work focused group

[chesternutz]

Hi again

 

Just wanted to clarify on some things after reading the medical report again and not sleeping much the past 48hrs with ESA going around in my head.

 

In relation to the above post where I stated the Doctor wrote "However the comments passed by the assessor that "in her opinion i am just unhappy about the cancer diagnosis and dwelling on it" as such is not true." I re-read the report and in justification that I am not one to be lying I wanted to write the exact paragraph of comments.

 

Lower Limb Functional Ability :

SUMMARY: Typical day inconsistent with examination and observations. "I think this client "is struggling" with having had the diagnosis of cancer. She is now in remission, however, and is capable of greater mobility"-** If the typical day is inconsistent then how can the Dr pass judgement on this if not in the same class of circumstances. Also, I was led to believe that the Dr is meant to make medical judgements, NOT pass comments on what she thinks to be the case. Jesus who wouldnt struggle with a cancer diagnosis? I am SO SO not the typical person to dwell on the fact, ask any of my friends or family what I say when asked about it... yes I say I feel blessed I had cancer, I was fortunate enough to get it young and beat it. I am not one to moan. But in hindsight perhaps I have post traumatic stress relating to it, after all I was 31, had decided to go to Australia on a GAP year and got diagnosed 4wks into the trip and spent the whole 14mths there in and out of hospital treatment, plus had no friends and family near except my partner, surviving on handouts and places to stay so we werent on the streets, as I wasnt fit enough to fly home, and my partner wasnt going to leave me alone. I even got 2 different doctors here in the UK to check the large lump before I flew to be certain and was told on 2 occasions its nothing just go and have fun in Australia, no even a scan or biopsy was offered! Surely that enough is cause for depression and anxiety and think I have coped damn well so far fighting to get my life back.

 

Other notes on the report -

 

Specialist encourages walking - gets into trouble if in wheelchair - can walk 10m and then stops due to breathlessness and back pain (not leg pain)

- **what consultant orthapeadic surgen of oncology wouldnt encourage walking to a patient who has had extensive cancer trauma to her leg, having the femoral aertery sub-divided, and the abductor muscle cut let alone loss of 1/3rd of thigh muscle. A wheelchair is an aid, and excercise of the leg helps yes, doesnt mean I can walk on it all the time, long distance, or stand for periods of time. Back pain is caused by carrying at present in the thigh measuring 92cm appx 2-3ltr or 2-3kg of additional weight. this subsequently pulls on my back and pressure on my sciatic nerve. I wear Fentanyl 25mg morphine patches for this - which equates to 60-90mg in 24hr of which the Doctor wrote this as a "small dose".

 

Stood, did not appear unsteady prior to sitting down but felt hot (?anxiety), rose from sofa unaided, sat comfortably for 20 mins, no shuffling movements -** I stood up after shuffling to the edge of the sofa. I have been shown by my physio how to stand, and yes on occasion my partner/carer assists but as the doctor was stood directly in front of my, it was difficult for my partner to get access to me (as if the doctor was guarding me to see if i stumbled). upon rising, I use my hands to walk up my thighs, to rise slowly due to stiffness, and swelling. I stood uncomfortably for around 2 minutes, at which stage I became, hot and faint, and get the pins and needles in my legs due to circulation problems with my lymphoedema, I mentioned to the doctor i need to sit down, and pointed out the fact my lower shins, feet and toes had become purple because of the poor circulation. THIS IS NOT LISTED ON THE REPORT. As for sitting for 20mins comfortably, I have had a rise and recline chair kindly bought for me by a charity costing over £200, and was made to meausre. Sadly as my condition is getting progressively worse, and the measurements taken at the time were incorrect i can no longer use the chair due to added discomfort and ill fitting. I had to ask friends and family to help us buy a new sofa earlier in the year just so I could sit comfortably with cushioning under my thigh and legs as it is a manual recliner, (my partner puts it away as we couldnt afford the electric recline - she even demonstrated kicking the recliner back with me sat on the seat when the doctor was here) jesus I even have the ill dignified task of having to sit on a bath mat on the new sofa in case my leg leaks lymphatic fluid as its new and dont want to ruin the fabric. my leg is numb all underneath the right thigh due to swelling so cant tell if it leaks etc as cant feel it

 

Diameter of lymphoedema thigh only 4cm more than normal thigh. No lower leg swelling. Scar healed well.-** Have lymphoedema in both legs and abdomen and told Dr this. She failed to grasp this when measuing the legs. My lower legs are also swollen as my specialist measures both legs from toes up to hips at every inch and measures the circumference. She marks this regularly so we can tally improvements and work out fluid. at last visit in Jan time it was 2kg - 2litres in right thigh. As for the scar healing well, the scar was initially from surgery on 25th sept 2008. I was discharged 2 wks later. 4wks later i was admitted with a large seroma under the scar. Pig Tail drain fitted. release of 3 ltr fluid in 1hr. 5 day in patient. 2 wks later admitted again large haematoma under scar, 2 wks past, emergency surgery to remove haematoma, flush and reseal scar. 3 days later, scar burst open due to significant trauma and radiation damage to the skin tissue. hole of 4cm x 4cm in 8cm deep cavity into thigh wall. packing and vac dressing fitted after 4 days. addtional 6 wks in hospital. approx 8 wks as in patient. 3 mths later after vac dressing fitted and bi-daily changing the vac dressing was removed. the cavity was still 3cm deep. the actual hole in my leg that the Dr refers to as a well healed scar actually took 14mths to heal from Sept 2008 initial incision.

 

Doctor has also stated - Unable to make tea due to tremor, and upper limb weakness. Doctors think it maybe due to medication.-** I stated that I am unable to stand to even make my partner or myself a cup of tea. My legs shake and itch when I stand for too long. this in turn then makes me nervous and anxious in case I fall or stumble. I have been provided with a padded perching stool in the kitchen by my OT which does help, however carrying the tea has to be done by someone else as I cannot walk steady and not spill the tea. I DID state to the doctor about how lifting a full hot kettle a few weeks ago proved too much causing me to shake and thus pouring the kettle with hot boiling water over my wrist. This is NOT listed in the medical - which I find to be necessary info as it states if I would be a danger or hazard to myself or others. I DID not state that doctors thought the shaking and tremors were to do with my medication. None of my doctors have stated this. They have suggested that weakness in my legs especially my right is due to the removal of muscle, abductor muscle cut and also the added stress placed on the left leg as my limp and walking has affected my gait. I am unable to walk easily with my right leg going forward due to swelling it swings out then in. I have received significant physio and hydrotherapy for this, and do regular excercises at home, however this does not immediately fix the problem caused by the swelling and added weight making my legs tremor when standing and walking for short periods of time.

 

Standing and sitting Activity 2

Cannot stand for more than 30 mins, even if free to move around before needing to sit down - has been ticked yes -**HOWEVER on sheet marked "Description of Functional Ability" she wrote I stood for 2 mins then had to sit due to unsteadiness. Clearly if she saw the unsteadiness, then why has she also written on Lower Limb Activities 1,2,3 - Behaviour:Stood but did not appear unsteady prior to sitting down. -** i only stood ONCE during the assessment so this can only be counted as the same occurence yet her notes are different.

 

 

To clarify, I MUST have scored 15 point or more in order to have been placed in the support group? Yes??

However, based on the equivalent online test, i have scored myself according to the same way as the doctors assesment as per below:

 

WORK CAPABILITY ASSESSMENT

Remember that this is your assessment of what you think you should score - a decision maker may come to an entirely different conclusion. Please also be aware that whilst we have made every possible effort to ensure that the results provided by this software accurately reflect the law, we cannot accept any responsibility if you make choices about claiming based solely on this self-assessment: always seek professional advice. HOW DID YOU ASSESS YOURSELF?

Did you assess yourself as being eligible for the support group on the grounds of: a) Exemption: NO b) Descriptors: NO c) Exceptional circumstances: NO Did you assess yourself as being eligible for the work-related activity group on the grounds of:a) Exemption: NO b) Points: YES c) Exceptional circumstances: NO d) Hospital treatment: NO WHICH GROUP WOULD YOU BE PLACED IN?

Based on your self-assessment:

you would be placed in the work-related activity groupMORE DETAILS

Below is more information about the options you chose. Bear in mind it is possible to qualify for either group in more than one way. WORK-RELATED ACTIVITY GROUP: POINTS

You assessed yourself as being eligible for the work-related activity group because you scored 15 or more points. You assessed yourself as scoring a total of 15 points for the following: 2b and 9b

 

 

However, when I completed the online test myself prior to completing the ESA50 form and cross checking with the info provided on the form and the evidence given to the doctor upon the assessment visit i scored the following:

 

HOW DID YOU ASSESS YOURSELF?

Did you assess yourself as being eligible for the support group on the grounds of:

a) Exemption: NO

b) Descriptors: YES

c) Exceptional circumstances: YES

Did you assess yourself as being eligible for the work-related activity group on the grounds of:

a) Exemption: NO

b) Points: YES

c) Exceptional circumstances: YES

d) Hospital treatment: NO

WHICH GROUP WOULD YOU BE PLACED IN?

Based on your self-assessment:

'you would be placed in the support group'

 

based on -

You assessed yourself as scoring a total of 72 points for the following:

1 (a)

2 (b)

4 (b)

6 ©

9 (b)

12 ©

14 ©

15 (b)

16 ©

 

Now, I am a little concerned also as to whether I was scored on the "old" test or the "new" test. Perhaps I was scored on both as I was being assessed during the crossover period. as I cant find out anyway of determining this perhaps someone can help. The ESA50 form has the same questions as last time so I am thinking old. but the medical form has somewhat "new" answers ie Standing and Sitting - answers are Sa - Sg not 1a - 1g?

 

Sorry to waffle on again guys but hey can you give me an honest opinion here, do you think any of the following apply:

 

Reason to appeal?

Reason to complain over "upsetting and unecessary comments" by the Dr?

Reason to appeal based on "not using evidence provided by me to the Dr on the visit, or choosing not to listen to info provided ie leg wound info etc

 

Many thanks in advance.

[Nystagmite]

To clarify, I MUST have scored 15 point or more in order to have been placed in the support group? Yes??

 

Yes; but you must have limited capability for work related activity.

[leemack]

As already said, you can appeal if you feel you should have been placed in the support group - but at appeal they will look at the whole award again.

Also you have to appeal based on the fact that you fulfill the criteria for the support group, not on the mistakes you feel were made in the report (though this can be used as evidence at tribunal). Have you read my previous posts or the criteria for the support group, as advised?

 

If you appeal and succeed you only get an extra £5ish a week, and no requirement to attend WFI's. It is a stressful process with risk.

 

You certainly have reason to complain.

 

I have been in your circumstances and chose not to appeal, despite fitting the exceptional circumstances criteria, because I feel it simply isn't worth it given the stress and risk for an additional £5 a week.

[leemack]

Ignore what I said about not appealling if you get contribution based esa - just heard today, that if you're in the support group your esa may not stop come April 2012 (new time limiting of cont based esa) if you're in the support group - but it will stop if you're in the wrag.

 

If you're getting income based esa it doesn't affect you.

[Quixotic]

how do i unsubscribe from this thread? as I keep getting e-mails about new replies and it's not for me.

[leemack]

on the grey bar at the top, just under where it says page 2 of 2, is the thread tools option, click on it, and it gives the option to unsubscribe

[sj01]

Hi, What do you do in April then? If you are still ill, how can you go on to JSA?

Do you have to reapply for ESA?

Eventually then, every ones contribution will run out? is that how it works.

I have been on ESA for nearly 2 years now so will my contribution have run out?

I dont understand how this all works.

[leemack]

Hi, What do you do in April then? If you are still ill, how can you go on to JSA?

Do you have to reapply for ESA?

Eventually then, every ones contribution will run out? is that how it works.

I have been on ESA for nearly 2 years now so will my contribution have run out?

I dont understand how this all works.

 

If you're single with no other income or excess capital, then it won't really affect you, you just apply for income based when the time comes and you'll get that.

 

If like me you have a partner who works, and you're in the wrag, then benefit will just stop, though I expect NI conts will still be paid. And not sure if you'd be able to claim jsa either - it would depend whether they allow the linking to get cont based jsa for 6 months, or whether there's a clause it won't link back, I don't know. If you're like me, I would not be able to convince the jobcentre that I was capable of work, as I can't sit upright without severe pain for more than about 20 minutes, and can't stand for more than 5-10 minutes, it means the only job I can do is one from home, lying on my side, propped up with cushions so I can use my laptop - if they have one of those, I'll gladly take it.

[sj01]

Thanks Lee,

I would be surprised if I am not due another medical (which I would obviously fail) before then anyway.

I would love to have one day when I was not worried about my situation.

I loved work and miss the money and the company of people.

No one in their right mind would choose this existance yet we are having to fight tooth and nail for it.

[leemack]

Thanks Lee,

I would be surprised if I am not due another medical (which I would obviously fail) before then anyway.

I would love to have one day when I was not worried about my situation.

I loved work and miss the money and the company of people.

No one in their right mind would choose this existance yet we are having to fight tooth and nail for it.

 

I agree with you, I would do anything to feel and be productive, but for some us its not physically and/or mentally possible, and we shouldn't be made to suffer for it.