Fog, fog stay away

Just half an hour ago, I found myself analysing a scientific paper, and developing a structured argument and commentary about it.

It is so late at night, I am awfully tired after a long day, but still, my brain worked! I am a scientist. Yes, I am a scientist. This should be normal??

Yes, and No!

I had this sudden sense of "Hallelujah", "thank God", "Amitaba" "Insya Allah". Awww.. I just wished to say thank goodness/Thank God in all the manners available to the major religions on earth. That is how grateful I am.

I suddenly realised that although I have not been that well these few weeks, and fatigue is affecting my concentration, my brains are still still working! My fingers are swollen (enough to get my physiotherapist who saw me today really concerned and strongly suggested I get a proper occupational evaluation and told me my legal entitlements).

Compare my life now to the days when I faught fibro fogs daily- this is still heaven despite the pain and fatigue. Fibro fogs is the most difficult part of fibromyalgia! That is true, at least for me!

If you are some foggy brain stumbling onto my blog, do not ever give up. There is hope at the end of the tunnel. Or should I say, the sun will shine and drive the fogs away one day?

.. and ahem.. can it say it again? "I am amazing"!!

New fibro support forum (UK)

There is a new fibromyalgia support forum for UK.

http://www.fibro.org.uk/

Hope this forum flies. Good luck. UK patients will need all the info/help in getting help from the NHS system, and understanding their rights.

What happens if your landlord do not provide the heating and water supply?

What does the law say about provision of water and electricity? In this case, the tenants have just move in.
The landlord need to do the "repair" within "reasonable" time.

How long is reasonable?
It can be days, weeks. It is very difficult to define.

So, what will happen to my friends? Tonight will be particularly cold, and I cannot imagine them living in a house without any heating. They are miles away might need to pop into a B&B/motel if it gets really cold tonight. My friend has health conditions which is particularly intolerable to cold.

Could they get some sort of compensation for the extra expenses incurred? For example, not pay the rental for yesterday and today (the days where they flat is clearly not ready/fit for occupation??) or some sort of compensation for needing to seek alternative accommodation?
No, they law does not have any provision for compensation to tenants (even when repairs are clearly needed). However, the law says that the tenant must continue to pay full rental, and ensure no arrears (even when repairs are not carried out). Otherwise, they are considered defaulting. They can ask the landlord to reduce rental for the period the problems exist, but the landlord have no obligations to fulfill it.

Is there no obligations at all on the landlord's side? Is there no way to claim any compensation? This can be costly if dragged out.
They can try to make a claim a through the small claims court, but will need to seek help from a solicitor. This is no guarantee that they can get something. In addition, they will have to pay fees. May not be worthwhile.

Don't the landlord & management agent have an obligation to ensure that they flat have basic supplies such as water and electricity connected before renting out?
They may claim that they were "not aware" of the situation. It is very difficult to "contest". For example, the water supply might have been cut off because the previous tenant did not pay up, or there is a broken pipe. This will not be considered the landlord's fault.

So, what can the tenants do?
Request the management agent to get it done asap. If they still drag their feet, involve the local council. The local council can act as a "mediator". If all these do not work, and the problem is prolonged, they can speak to the local environment office, who can then look into the matter and have the power to take actions -"ordering" a repair.

+++++++++++++++++++

?????? Can you believe it??? Gosh, I think i should just get a property and rent it out, since my only obligation seems to be carrying out repair within "reasonable" time whenever my tenants complain. I don't even have an obligation to check that the house is in good condition, with basic things like water and electricity provided!

Tell me, what is "reasonable"?

My faith in "law" is diminishing. Where is the justice?

When two parties are involved, the law always seems to protect the more "powerful" party.
Examples?

Employment laws: To what extent are employees protected? To what extent are disabled employees, young mothers etc are protected? Although there are "acts" in place, they are pretty useless, as there are so many loop holes. "Reasonable adjustments" for disabled employees. How do you define "reasonable"? It is all up to the employer to define, with so many excuses about hurting the company efficiencies etc.

Housing and tenancy:
I have just called on behalf of my friends to find out about their rights. They have just moved into a new rented flat and found out that there are no water supplies. No water supply= no boiler= no heating. No water supply= no sanitation.

Is this flat fit for occupation?

They called the housing agent who managed their flat immediately, only to be told that the "person in charge" is not around. Call again, and they seemed to drag their feet again. So, where are they going to stay today? It is really cold today, and my friend has health problems- mild lupus and bad peripheral circulation. I have seen her fingers and toes turn blue when she did not keep warm enough in winter. I have seen them bruised, and painful because of exposure to cold.

I called and ask some questions, and was really fuming about the laws of this country.

What does the law say about provision of water and electricity? In this case, the tenants have just move in.
The landlord need to do the "repair" within "reasonable" time.

How long is reasonable?
It can be days, weeks. It is very difficult to define.

So, what will happen to my friends? Tonight will be particularly cold, and I cannot imagine them living there. They are miles away from me, and they might need to pop into a B&B/motel if it gets really cold tonight.

Could they get some sort of compensation for all these problems? For example, not pay the rental for yesterday and today (the days where they flat is clearly not ready/fit for occupation??) or some sort of compensation for needing to seek alternative accommodation?
No, they law does not have any provision for compensation to tenants who are given an accommodation unfit for living. However, the law says that the tenant must pay full rental, and ensure no arrears even when repairs are not carried out, otherwise, they are considered defaulting. They can ask the landlord to reduce rental for the period the problems exist, but the landlord have no obligations to fulfill it.

Don't the landlord & management agent have an obligation to ensure that they flat have basic supplies such as water and electricity connected before renting out?
They may claim that they were "not aware" of the situation. It is very difficult to "contest". For example, the water supply might have been cut off because the previous tenant did not pay up, or there is a broken pipe. This will not be considered the landlord's fault.

So, what can the tenants do?
Negotiate with the management agent to get it done asap. If they still drag their feet, involve the local council. The local council can act as a "mediator". If all these do not work, and the problem is prolonged, they can speak to the local environment office, who can then look into the matter and have the power to take actions -"ordering" a repair.

?????? Can you believe it??? Gosh, I think i should just get a property and rent it out, since my only obligation seems to be carrying out repair within "reasonable" time whenever my tenants complain. I don't even have an obligation to check that the house is in good condition, with basic things like water and electricity provided!

In other words, my friends are on a lose lose situation. They will have to wait for then landlord to carry out the "repair" within "reasonable" time. Days later? A week later, since it is the "weekend now"?

I find that these are all totally ridiculous. If you have no water supply to your house, and you are freezing cold, I bet you will call they plumber immediately. I bet you will try to get someone to repair it within the next couple of hours. I bet you won't think nothing can be done since it is weekend.

Working with Rheumatoid Arthritis...know your Rights

...and your limitations.

After taking a couple of weeks off, I am now ready to go into my job search again. I have spent these few weeks reflecting on what went wrong, and what could be done better. It is very very sad but true- my RA had formed a big component of my work related problems. It is not all negative though. At times, I feel that I can understand and deal with issues better because of what I learned from RA, fibros etc.

However, it is undeniable, that my RA and fibro was a big set back in many ways, and may continue to be, unless I could overcome them.

1. My boss see me as "chained"- not able to find another job easily as I only wanted to work part-time because of my health.
2. I am seen as "unreliable", because of my RA flares. Although I only had 2 major flares, which would stop me from working even if I wanted, that was enough.
3. Work arrangements- some colleagues resent my "special treatment", and wanted the same "privileges" extended to them.

Unfortunately, I had not been familiar with the rules and regulation, and did not know what were within my rights. But so what even if I was?

Although there were disability protection acts etc, these are really unclear. What does "reasonable adjustments" mean? That was really entirely up to the employers to decide. The are plenty loopholes the laws are worth another entry!

I find the Employment section of NRAS very helpful and informative.

The problems that I (and many other RA patients!) faced at work is not something which I could resolve entirely on my own, despite bring out the whole lot of coping skills I have and getting full support from my family.

Communicating clearly about your condition with your colleagues and boss helps a lot (but may backfire sometimes). Making concessions (like getting low pay), and putting in extra hours to ensure quality work helps too (although you may see this as some sort of discrimination/exploitation!!).

However, improving the perception and understanding of other people about RA needs more than these individual efforts! It is all too easy for people to attribute your limitations to your lack of personal discipline rather than RA. How often have you heard " I am tired TOO", when you say you are fatigued? There is also an element of unpredictability and invisibility about RA's up and downs, which other could interpret as "inconsistent", and "lack of evidence". Ie, they may suspect that you are really waking up late when you say you have bad stiffness and need to come in 1-2 hours later.

Improving the work situation of patients with RA it is something that more formal protection in terms of regulations is needed. As RA patients, we need to create the awareness of these issues not only for our own benefit, but for all RA patients.

I not only want a job. I want to be able to work optimally, so that I can do my best! I want the chance to do what I can do based on my skills, education and experience. All I need is some minor modifications to get there. Can these be done?