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TOPIC: Stupid Question?

Stupid Question? 7 years 1 week ago #13281

Constable Benton Fraser of the Royal Canadian Mounted Police was once told by the ghost of his father "Never be afraid to ask a dumb question son" Which seemed sound advice to me.

Surely if you are claiming JSA and they have a note on your file saying there are limits to which jobs they can force you to do, that constitutes an admission that you have a limited capacity to work?

I was turned down for ESA because I apparently have no limited capacity. Yet my JSA file said I had a chronic back condition and suffer from anxiety and depression, so that affects what jobs I can do. What's the damn difference I ask?

On ESA I was getting all kinds of help to set up my own business, which has now gone. So I'm back to applying for jobs and not getting interviews for answering the health questions honestly to avoid being sacked for lying later, for the rest of my life. That really helps depressives.

AND if I turn up to sign on and my back is obviously so bad I can't work, they won't let me sign. But the rules say I'm not allowed to have a bad back for 6 months (even though I now have X Rays to prove I have a problem, because my GP refuses to put anything but 'low back pain' on a sick note, which is what she's said since January. No other GP at the practice will contradict her and if I move practices to travel 3 miles to see a doctor because my current practice is the only one in the village). What do I do then?
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Re:Stupid Question? 7 years 1 week ago #13309

Hi,

I wish I had an answer to your question, but I don't. Sensible question, stupid system.

Any possibility of finding a better GP?

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Stupid Question? 7 years 1 week ago #13324

I could move GP but then we have 3 miles to travel to get there. I can't drive, and as my back pain sometimes makes me pass out, if I could I wouldn't. Doesn't seem such a huge problem, but if you have 1.50 in the bank and no one to lend you bus fare you're buggered and you can't call someone out for something like say, thrush, which needs attention and a prescription quickly - but isn't urgent.

I had an hour long conflab with the practice manager this morning, she's arranged for me to see another doctor an is making sure this doctor is aware of the situation.

The other thing that baffles me is why we have to prove we can't work at all in order to get a benefit for people with limited capacity?
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Re:Stupid Question? 7 years 1 week ago #13325

LittleBluePenguin wrote:
Constable Benton Fraser of the Royal Canadian Mounted Police was once told by the ghost of his father "Never be afraid to ask a dumb question son" Which seemed sound advice to me.

Surely if you are claiming JSA and they have a note on your file saying there are limits to which jobs they can force you to do, that constitutes an admission that you have a limited capacity to work?

I was turned down for ESA because I apparently have no limited capacity. Yet my JSA file said I had a chronic back condition and suffer from anxiety and depression, so that affects what jobs I can do. What's the damn difference I ask?

On ESA I was getting all kinds of help to set up my own business, which has now gone. So I'm back to applying for jobs and not getting interviews for answering the health questions honestly to avoid being sacked for lying later, for the rest of my life. That really helps depressives.

AND if I turn up to sign on and my back is obviously so bad I can't work, they won't let me sign. But the rules say I'm not allowed to have a bad back for 6 months (even though I now have X Rays to prove I have a problem, because my GP refuses to put anything but 'low back pain' on a sick note, which is what she's said since January. No other GP at the practice will contradict her and if I move practices to travel 3 miles to see a doctor because my current practice is the only one in the village). What do I do then?

The six month waiting rule for ESA following a failed work capability assessment doesn't apply if there has been a deterioration in an existing condition, or a new medical condition exists. Did you appeal the adverse WCA decision?

I would suggest that if your back problems have worsened claim ESA again immediately and if appropriate, consider a (late) appeal as JSA would appear to be an inappropriate allowance from what you have said in your post. If you decide to reclaim ESA the entire WCA process has to be repeated and you would at least qualify for the assessment rate of ESA pending a further assessment. If you are able to appeal the ESA decision within one month of the notification that your entitlement had been terminated, that wouldn't ordinarily be a problem, but if you appeal after the one month time limit you would have to show good cause for not appealing in time.

A late appeal can be accepted for a period of up to thirteen months if good cause can be demonstrated and subsequently accepted.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:Stupid Question? 7 years 1 week ago #13329

Hi,

You say you have an X-ray confirming a back problem. Ask your surgery for a copy of the report which gives details of your x-ray results. You will be able to see exactly what the default is.

What happened me was that I have had a serious physical condition for the last 14 years, however, I had begun to fell severe pain in my left hip and left knee. I had been to my surgery a couple of times but the dr put this down to my 0riginal condition. I knew the pain was different and I asked her to send me for and x-ray. This confirmed degeneration in my spine, no default in knee of hip but what is happening is the particular area of degeneration in my back is in the exact place that would affect the left knee and hip by the nerve end, thus confirming why I feel the pain where I was claiming in the first place.

What i am really trying to explain is, if you think than your dr simplying writing low back pain is not just enough and you are affected in other areas as a result, your x-ray will confirm that this would be possible.

Kathy
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Re:Stupid Question? 7 years 6 days ago #13337

I did appeal the decision and lost. The claim started in January and was disallowed in May. I didn't see the pain consultant who had the x rays done til November, so apparently they weren't relevant to the appeal. To be relevant they had to be done between January and May when the claim was running.

I have re applied, the problem I have is that the pain consultant is saying I have grown bone to fill in gaps where the disc has degenerated and it is what is causing the pain, we even discussed the possibility of corrective surgery.

However, two GPs at the practice have said the damage is insignificant and can't be causing the problems. Neither showed me the x ray to prove it, which I found odd. I wondered how much of it was down to arse covering because a) I've had this problem for 17 years and they never bothered to find out why and b) the GP who refused to say my condition is deteriorating (despite providing a letter to support my appeal saying it was)also refused to refer me to anyone for investigation when I asked way back in February.

I looked at the x rays with the consultant and he explained what was going on. The consultant said the pain across my pelvis and hip was due to the back problem. The GP said I must have misunderstood what he meant.

I had a lengthy conversation with the practice manager yesterday, she has arranged for me to see someone else and is explaining the situation to them before I go.
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