Chronic Pain Doesn't Show!

Chronic Pain Doesn't Show!
Chronic Pain Doesn't always Show, just because I don't look disabled, don't assume I'm NOT!

Wednesday, 23 January 2013

An Attack From the DWP


Had an appointment with the DWP today who accused me of hiding X amount of money after I have admitted having a Personal Injury Trust with 3 times X in it.

Since X was part of the Industrial injury settlement, if I had it, it would be in the Trust.

A personal injury trust allows me access to the money when required, so why hide anything.

Then just to top it all of, they asked and made me sign a form to confirm that my friend and carer, who lives in the same house, is not my civil partner nor are we in a relationship.

Who the F&^% do they think they are. How dare they ask such an insulting question.

I find the question Insulting as my friend, who has lived with me as an unpaid carer since 2008, has put up with my bad days, the days I am so depressed I can't get off the sofa, made sure I'm fed, the laundry done, the sheets changed and my grumpy pissed off at life days, for No Pay, just a grateful friend who says "Thank You". Then the DWP Decision Maker, who has never met either of us, decides we must be a gay couple to question my Income Based ESA eligibility.

This is not a discussion on if I am entitled to Employment and Support Allowance, this is a direct attack against Me by a Decision Maker.

I can only assume they are upset about the fact my local MP is actually doing a good job on my behalf.

Thanks to him I have gone from Fit to Work to the WRAG Group, should be in the Support Group, but one step at a time.

My MP has now Involved Lord Freud on the case.

So that's how my day is going, hows yours?






Monday, 21 January 2013

Help us! We're Begging You. From Sue Marsh.



No-one likes a nagging over their cornflakes.

Actually, no-one likes to be told that they're lazy, unfeeling or cruel at all. But Britain, for God's sake, are you ever going to listen to these News stories about disability and care?

For 2 years now seriously ill and profoundly disabled people have been begging you. OK, from the pages of the Guardian or from your Facebook timeline. But begging just the same.

If any of the exceptional Paralympians, so feted just an icy season ago came into your kitchen now and got down on their knees, if they begged you with tears in their eyes, with terror etched on their faces, would you look away? Would you turn up the radio so you couldn't hear?

Of course you wouldn't, you'd be horrified.

They've told you they're being hit harder than any other group by Osborne's austerity drive for 2 years now.

They've told you they are to be left in their own filth for want of someone to care for them.

They've told you they can't afford to eat.

They've told you they're having every type of support stripped away.

They've told you they face a choice between heating their homes and feeding their children.

They've told you this coalition will stop at nothing to save a pound or two they so desperately need.

They've told you a full quarter of government savings are coming from them, the "most vulnerable" you were promised would be safe.

They've told you they are being spat at and harmed in the street if they venture outside, so successfully have the government convinced you all they are scroungers.

They've told you about the deaths. Those who felt they simply couldn't take any more of this assault.

But still you don't hear. Still you look away, still you allow this to carry on, right before your noses and refuse to believe its true.

When history writes the truth of this time, you will be appalled. You will feel shamed. You will ask how it could possibly have happened.

And the truth will be you were distracted by the X-Factor, the gas bills and the snow.

So I'll beg once more :

HELP US. STAND UP FOR US. SPEAK OUT FOR US. WE NEED YOU. TELL THOSE ELITE FEW THAT THIS IS NOT OK.

SCREAM FROM THE HIGHEST PLACE, "NOT IN MY NAME"

Let today be the day. The day you click on the Facebook button below and shout from the rooftops. The day you share this with your family and friends. The day you flood Twitter with your objections.

Please. 

Wednesday, 16 January 2013

The Dreaded Brown Envelope

Well today one of those dreaded brown envelopes arrived.

They have called me a liar, they think I am telling fibs about my finances.
They have also asked me to provide proof of my right to stay in the UK.

1st why would I lie about my finances when they were told by my solicitors exactly how much compensation my employers paid me. They also have the Personal Injury Trust document which there own regulations state no moneys obtained from an industrial injury settlement can be taken as savings as long as said money is in a PIT, nor can any income derived from said trust be counted as income.

2nd I thought being born in Winchester, Hampshire, England and having a British Passport meant I was British. Therefore I have the right to live here, work here, pay taxes here, get injured here, be left disabled here, oh, and get screwed over by the new ESA Here!

Incapacity Benefit for Life at the higher rate - I don't recall seeing the brackets at the bottom that said - or until the next election.

The also state they need to discuss the benefit we are currently paying you - But wait, you aren't paying me, you stopped my ESA WRAG group payments on the 26th of November as my contribution based benefits had ended and I am not in the support group.

So next Wednesday I have to drag myself (get a taxi) to take me to the job centre, to meet with some lady who wants to see all my bank account statements for the last 3 months, including trusts, my passport to prove I am here Legally and my entire life history just so they can say NO.

Never have I seen more solid proof that it is the intention of this government to force as many disabled as possible to either JSA or Suicide.

I am so fed up and tired of fighting, if it wasn't for my children and my 3 wonderful grandchildren, I would probably give up and check out!

My heart goes out to all those who are not lucky enough to have a family and friends to help support you, If I  didn't this would most likely have been my last blog.

Tuesday, 8 January 2013

United Nations on How to Treat the Disabled


Rule 8. Income maintenance and social security

States are responsible for the provision of social security and income maintenance for persons with disabilities.
  • States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities. States should ensure that the provision of support takes into account the costs frequently incurred by persons with disabilities and their families as a result of the disability.
  • In countries where social security, social insurance or other social welfare schemes exist or are being developed for the general population, States should ensure that such systems do not exclude or discriminate against persons with disabilities.
  • States should also ensure the provision of income support and social security protection to individuals who undertake the care of a person with a disability.
  • Social security systems should include incentives to restore the income-earning capacity of persons with disabilities. Such systems should provide or contribute to the organization, development and financing of vocational training. They should also assist with placement services.
  • Social security programmes should also provide incentives for persons with disabilities to seek employment in order to establish or re-establish their income-earning capacity.
  • Income support should be maintained as long as the disabling conditions remain in a manner that does not discourage persons with disabilities from seeking employment. It should only be reduced or terminated when persons with disabilities achieve adequate and secure income.
  • States, in countries where social security is to a large extent provided by the private sector, should encourage local communities, welfare organizations and families to develop self-help measures and incentives for employment or employment-related activities for persons with disabilities.

The whole Document  "The Standard Rules on the Equalization of Opportunities for Persons with Disabilities" here: http://www.un.org/esa/socdev/enable/dissre00.htm

Are disabled people protected from Government cuts?


Re published from http://diaryofabenefitscrounger.blogspot.co.uk


Guest post by Sarah Campbell (@spoonydoc) on actual situation on disability benefits & whether they are, in fact, protected from the 1% freeze on benefits. 

The Autumn Statement and Disability Benefits

You might quite rightly be mistaken in thinking that disabled people came out quite safe and sound from this year's autumn statement. After all our chancellor announced that although restrictions were going to have to be made to most welfare benefits, disabled people and carers would be supported and disability/carer benefits would not be affected.

The problem is that in the next breath he announced that, along with most other working age benefits, ESA would be included in the restriction to a 1% annual growth for the next 3 years. Well below the rate of inflation this amounts to a cut in real terms.

ESA is mostly paid to disabled people who are too sick to work. To qualify for this benefit they have to have undergone rigorous testing and passed the much maligned WCA (Work Capability Assessment) administered by ATOS and been classed as unfit for work. Some are considered to be able to work again at some time in the future (possibly years). These are put in the WRAG (Work Related Activity Group). Others are considered too ill or disabled ever to work again and are put in the Support Group.

So how can the chancellor be promising disability benefits be exempt when ESA is included in the cuts?

Well turning to the small print of the Treasury Costings (p33) we see the following:


“The following benefits, tax credits and payments will be up-rated by 1 per cent for 3 years from 2013-14:
• The main elements of Jobseeker’s Allowance, Employment and Support Allowance (ESA), Income Support, applicable amounts for Housing Benefit;
It will not apply to the premia within these benefits relating to disability, pensioners, and caring responsibilities, the support group component of ESA, or the disability elements in tax credits, which will be uprated as usual.”
A claim for ESA comprises:

A main element of ESA (the bulk of the benefit)
A Support Group component or WRAG component (Anyone unfit for work gets one of these after passing the WCA)
Any relevant disability premiums (not everyone qualifies for these)So what does this mean?

For both WRAG and Support group claimants the main element part will only rise by 1%.
For WRAG claimants the WRAG component will only rise by 1%
For Support Group claimants the Support component will rise by inflation.
For both WRAG and Support Group claimants any disability premiums will rise by inflation.

IN SUMMARY:

WRAG claimants who do not receive disability premiums will see their benefit restricted to 1% growth for 3 years.
All Support Group claimants and those WRAG claimants who receive disability premiums will see their benefit restricted to a growth slightly higher than 1% but still significantly lower than inflation. In fact it works out at approximately 1.4% according to DRUK.
ESA claimants are seriously ill and disabled people who have fairly and genuinely been found unfit for work. The statement that disabled people will be supported and disability benefits will be unaffected is totally and unequivocally untrue. It is high time that someone stood up and said so.

Thursday, 29 November 2012

A Letter to my MP!


This letter I sent today to the new PA for my local MP.
I have taken the names out to protect the fact I actually have a nice MP who has worked very hard for me!


Hello Nice Person who works for my local MP.

It was nice to speak with you this morning.

To give you the basics 1st. On the 20th Dec 2007, heavy lifting accident at work, thought i pulled a muscle in my back and shoulder.
Jan 2008, diagnosed with a pinch nerve and signed off work for 30 days, Feb 2008, getting worse not better, March 3rd 2008, MRI taken, 4th April 2008, Major Spinal surgery at C5C6 and C6C7 cervical disks, disks replaced with titanium replacements.
Outcome of above, Complete disk failure to the Left, I can't turn my head to the left at all, Ulna nerve damage leading to a full brachial complex effecting the use of my left arm, I cant move the shoulder at all and the 3 fingers next to my index finger sort of work and my grip is about 11 kilos (should be more like 40). In addition the nerve damage causes nerve pain as the they misfire which requires me to take Diazapan, amytriptiline and Co-Dydromol every day, my doctor has just added Zopiclone to that list and next week more pills for high blood pressure.

Ok now in regards to the conversation today.

I received today a letter from the DWP informing me that my contribution based ESA had ended 3 days ago and I am no longer entitled to ESA. Nice Person this is disgusting, I should have been told a month ago so that I had 30 days to make sure my benefits didn't stop.

What really amazes me is I have now used up my 1 year contribution based benefits 3 times. Not bad for a 1 year contribution, it can be used 3 times or will it now become 4?

I have been asked to supply copies of the trust deed from my Personal Injury settlement (already sent back in November 2011) how much I received (supplied by my solicitors in Oct 2011) and my bank statements from 13th of august to date.
They have also asked for all information on deposits or land held in trust. (supplied Jan 2012).

The stress of the last 12 months has lead to me now being diagnosed with High Blood Pressure.

Until this is sorted out I have £xx a week from my Industrial Injuries Benefit and £xx a week from Personal injury trust to live on.
So I either stick to my controlled diet or pay the bills, not a good position to be in! and no idea if i get back pay to the day they stopped it or how long this is going to take to sort out. This means dipping into the trust fund to pay bills.

As I have said in emails to the other guy, this is not how to treat the disabled. I didn't ask to be this way it happened due to the negligence of my employers. However I have been fighting for my right to live a peaceful yet painful life without the added stress of fighting the DWP every step of the way.

The DWP Industrial Injuries Dept have declared me 40% physically disabled for life. (they don't count pain as a disability only the physical limitations). A Medico Legal document prepared by The Doctor's Name, Consultant spinal Surgeon at London Bridge Hospital states I am 60% disabled for life (he counts pain) and it is highly unlikely that I will ever return to any meaningful remunerative employment.

Yet 1st I'm found " fit for work " by the decision maker at the DWP, then I loose the appeal (I only score 6 points), then I win a bit as with an MP's and Bigger MP's help the DWP put me in the WRAG group.
I am appealing to both the Upper Chamber in regards to the appeal and appealing the decision to put me in the WRAG group.

I have had a meeting at local Job Center and (Luckily) the very nice lady had some common sense and has told me I don't have to do anything as i am obviously not fit to work.

I now have proof that the DWP were either incompetent or deliberately lost my ESA 50 as it was the original 2008 descriptors that were used and I scored significantly more than 15 points. 63 to be exact! This is confirmed in the documents received from HMCS written by the judge who handled my appeal. the judge refers no less than 4 times to the 2008 descriptors.
However under the 2011 amended descriptors I only scored 6 points. Just a small difference!




I have read the report released on Nov 6th in regards to the success of ESA and make the following points.

1.) Claimants with an outcome for their claim can be broken down as follows:

64 per cent of claimants were entitled to the benefit. Within this –

39 per cent of claimants were placed in the Work Related Activity Group (WRAG), and

25 per cent of claimants were placed in the Support Group (SG); and

36 per cent of claimants were assessed as Fit for Work (FFW) and are not entitled to ESA.  Well that,s me! 

The fact that I am one of the 36% shows just how flawed this current system is.

2.) The possible recorded reasons for a claimant placement in the SG are: (SG = Support Group)

undergoing chemotherapy;

deemed to be mental or physical health risk;

having a pregnancy risk;

having a severe functional disability; and

being terminally ill, with an expected life expectancy of 6 months or less.

These are insulting - they limit the group who require lifetime support to those who will be dead in six months and completely discount the 1000,s of disabled, like myself, who would love to be able to go back to work. However in my case and 1000,s of others that is not a realistic outcome. I won't get better in fact I will get worse - my next birthday is 51, each year after that my condition will slowly deteriorate as my age and lack of strength stop me doing more and more.

3.) Repeat assessments
All claimants in the WRAG and SG are given a prognosis of when they may be fit for work. Individuals are then again assessed through repeat assessments after the prognosis period expires. Similar reconsideration and appeal arrangements apply where claimants disagree with the decision to that described in the previous paragraph.
The interval between assessments is usually but not always a standard length of time such as 3, 6, 12, 18 or 24 months based on the claimant’s health. This is to ensure that they are still eligible to ESA and are allocated to the correct group.

So I will be required to go through this whole process again at least every 2 years regardless of all the Medical Experts that state "I will Never be capable of Any Meaningful Remunerative Employment"

4.) One of the most shocking statistics disclosed about WCAs was that DWP decision makers only refer to medical evidence as well as the Atos decisions in 2% of cases. 

This I do not find hard to believe. I have 2 Medico Legal Experts, 3 Specialists and a team of physio therapists that have all stated "It is Highly unlikely that Mr Finch will ever return to
Any Meaningful Remunerative Employment"

So basically nothing has changed, despite all The MP's work on my behalf.
I am still fighting for my right to be disabled, something I didn't ask for, it just happened and like the other 83% who were not born disabled, we didn't ask for this, it just happened. Now all I and the 1000's like me ask, is that, you the Government treat us with the respect we deserve and not as a bunch of scroungers trying to live off the system.



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