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I have a small query regarding Atos Reassessment. Last year I had a tribunal for ESA due to long term physical disability (previously on Incapacity Benefit). I had been turned down in my claim and in my appeal. The tribunal decided to award me 1 year of ESA with the support component. At the time I was awaiting a total left knee replacement and also for surgery to remove two pins from my left ankle. I could not weight bear on my left leg and was therefore on crutches. I also lived in a second floor flat with many stairs. Earlier this year I was due a review by Atos (march) and only recently had my medical. The situation since last year has changed as my Knee replacement has now been done, but I am still waiting for my ankle to be sorted out. Unfortunately although I was on a waiting list for my ankle my physiotherapist referred me back to orthopaedic surgeons to assess my right knee which is now showing the same symptoms as my left knee did before the knee replacement. This has meant me being taken off the waiting list for the surgery on my left ankle as it was decided to find out how bad my right knee is before proceeding. The problem being that if they operate on my ankle my right knee may give out and not support me leaving me unable to walk at all. They are not sure if the ankle procedure will leave me unable to weight bear until they 'get inside' as it's not clear if they will need replacing. To complicate matters although the MRI scan on my right knee shows cartiledge damage the surgeon is not sure how extensive this is until he 'goes in'. Because I am listed for an arthroscopy on my right knee, and no longer seeing a physiotherapist or on a waiting list for my ankle it would appear to some that my problems are minor. I am still on crutches and finding it increasingly difficult to manage stairs or walking far, still having to use tramadol (I am allergic to codeine and all anti-inflammatories so have no other option to control pain) which make me sleepy and also nauseous if I take them for more than three days at a time so my appetite suffers, therefore I have to have a break every few days from them. I live alone but my 74 year old mother comes to visit from 60 miles away every two weeks or so and stays for a few days at a time to cook up batches of food and portion and freeze them for me as i cannot stand for too long. She also cleans my flat and does washing and ironing etc as I find it difficult to do these things on crutches. She is my unofficial carer.
I told all of this to the medical assessor (who said she was a doctor) and even though I am now suffering with both legs causing mobility problems they have told me I am no longer in the support group but have to go into the work related group. I also receive DLA Mobility higher rate and that will be assessed in november. What can I do to make these people see that if I was unable to work with one leg being bad, according to the judge and doctor at the tribunal, then how can I be better when both legs are now affected. This is depressing me even more as I am also concerned that my mother, at her age, cannot continue to give the support as it is tiring her out. Help
I have a small query regarding Atos Reassessment. Last year I had a tribunal for ESA due to long term physical disability (previously on Incapacity Benefit). I had been turned down in my claim and in my appeal. The tribunal decided to award me 1 year of ESA with the support component. At the time I was awaiting a total left knee replacement and also for surgery to remove two pins from my left ankle. I could not weight bear on my left leg and was therefore on crutches. I also lived in a second floor flat with many stairs. Earlier this year I was due a review by Atos (march) and only recently had my medical. The situation since last year has changed as my Knee replacement has now been done, but I am still waiting for my ankle to be sorted out. Unfortunately although I was on a waiting list for my ankle my physiotherapist referred me back to orthopaedic surgeons to assess my right knee which is now showing the same symptoms as my left knee did before the knee replacement. This has meant me being taken off the waiting list for the surgery on my left ankle as it was decided to find out how bad my right knee is before proceeding. The problem being that if they operate on my ankle my right knee may give out and not support me leaving me unable to walk at all. They are not sure if the ankle procedure will leave me unable to weight bear until they 'get inside' as it's not clear if they will need replacing. To complicate matters although the MRI scan on my right knee shows cartiledge damage the surgeon is not sure how extensive this is until he 'goes in'. Because I am listed for an arthroscopy on my right knee, and no longer seeing a physiotherapist or on a waiting list for my ankle it would appear to some that my problems are minor. I am still on crutches and finding it increasingly difficult to manage stairs or walking far, still having to use tramadol (I am allergic to codeine and all anti-inflammatories so have no other option to control pain) which make me sleepy and also nauseous if I take them for more than three days at a time so my appetite suffers, therefore I have to have a break every few days from them. I live alone but my 74 year old mother comes to visit from 60 miles away every two weeks or so and stays for a few days at a time to cook up batches of food and portion and freeze them for me as i cannot stand for too long. She also cleans my flat and does washing and ironing etc as I find it difficult to do these things on crutches. She is my unofficial carer.
I told all of this to the medical assessor (who said she was a doctor) and even though I am now suffering with both legs causing mobility problems they have told me I am no longer in the support group but have to go into the work related group. I also receive DLA Mobility higher rate and that will be assessed in november. What can I do to make these people see that if I was unable to work with one leg being bad, according to the judge and doctor at the tribunal, then how can I be better when both legs are now affected. This is depressing me even more as I am also concerned that my mother, at her age, cannot continue to give the support as it is tiring her out. Help
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