Do GPS acknowledge Fibromyalgia?

[Africananimals_88]

I've just got decision from DWP re: ESA Assessment. I've suffered from Fibromyalgia for approximately 2 years. I've been in terrible pain and it has impacted my lifestyle greatly. I have been put in the work related group of ESA! There is no way I can go back to work. I am 61 btw. I believe the GP who interviewed me at the assessment just thought I looked well and healthy and basically took no notice of what I was telling him. I feel ignored and dismissed. No wonder I was so angry when I got the notification of the decision!

[Rose54]

Hi

Your illness has nothing to do with the assessment its to do with what you can and cant do .That's all the assessor is looking at .

[Africananimals_88 in reply to Rose54]

I don't really understand your statement. Sorry

[Rose54 in reply to Africananimals_88]

Hi

All I meant was when thay do the assessment thay are looking at what you can and cant do so thay do not base it on Conditions and illnesses.

I see from your reply to Hidden you are going to appeal decision .

I would advise getting help with this if possible and wish you luck with the appeal.

[Africananimals_88 in reply to Rose54]

Thank you Rose 😊

[Hidden in reply to Rose54]

Hi Africananimals,

Rose is absolutely correct. ESA is NOT a disability benefit. (PIP is the disability benefit.) As such, it doesn't matter how disabled you are, the ESA Work Capability Assessment is only interested in finding something you can do, and has no interest in what you can't do.

For example, if you are completely bed-bound, have no function in your arms and legs, and your dementia means you think you're on a beach in Ibiza, they might say that you could still get a job stuffing envelopes with mailshots.

...sound implausible? Well that's what happened to my uncle when they did a home visit Work Capability Assessment! He was in palliative care (expected to die in a matter of weeks), and actually passed away less than two weeks after his ESA application was awarded Zero Points.

Anyway, Africananimals, the biggest problem with Fibromyalgia is that Pain cannot be scientifically measured. You may have to rely upon the ESA Exceptional Circumstances regulations 29 or 35. Are you aware of these regulations, and has anyone looked at whether they apply to you?

The Exceptional Circumstances regulations are not easy to understand. They don't mean what they appear to say! Confused? Well, you need the brain of a lawyer to understand how the courts have interpreted their meaning. These regulations mean that you don't need to score any points in order to get ESA. You can bypass the Work Capability Assessment if you have some recognized physical or mental condition where, if you are not put on ESA (i.e. they make you work) there would be a "substantial risk" to yourself or others around you. It's the LEGAL MEANING of "substantial risk" that's difficult to get your head around.

It means, if the CONSEQUENCES of the risk are Substantial -- e.g. death or severe injury or significant worsening of your condition -- then the DWP cannot ignore the Risk, however unlikely it is that the million-to-one chance of it happening. If, as a consequence of your condition, something might happen to you, and that something would have Substantial consequences, then you get ESA with zero points, because the Work Capability Assessment is ignored.

Applying regulations 29 or 35 is not easy. You have to perform a cause-and-effect risk analysis on potential (if highly unlikely) Risks that you might face. It is pure conjecture. It scares the life out of most GPs. And, worse, many people read the regulations and think they understand them without knowing the case law. There's also a lot of incorrect "false news" information on the Internet.

Anyhow, ask your advisor about the ESA Exception Circumstances regulations 29 and 35, to see what they say. If they say "doesn't apply", get back on here to explain why. As I say, too many people who should know better are getting this wrong.

John

[Africananimals_88 in reply to Rose54]

If the Dr assessing me understands my illness he would be very aware of what I can do and what I can't do

[Dizzytwo Moderator in reply to Africananimals_88]

Hi there, I see your new to our group let me wish you a very warm welcome to our very friendly group Rose54 is correct. There is degrees in how fibro effects a person like most illnesses. They are assessing how your fibro may be effecting you . Some people can still work with fibro some can work part time and others not at all.

There are many GP's who sadly do still find it hard to acknowledge fibro. But there is still many more who do. If your having problems with your own doctor it maybe time to look around for another if that's possible.

I see you have left your post unlocked. This allows search engines like Google, FB ect to pick up what post. If you prefer to leave it open that is ok too. Most members tend to prefer to answer a locked post and it usually generates more replies. If you wish to lock yours this link will show you how.

healthunlocked.com/fibromya...

If I or any of the admin team can help you with anything please just ask

Momo

[Africananimals_88]

Thanks Ajay. You sound much more kind and sympathetic. I do have alot of pain after activity which lasts for days afterwards. Trouble was I think I was nervous at the assessment and I didn't stress how much pain I was in nor how much rest I need. I am worried because I feel the change is going to be disruptive and I don't think I can cope with added demands and pressure. I basically just look after myself my flat and my cat and that is all I manage. I have mental health problem osteoarthritis and chronic kidney disease but non of those are causing problems atm

[mattjoachim in reply to Africananimals_88]

With CKD as it progresses it will have an effect on your functional ability What stage is your CKD at

[Africananimals_88 in reply to mattjoachim]

I don't really know. My GP says the kidneys are only mildly affected atm and told me not to worry too much

I think my EGR is 49.

[Africananimals_88]

Thanks Ajay. I have 3 grandchildren and sometimes have one or two of them for the day. This is when I get pain for days afterwards but I do have to see them so have to put up with it. I have just been put in work related group ESA and atm I'm beginning to challenge the decision and want to overturn it so I am in support group. I am 61 I've had a difficult life and I don't need all this stress and worry

That said I truly believe I meet the criteria needed to be in that group

[KateAL]

This sadly is very typical, I too I’m having exactly the same problem. I suggest you appeal, I am. Sending gentle hugs 🤗

[Africananimals_88 in reply to KateAL]

Thanks Kate. I wish you all the best too. I've been very upset by the whole situation and it's possible implications. Many hugs from me 🤗

[Africananimals_88 in reply to Africananimals_88]

Let me know how you get on 😊

[Ccupcakes]

Challenge the decision. Yes Fibro is on their list of acknowledged conditions but it's the effect it has on YOU and your ability to live your life that counts.

And if you saw a GP for your assessment, then I would be surprised.

Whatever your assessor may or may not put in their report, in the end, if you can support your challenge and back it up with fact then you should get a better outcome. Go to the Benefits and Work website, their guides ate the best and it will be the best £20 you have ever spent.

Good luck

C.c.

[Africananimals_88 in reply to Ccupcakes]

Thanks Cupcakes. Thanks for the advice. Best wishes 😊

[Davesplace]

Put a complaint in to dwp independent complaints examiner (ice) and to the company the dr came from , you will get the right result , all the best Dave

[Africananimals_88 in reply to Davesplace]

How do I contact ICE? 😊

[Africananimals_88 in reply to Africananimals_88]

Could they over turn the decision?

[Africananimals_88 in reply to Davesplace]

Could they over turn the decision?

[Davesplace in reply to Africananimals_88]

They will certainly look at it again , and yes they can overturn the decision , but dwp ice won't , they just investigate it to , I have had an apology from them and compensation to ,

[Davesplace]

Google dwp ice and email them , good luck