× Members

ESA to WRAG appeal effects of morphine medicaton

  • Gary Spencer
  • Topic Author
10 years 9 months ago - 10 years 9 months ago #107137 by Gary Spencer
Apologies if a similar question has been asked before, but I can't seem to find any advise appertaining to my query in recent posts .... so I'm sorry if this is a repeat! I will try and keep this as brief as I can

Sent IB50 Feb and recd reply last wk placing me in WRAG (no medical).

I suffer with painful muscle spasm in my abdomen and lower back, which also causes me to go into urine retention. I also suffer with osteoporosis and osteoarthiritis in my hips, knees, neck, back, feet and hands.

Amongst other meds, I take 120mg of morphine slow release tabs and 15ml/30mg of morphine 4 hrly for breakthrough pain .. a total of 300mg of morphine per day. I have to have someone catheterise me, which can be up to 10 times/24 hrs, as it has to be done laying down, due to me not being able to get into a better position due to the pain. My carer/family do it for me throughout the day and my partner at night and wkends.

Before having to give up my management job, I spent the last 2 yrs in and out of hospital for pain relief and catheterisation (some 20/30 visits). I used to get IB and also after a home visit from DWP (some 5-6 yrs ago) I was awarded high rate mobility and high rate care DLA.

I spend a lot of time in bed, due to the pain and effects of the morphine. My stepdaughter is my carer and my other stepdaughter visits most days and I have two friends that also help with catheterising and day-to-day help etc.

With my IB50 I sent a letter from my GP confirming my conditions and medication and that someone has to carry out the catheterising for me. I also enclosed a letter from my carers detailing what help they provide me with etc and also a copy of my monthly prescription. I sent very comprehensive notes, detailing how my illness effects me and the effects of the high volume of morphine I take, i.e. extreme drowsiness, confusion, lack of concentration etc. I did not exaggerate, just told it as it was.

I feel (like so many, I know) that I should have been put in the support group. I would really struggle to attend WFI's (let alone work) due to the pain and effects of morphine and who is going to carry out my catheterisation should this be necessary? The only option here would be for me to be taken into hospital each time.

My question is, should I appeal or would I just be wasting my time? Also, if I do appeal on what grounds should I base it, i.e. effects of medication, effect if I didn't take it (although that just couldn't be a realistic option).

Thank you for taking the time to read my post and I'm sorry it is so lengthy.
Last edit: 10 years 9 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
10 years 9 months ago #107143 by Gordon
GS

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

To be placed in the Support Group you need to meet one of the descriptors or the Exceptional Circumstances.

Qualifying for the Support Group

So you need to look at your condition(s) in the context of these criteria, your conditions alone will not qualify you for the SG.

As you are taking medication, then you can include any effects it has on you as part of your reasons for meeting the SG criteria

Have a look at the following and if you have further questions, please reply to this post.

Our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary Spencer

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.