eyes of the law but still not be entitled to DLA. However, and sadly, the awarding of it is very often dependent on how well the application forms are completed rather than the actual impact of the disability on the person.

Interestingly, penguinsmall's back problem could also, in itself, mean that they are disabled for the purposes of the DDA. Although it doesn't affect them on an ongoing basis, the DDA allows for conditions that have lasted for twelve months and are likely to recur. As long as the other criteria for all conditions is met when it occurs, ie that it has a substantial impact on day to day living, then a person with a recurring condition is covered by the Act.

Hope the above made sense?

Savvy_Sue

penguinSmall wrote: »

I have a defective brain, but then I'm used to people pointing that one out.

Join the Club ... although mine's probably OK now I've had the surgery, but I've seen the pretty pictures! :rotfl:

Fleago wrote: »

Hope the above made sense?

Made sense to me, especially the bit about how well the application forms are filled in. You really do have to lay it on thick about how you are at your worst, which of course most of us prefer not to think about more than we have to!