Hi
Hoping someone can give some advice. Yesterday I posted about my appeal being adjourned(apologises if I should have used the same thread)as the panel want more medical Information.
I have today received an adjournment notice in which it says it is asking my GP for my medical records from 1/06/2009 up to the current date.My main problem concerning my chronic back injuries go back to the late 90's and early part of this century. This is when I had the majority of treatments.Since then as they said there is not much more that can be done it has been a case of taking painkillers and getting on with it.I have not had much contact with my GP since 2009 with this problem.I am concerned this is going to count against me.
Thanks CM

citymike wrote:Apart from making an appointment to see your GP to update them on your condition, there seems to me, little that you can do practically to remedy this situation.

Many claimants with long term conditions are "parked" by the NHS, the simple fact is that there is often little that can be done, other than to monitor pain killers etc., the tribunal panel should be aware that this happens and why.

Gordon

Gordon wrote:
Many claimants with long term conditions are "parked" by the NHS, the simple fact is that there is often little that can be done, other than to monitor pain killers etc., the tribunal panel should be aware that this happens and why.

Gordon[/quote]
Does this include ME patients? I see various medical types for other problems, but the ME doesn't get much mentioned. I think my GP feels that since I have MS I should stick the talking about the "real" problems - or at least the easy-to-justify problems. But I know that the ME is continuing to make things worse and, for example, makes the "exercise is good for MS" advice unhelpful in my case - much to the annoynace of at least one physio!

I know they're supposed to assess how you match the descriptors, not what causes your problems, but anyone with ME knows that some people decide that "you could if you wanted to" and put down that you can walk, think etc as if you were just "hysterical" (to quote one EMA from my pre-MS past).

Carruthers

ME as an illness is poorly understood, even by doctors, with some still refusing to accept it as a valid illness. The DWP accept ME, although they refer to it as CFS, as a valid illness, which can cause both physical and mental health problems.

Whilst there is treatment for ME, the success rate is very low, and is, for the vast majority of cases, only effective for those who have

- a mild case
- have only had the illness for a short time (12-18 months max)
- are young

Many sufferers report that threatment actually makes their condition worse.

In the context of ESA, the most important thing is to actually have a proper diagnosis of ME, as there are no specific tests for the illness, diagnosis is one of elimination, the NICE guidelines (try Google), define the tests a GP should carry out.

The ESA descriptors make only limited reference to fluctuating conditions, for example the Mobilising descriptor refers to exhaustion and the repeatability of the mobilisation. However, in broader terms all of the descriptors have to be considered at they effect the claimant for the majority of the time, also repeatability must be considered.

I understand that several charities, the ME Association being one, are consulting with the DWP with regard to adapting the ESA desciptors to better take account of fluctuating conditions.

Gordon

Gordon wrote:My GP refused.

I've been fighting the issue of ME with both doctors and benefits adjudicators for decades - to the level commisioner's decision which made two points - firstly that the tribunal couldn't deny DLA(M) to someone with an established diagnosis of ME on the grounds that ME isn't "physical" and secondly that it is relevant to include general material on a disease when the characteristics of that disease may form part of the tribunal's judgement of the claimant.

Of course that was DLA, and the rules are very different for ESA, but the point about general information may be relevant still - and for diseases other than ME.

Fortunately I managed to find privately a local expert with the right letters after his name who produced a letter saying "there is no doubt" about my diagnosis.

My point to Gordon - which arose from a previous point in this thread - is that since that diagnosis I've had very little contact with the NHS over the ME issue. Further, since that particular expert retired, I've managed the ME end of things on my own. The contrast with the management of my MS has been instructive.

However, the ME is still important since it makes some of the standard ways of managing MS problematic, so it will feature as a reason why (for example) moving a wheelchair round is so very tiring. I'm hoping to come across a DM who appreciates that point - but expect to be disappointed.

When ATOS want to know who I'm "seeing" about the ME, I'm going to have to say "no one", because with ME you might just as well get on with it (or not). How that will play I don't know. I'm going to have to go on that diagnosis and the general decline in my health ever since.