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Help! should I appeal.

  • ticker
  • Topic Author
13 years 2 months ago #43663 by ticker
Help! should I appeal. was created by ticker
Had operation on herniated disc October 2010 and received benefit for 2 months, filled form, went for medical and failed. Got no points. Now have dropped right foot and detrusor failure (bladder muscle) doesn't work and have to catheratize myself 5 or 6 times daily. Dropped foot increases risk of tripping over which I have done several times, also have almost permanent pain in right heel and severe pain in right leg in the morning when I get up which lasts about 15 minutes and leg aches if I walk too much. I can't crouch or kneel down and get up again without supporting myself . Lately I've also had problem with bowels and can't hold myself more than 10 or 15 minutes and don't go out 'till I've had bowel movement in the morning. Haven't told the GP about this yet. My bladder and possibly bowel is due to back injury. Several years ago had retinal occlusion in one eye and have severe sight restriction in that eye. I am 61 yrs old self employed and never claimed benefits before. After I failed medical I found this site on the web. Do you think I should appeal or wait' till my back gets worse as some pain and aches are returning to my back. I have several worn discs and had private MRI scan which shows this. I also have the CD of my MRI scan. Can anyone advise or help please.

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13 years 2 months ago #43672 by Derek4
Replied by Derek4 on topic Re:Help! should I appeal.
Hi Ticker

We can't give advice on individual circumstances; you need to seek face-to-face advice for that.

I can only say that (assuming this is a claim for ESA) if you failed the medical then you have nothing to lose by appealing, but you only have one month from the decision date. Also, if you condition has become significantly worse or you have a new condition since the date of the decision you can make another claim for ESA as well as appealing.

If you do appeal it is important to make sure your doctor is up-to-date with your condition. Please read the guides in the members' area.

Hope this helps

Derek

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13 years 2 months ago #43676 by Gordon
Replied by Gordon on topic Re:Help! should I appeal.
Ticker

Just add tp Dereks post, you say "Got no points. Now have...".

If you do appeal, then you can only use evidence relating to conditions that you were suffering from at the time of the decision. If these disabilities developed, or have had an impact on your abilities, after the Decsion was made, they cannot be considered.

Gordon

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

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  • originaldave
13 years 2 months ago #43678 by originaldave
Replied by originaldave on topic Re:Help! should I appeal.
ticker wrote:

Had operation on herniated disc October 2010 and received benefit for 2 months, filled form, went for medical and failed. Got no points. Now have dropped right foot and detrusor failure (bladder muscle) doesn't work and have to catheratize myself 5 or 6 times daily. Dropped foot increases risk of tripping over which I have done several times, also have almost permanent pain in right heel and severe pain in right leg in the morning when I get up which lasts about 15 minutes and leg aches if I walk too much. I can't crouch or kneel down and get up again without supporting myself . Lately I've also had problem with bowels and can't hold myself more than 10 or 15 minutes and don't go out 'till I've had bowel movement in the morning. Haven't told the GP about this yet. My bladder and possibly bowel is due to back injury. Several years ago had retinal occlusion in one eye and have severe sight restriction in that eye. I am 61 yrs old self employed and never claimed benefits before. After I failed medical I found this site on the web. Do you think I should appeal or wait' till my back gets worse as some pain and aches are returning to my back. I have several worn discs and had private MRI scan which shows this. I also have the CD of my MRI scan. Can anyone advise or help please.


You might not have to contact your dr over bowels and bladder go to your local hospital or PCT web site it should be self refer to Incont team ... they will if you want then tell your gp for you and will supply you with a letter about your problems that might come in handy

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  • ticker
  • Topic Author
13 years 2 months ago #43977 by ticker
Replied by ticker on topic Re:Help! should I appeal.
Hi Derek
for my bladder and bowel my condition is the same as I told interviewer at my medical and the letter from ESA showing I have no points states "you usually have control of your bowels and bladder" no points. It also says "you can walk 200 metres" no points this despite saying at medical that I have pain walking and bowel and bladder problem. It seems to me that she ignored what I said.

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  • ticker
  • Topic Author
13 years 2 months ago #43978 by ticker
Replied by ticker on topic Re:Help! should I appeal.
Thanks for reply
My GP knows about bladder problem, already had urodynamics test at hospital urology dept that shows detrusor muscle failure. get cathaters on prescription. Haven't told GP about bowel problem yet.

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