Firestormm
Senior Member
- Messages
- 5,055
- Location
- Cornwall England
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Firestormm wrote: "But not everyone is 'let down' or fails to overcome 'unsympathetic clinician' views. It can be a tough ride but is not insurmountable. And let's face it, ME is not considered permanent or disabling - though we 'old timers' might consider it so."
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@ Firestormm: You appear to be ignoring the public evidence of the official and institutional prejudice towards ME Insurance claims, as well as ME Incapacity and ESA claims.
As for believing (as you have stated) that Disability Living Allowance (DLA) is awarded on care and mobility needs alone, and not refused according to the specific illness. My own (nearly 5 year case) disproves your trusting belief in official proclamations from Westminster, and your trust that 'officialdom' generally 'gets it right'..
And please don't commiserate with me, and give me advice. After 5 years I ended up more informed about how DLA assessments and Tribunal Appeals, and SS Commissioners' cases actually operate than I suspect you are.
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Wildcat. I won't then commiserate with you. I have provided advice. Plenty of advice over plenty of years. I have recently 'won' an appeal for ESA and one for DLA - so maybe just maybe I do know from where you are coming (in this respect at least).
No diagnosis automatically affords the right to benefits unless terminal or unless a person is undergoing chemotherapy (and one rule on this latter has only recently been changed).
Arriving at an assessment or tribunal armed with scientific facts or medical opinion on what ME is or isn't will not help the individual IMO.
All claims are made based on the way in which a person's ability to function is affected by their disability. When my own decisions were turned down, my disability was not the issue.
It was - and remains - the degree to which my disability prevents me from doing the things that they have decided are important indicators of my ability to work - or in the case of DLA - mobility and care needs.
I have to say, Wildcat, that I am not endeared to your attitude towards me. The 'system' sucks for anyone who is sick especially. The deck is stacked against us. It is a very hard fight and it isn't enough any longer to be deserving.
Having to fight when unable to do so is wholly wrong in my view - more so when those whose existence is supposed to enable them to fight alongside or in place of those who cannot fight for themselves is being restrained by Government funding e.g. Citizens Advice.
Even if I were to lose the next assessment then I would still maintain my view. Just because I finally won my appeals does not mean I am enamoured of or defending the system. As regards the Work Capability Test there has been a concerted effort by those organisations representing 'fluctuating conditions' (meaning symptom fluctuations before you ask) that MIGHT change the way in which the assessment process is delivered.
I don't know if you have read it or followed it's development. If you haven't and want to then I'll post a link. It is now at the point I seem to remember where the DWP will be considering testing the revised questionnaire - though I will be honest here and say that I think the revised questions are too complex.
I will conclude with saying that in my experience, a tribunal is a better place to get ones case and situation across than by simply completing forms and trying to get suitable and accurate medical evidence. I found it more preferable as the court could see how much this was affecting me.
I found I could try and talk and help them to understand. But at the end of the day they are constrained by the law and by their own interpretation of it. If you want my advice - I will say this. Do not hold anything back when in front of the assessment panel or in court. Break down if you have to. Personally I find talking about what I can and cannot do very upsetting, as well as my dependence on others.
I think that where I have gone wrong in the past is to put on a brave face when I should have been far more realistic. But that's just my experience and I do genuinely wish you well. If you haven't already done so then have a word with the ME Association (if you can bear to I know that they are not everyone's 'cup of tea').
Fire.