Forced to resign due to disability - need advice

sangie595

Andromeda14 wrote: »

YOU are the one making massive sweeping statements and doing every person who suffers a massive disservice with your assumptions on my pain levels, what treatment I have or haven't sought and ignorant dismissals.
You said in your post "not likely to impact on work" - your exact words. Not that I have to justify myself to you but my pain is so bad that I can't move and I faint. Which means in my case, this impacts massively on my ability to work.
I have been back and forth to the doctors for years about this but since I am in my 20's all they've done is pump me full of different hormones and tell me it's probably IBS, will settle once i've had a baby and refused to do further testing. It's incredibly demoralising and my experience isn't unique.
As I have a stomach condition, caused by years of being fobbed off with NSAIDs, I am limited to the types of pain relief available to me and the ones that do work have made me so drowsy that i've not been in a fit state to go into work. I have been back and forth to my GP about 100000 times trying an array of different pain medication in order to function. But again, thank you for your assumptions.
You're assuming my case isn't an 'extreme case' based on what? One forum post? Therein lies the problem. Thank goodness we have endometriosis experts such as yourself telling people how to feel.
I saw a new GP who listened to me and suspected endo immediately, referred me to a gynecologist back in June, after a very long wait I saw that gynecologist last month who, just from reading my notes, completely dismissed me and decided it was IBS and told me to go down that route first before he would do a laparoscopy. Really easy though yeah?
If you check the NICE guidelines if you have suspected endometriosis you have to be referred to a gynecologist with a special interest in endo who has also completed further training which most of them have not done. If you have suspected severe endo, general gynecologists are legally not allowed to treat you and you must be referred to a BSGE specialist centre. But GPs aren't aware of these rules let alone the patients so that's why it's frequently misdiagnosed and why in my case I was referred to someone who didn't have a clue and told me it can't possibly be endometriosis as it only causes pain during menstruation not all the time as in my case (which is the biggest load of rubbish in the world)
I am now forking out money I don't have for a private appointment with a specialist next as being dismissed and not listened to for the past 7 months, wondering why I can't just get up and get on with things like everyone else, why it isn't really 'easy' for me has left me on the brink of suicide.
Just because your experience hasn't been severe doesn't mean everyone else is as lucky.
Pain management is one thing, but the treatments for endometriosis can certainly be complex dependent on how progressive the disease is and where it's grown. You're telling me having a hysterectomy is not a complex treatment option? Removing endo from the bowel and bladder ins't complex? You're suddenly a surgeon now too?!
I can't even be bothered saying any more. If fellow sufferers aren't taking symptoms seriously and being dismissive of a persons ability to function then what hope do we have for people with no clue about what it's like?!

Now who's making assumptions? I know perfectly well what severe endometriosis and adenomysis is like. As I said previously. You are massively overreacting, and it seems that your condition worsens every time you post. It started off as a physical condition that developed whilst you were off with mental health issues (so this year!). And yes, endometriosis can get bad quickly. But you can either give up, in which case, yes, resign. Or you can do what all the other women have to do. You are not the only person who had faced difficulties at work because of their health, but it really is down to you whether you quit or not. It seems that you want to give up. So do. If you really think resigning or getting dismissed is preferable to the alternatives, then go for it.

Genuineguy03

@casey

You said you were a high court judge, perhaps you missed the connection with regards to me jokey reply to your alleged diner with martin.

@adromeda

Agreed it can be difficult to pass the assessment, but just because you can do things, it doesn't mean you can do it as easily as others that don't have mental illnesses. For example: if your condition flaring up, can you do things like washing, bathe/shower, ironing or do you put off doing them or feel like putting them off. In other words just because you can do them physically or do them later in time, it doesn't mean your condition hasn't effected your activities. You only need 8 points minimum to pass assessment and just 1 answer to 1 question can result in you be awarded those 8 points.

And I agree there's a lot off people here who seem to think their condition and effect it has on them makes them medical experts on said condition or that how it effects them is standard across the board. They also have a habit if relying in accusing people of googling things up, which is pathetic really, considering such accusation is speculation only and when said accusation is hypocritical as anyone reading these threads know that the person making the accusation also googles things. Its funny when they accuse me of being someone with no knowledge and uses Google. Because what they don't realise is, looking up legislation or case law on google is no different to looking it up from books (legislation/case law) on a book shelf, and even legal experts/professionals use google to refer to case law and legislation. Some probably think certain law books written by someone with one legal qualification or another is gospel - whilst a good guide to understanding law, its still merely only one interpretation. You can not take that an apply it to a persons situation. You have to take the legislation itself and case law and compare it, its then upto tribunal/courts to consider that and interpret the law.hell there's some posters here who need to do a bit more, as they clearly don't know the law on redundancy, remployment and continuous employment (no names mentioned) as they seem to think its unlawful to make a position redundant and reimployed a person in a new position with same or similar duties, as in there opinion it circumvents continuous employment.

Basically no advise here is 100% accurate, even if correct in law (which my advice is). Because the court is the one that decides if the interpretation an previous court made is applies or not. This why we have case law that can set a precident for years or decades, and then suddenly a similar comes along and the court disagrees with the previous courts interpretation of the law and we end up with a new precident set and the previous case no longer being case law.

Yet people here seem to think their personal interpretation or past experience they had in similar situation, or even past advice given to them applies to each similar situation. It doesnt . all that applies is word of law and precident set by the courts. Which is what I base my advice off.

That's why there's so much hostility from certain posters here as they simply can not see the bigger picture.

Speak to your local council social care team to ask for an assessment for your condition and how it effects you, as they will be able to help you with claiming ESA/PIP and lots of other things to support you.

NeilCr

I'd echo Genuineguy's suggestion about looking at ESA and PIP

Where there have been issues around mental health and PIP, in my own experience of seeing claimants this is improving. This should certainly help

https://www.mentalhealthandmoneyadvice.org/en/top-tips/what-the-2018-pip-ruling-means-for-those-living-with-mental-health-issues/

Have a look at this

https://www.citizensadvice.org.uk/cymraeg/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

https://www.citizensadvice.org.uk/cymraeg/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/

and see how you feel you fit the descriptors. And, it is fair to say, it is the scare stories that hit the internet more than successes.

In terms of ESA I would think, from what you have said, you'd likely meet the criteria for "New style" (Contributory) ESA so Income would not be an issue and you'd avoid the dreaded UC. Will your GP give you fit notes?

Might be worth a trip to your local CAB/advice centre to talk this through and get their take on it.

I wish you well whatever happens