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ESA medical worries

  • dean stockton
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14 years 6 months ago #19270 by dean stockton
ESA medical worries was created by dean stockton
I am due to have an ESA interrogation (medical) on 6/5/10 after having an operation on 2 masses in the brain. It didn't go well the could only just reach the first mass pushing my groin very hard and put some glue or a clip at the edge, I think.
I had complained to GPs since the age of 14 about muscle weakness and constant headaches to be told my muscle tone was fine WTF and given a prescription for painkillers for the headaches. in my mid 20's I became breathless really easily just standing at the sink to wash up would make me breathless.
It was nearly 11 years later that the reason for the breathlessness and headaches was found, but only because my brother had complained to the same GP as me about getting out of breathe easily. It was a surgeon that I was seeing about epilepsy that sent me for a blood test where they take blood from an artery that showed nearly 40% of my blood was not receiving oxygen. During the 90's I also damaged my back which was cured twice with epidural injections but not the third time an x-ray showed, and remember what the back specialist said word for word, You have 3 fused discs in your lower spine.
This year in Feb I had the operation on the masses in the brain, also part of the condition to do with my breathlessness. I spent 1 month in hospital not the week they said before the op I was in ICU a week, and on a ward for a further 3 weeks. I needed a medical certificate to send in along with the ESA claim form, my daughter was going to pick it up when she came down the next day, but I decided to see if I could get it a round trip of about 1 mile I made about 100 feet most of it forced by my not wanting to be defeated by what I would normally call a short distance, I gave up made it home and laid on the bed and the next thing I knew it was around 2.30PM on Thursday afternoon, I had slept for nearly 24 hours solid.
The only times I get out of the house are for hospital appointments and a music gig, booked before I even knew about going into hospital for the op and I slept through most of the gig :blush: . My conditions or illnesses (whatever you want to call them, the first one I don't know if it is spelt correctly and the abbreviation for it is 3 letters and not in the A-Z the DWP and tribunals use.

1. ARTERIO VENUS MALFORMATION (AVM)
2. EPILEPSY
3. BACK PAIN (fused discs)
4. MUSCLE WEAKNESS
5. SPEECH PROBLEMS
6. BAD MEMORY
7. CONCENTRATION PROBLEMS
Number 1 is a condition that you are born with or develops soon after birth and can either be very severe or not be found until an autopsy is done. I was reading 1 American site on AVM's and it said muscle weakness and speech problems can be a side effect of AVM's
Number 2 my first fit was at he age of 4 my second group of fits were in 1999 my third group of fits were in Feb this year after the op
Number 3 was through lifting the fused discs were found when a x-ray was taken after the third epidural failed to relieve the pain.
Number 5, 6 & 7 are something that I have suffered with as long as I can remember.
Number 5 showed just under a month after I came out of hospital when my daughter asked what that rash was on my face, I tried to say I don't know, I didn't even know I had a rash, it took me nearly 30 seconds to get those 3 words out.

Although I have had an interrogation (medical) before in 2008 for IB which declared me fit for work, I am worse now than in 2008 when I just wanted to do what I was asked at the interrogation (medical)
What I want to know if possible is the answers to these questions.

How would the interrogator penalise me if
1. they asked if they could examine me and I refused, as just about all my conditions are internal, and cannot be seem without specialist equipment.

2. with my bad memory and easily getting confused I was not to answer almost immediately as the interrogator wanted at the first interrogation.

3. As my pain is constant and severe, even though I don't show the pain outwardly, the only place I get a bit of relief is in bed so if at the interrogation they ask you to do things like bend, stretch, stand pick an item off the floor and you refuse saying it would cause severe pain, again how would you be penalised?

Personally I believe that much of the interrogations are in breach of article 3 of the human rights act 1998 prohibiting the use of torture both physical and mental, or do the government allow the sick and disabled to be tortured?

Sorry if the post is jumbled but if I don't put things down as I think then I forget what I was going to put.

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14 years 6 months ago #19274 by Gareth56
Replied by Gareth56 on topic Re:ESA medical worries
Take a look at the 'Guide to carrying out work capability assessments for use by healthcare professionals.' in the Members Section in particular Section 3.1.4 on page 43 which outlines the procedure of "Examining the Claimant".

Don't forgot you don't need to do anything that will cause you pain and discomfort but be sure to tell the "healthcare professional" that carrying out such an activity will cause you such pain and discomfort.

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

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14 years 6 months ago #19275 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA medical worries
If you refused to submit to the medical assessment or any part of it without good reason, the outcome would be that you would automatically be found fit for work, as the disability analyst would simply terminate the assessment and inform the DWP of the reasons for the termination. It would then be up to the DWP to decide whether you had good cause for non-compliance?

The HRA would not assist in these circumstances because the WCA is administered by virtue of an act of parliament, and acts of parliament are normally exempt from the HRA.

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