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TOPIC: Nothing makes any sense!

Nothing makes any sense! 8 years 5 months ago #18633

  • LittleBluePenguin
I was denied ESA for my chronic back pain and failed my appeal and was shoved onto JSA in December.

On March 14th I woke up with a stiff sore neck, thought I'd just fallen asleep with my head at an odd angle. Two days later, the pain had spread up the left side of my neck and head and I felt like someone was trying to poke my left eye out from the inside with a pointy stick.

My Doctor gave me codeine and amitriptyline, which solved the pain problem, but made me very sleepy and confused. I put in a two week illness form for JSA but it didn't go away in two weeks. I was made sign off and apply for ESA.

I have now been told I can't have ESA without having a new medical, because I was denied it as of 3/12/09. But this new condition has a) now gone and b) has nothing to do with the old one.

If I go back on JSA, which they keep threatening to withdraw (which really helps a depressive) because I'm 'not willing' to travel 90 minutes on a bus each way for work, I will get nothing for the two weeks I was either in agony or stoned on painkillers because the ESA process will be stopped.

It takes 90 minutes each way to get to and from an appointment with my consultant, I have to go on a bus because I'm not allowed to drive as my back sometimes causes me to pass out with pain over the tiniest movement. I have to walk with a stick by the time I get back from the appointment. If I had to do it every day I'd be unable to get out of bed by the Wednesday, but my capacity to work is not limited.

All this crap has triggered a return bout of depression, which I had had under control for 6 bloody years until now!

They have actually told the CAB rep that if I'm refused ESA AND they decide I can't have JSA I will get nothing.

I got an ESA50 form this morning and my brain is ready to explode!

Surely the European Court of Human Rights should be able to do something? Or aren't we counted as human anymore as well as not being disabled?

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Re:Nothing makes any sense! 8 years 5 months ago #18637

LittleBluePenguin wrote:

I was denied ESA for my chronic back pain and failed my appeal and was shoved onto JSA in December.

On March 14th I woke up with a stiff sore neck, thought I'd just fallen asleep with my head at an odd angle. Two days later, the pain had spread up the left side of my neck and head and I felt like someone was trying to poke my left eye out from the inside with a pointy stick.

My Doctor gave me codeine and amitriptyline, which solved the pain problem, but made me very sleepy and confused. I put in a two week illness form for JSA but it didn't go away in two weeks. I was made sign off and apply for ESA.

I have now been told I can't have ESA without having a new medical, because I was denied it as of 3/12/09. But this new condition has a) now gone and b) has nothing to do with the old one.

If I go back on JSA, which they keep threatening to withdraw (which really helps a depressive) because I'm 'not willing' to travel 90 minutes on a bus each way for work, I will get nothing for the two weeks I was either in agony or stoned on painkillers because the ESA process will be stopped.

It takes 90 minutes each way to get to and from an appointment with my consultant, I have to go on a bus because I'm not allowed to drive as my back sometimes causes me to pass out with pain over the tiniest movement. I have to walk with a stick by the time I get back from the appointment. If I had to do it every day I'd be unable to get out of bed by the Wednesday, but my capacity to work is not limited.

All this crap has triggered a return bout of depression, which I had had under control for 6 bloody years until now!

They have actually told the CAB rep that if I'm refused ESA AND they decide I can't have JSA I will get nothing.

I got an ESA50 form this morning and my brain is ready to explode!

Surely the European Court of Human Rights should be able to do something? Or aren't we counted as human anymore as well as not being disabled?


Unfortunately the Human Rights Act does not apply to Acts of Parliament.

As entitlement to social security benefits is enacted by Acts of Parliament, the HRA or for that matter the Disability Discrimination Act, do not apply.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Nothing makes any sense! 8 years 5 months ago #18656

I am sure that the Universal Declaration of Human Rights does though.

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Re:Nothing makes any sense! 8 years 5 months ago #18665

  • LittleBluePenguin
I had an appointment to see my doctor yesterday. She gave me a prescription for stronger anti depressants.

I went to the pharmacy and when I explained that I'm not on any benefits and have no income I was informed I'd have to pay for the prescription if I couldn't tick any boxes.

If I go back on JSA now I will be given nothing to live on from the 28th of March until the new JSA claim starts because a new claim for JSA will automatically stop the ESA claim being processed.

Basically, if you aren't awarded ESA and fall ill for longer than 2 weeks whilst on JSA instead, you're screwed.

Even if your new illness has nothing to do with your old one, they will find a way to say it has and insist you can have nothing until you've had a new medical.

The muscle spasm in my neck had nothing to do with my back problem as far as we are aware. I am being told as my medical (on April 6th LAST year) covered ALL muscular/skeletal function and said I was fine that the new problem is being treated as if it were the same as the old one.

How can a 'medical' done April one year ago say what I won't have in March the next?

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Re:Nothing makes any sense! 8 years 5 months ago #18674

  • rappa
go for the new medical get back on esa, It will be at least 7 months for a decision , gives you some space to recover from the hassle. I am in the same boat, just clog up the system again, keep going they are in deep trouble with all the rules. all the best.

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Re:Nothing makes any sense! 8 years 5 months ago #18692

  • LittleBluePenguin
Cheers, it's not that it makes me feel better knowing some other poor b*****d is in the same boat, but knowing you're not alone makes you feel less paranoid. It's not just me, they're out to get the lot of us!

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