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.
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.
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.
-- "Security is an Illusion, Life is either an adventure or Nothing at all" "I may not have gone where I intended to go, but I think I have ended up where I needed to be." Douglas Adams
No comments:
Post a Comment