What to do if you 'fail' your work capability assessment

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What to do if you 'fail' your work capability assessment

Postby MCT » Wed Feb 22, 2012 12:18 am

.

I've found some information online that I thought would be useful to those in the process of claiming ESA who have insufficient points for the WRA or Support Groups.

How to request reconsideration/appeal

Even if you've found you have scored “0” points in your Work Capability Assessment DON'T PANIC!

As soon as you know you have not scored sufficient points it is essential to contact:

  • Your GP - you will need to have a "sick" note back-dated to the date of the decision letter (this will need to be sent in with your appeal form)
  • Your local Citizens Advice Bureaux or Local Authority welfare rights office, or other advice agency such as DIAL etc and request assistance from them. They are under severe pressure at the moment so get your request in quickly.

The suspension notice usually arrives on or after your usual pay day, this is usually where panic ensues, followed by a call to Job Centre Plus. Chances are the advice from Job Centre Plus would be that you sign on for Job Seekers Allowance. However, this is not necessarily the case, there is another option, one which will give you some money whilst you seek Reconsideration and/or Appeal.

What to do

When you receive notice of your suspension due to scoring insufficient points, in order to retain your benefits you need to do the following:

    (Before you begin, make sure you have a pen and paper in a convenient, comfortable spot near to your phone.)

  • Call Job Centre Plus (or ask a carer or friend to this for you), ask the person you speak to for their name and contact number and make a note of it.
  • Ask for a GL24 form and a copy of the ESA85 assessors report.
  • Tell the Job Centre Plus staff member that you will be seeking a Reconsideration and wish to be put on the “Assessment Rate” during the appeals process.
  • Should the Job Centre Plus staff member be evasive (they may say they haven't got access to your ESA85), be polite and persistent, (they have it as they need it to make their decision). If necessary, ask to speak to a more senior person and continue until they agree to what you are asking, including putting you on the Assessment Rate.
  • The Assessment Rate is the same as Job Seekers Allowance and allows you to retain any other help with rent and council tax you were receiving prior to your benefit suspension.
  • When you have the GL24 and ESA85 (These may not arrive at the same time with the ESA 85 may arrive weeks after the GL24)

Once you have received your forms, fill in the GL24 immediately and send it off with the "sick note" from your GP. Make a copy of the ESA85.


Read through the ESA85 document carefully. You should set some time aside to go through it all, it can be quite frustrating to find out what has been written about you, you may even get angry, and although it does get quite repetitive in places you really need to read all of it to check for any errors and inaccuracies. If you find this difficult get someone you know and trust to help you with it (it might be an advantage if you had someone with you at your assessment to ask them to look it over).

Highlight every piece of information you consider to be:

    Inaccurate
    Assumed
    Untrue

Put them in this order, using a different coloured marker helps. It may also help to make notes about what it is about the information you are disputing.

If you are going to dispute a descriptor it is essential you provide supporting evidence from your own Health Care Professional as the Tribunal will accept the word of the ATOS Health Care Professional if you do not do so.

Note: If you request an Appeal without requesting a reconsideration the DWP will automatically carry out a reconsideration and if the decision is not changed you do not then need to request an appeal as this is already registered.

What is the difference between reconsideration and an appeal?

Reconsideration: When a Job Centre Plus Decision Maker looks again at the ATOS Health Care Professional's report or any new evidence you or your Doctors, specialists etc. provide.

Appeal:- When your case has been reconsidered by the Job Centre Plus Decision Maker and the decision is not changed then it goes to a Tribunal (this is sometimes called a first tier appeal).

Hope this helps :fingerscrossed:
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Re: What to do if you 'fail' your work capability assessment

Postby FluppyPuffy » Wed Feb 22, 2012 12:44 am

Thanks for this MCT :bear-dancing: :bear-dancing: :bear-dancing: I've stickied the topic so it won't drop down and get lost in with the other posts. Having this will help when someone asks what they should do next after they have been found allegedly fit for work, we can give then the linky to this so they can start things in motion to hopefully getting the right decision made for them :bear-dancing: :bear-dancing: :bear-dancing: :bear-dancing: :bear-dancing:
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Re: What to do if you 'fail' your work capability assessment

Postby tinker100 » Mon Mar 26, 2012 12:14 pm

Appeal:- When your case has been reconsidered by the Job Centre Plus Decision Maker and the decision is not changed then it goes to a Tribunal (this is sometimes called a first tier appeal).

Hope this helps :fingerscrossed:[/quote]

Can someone tell me how long this process takes to go to a full first tier appeal? I have had a letter today saying the decision maker has not changed the decision (despite my GP's lengthy report to the contrary).
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Re: What to do if you 'fail' your work capability assessment

Postby huggy69 » Fri May 11, 2012 1:47 pm

hi hun ,i went to appeal 2 days ago ,i had been waiting since october ,at the mo the waiting time is 6 to 9 months as is a back log ,get in as much evidence as you can in the mean time as it all helps ,ps ,they go from how you were on the date u appealed
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Re: What to do if you 'fail' your work capability assessment

Postby littlepetal » Mon Jun 11, 2012 10:57 am

hi ive just had a interview with the job centre because the atos person has said ive got limited capability for work and its upset me a lot she never helped at all all she has said is my contribution based esa will stop on the 22nd august after that i get nothing ive applied for dla and was turned down they have said because my husband works full time i cant get any help at all i gave their atos a letter from my dr saying my illness has got worse over 6months im not sure wat to do or where to go for help im hoping someone on here can help me :?: :hit1: :swear1:
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Re: What to do if you 'fail' your work capability assessment

Postby MCT » Sat Jun 16, 2012 12:06 am

littlepetal wrote:hi ive just had a interview with the job centre because the atos person has said ive got limited capability for work and its upset me a lot she never helped at all all she has said is my contribution based esa will stop on the 22nd august after that i get nothing ive applied for dla and was turned down they have said because my husband works full time i cant get any help at all i gave their atos a letter from my dr saying my illness has got worse over 6months im not sure wat to do or where to go for help im hoping someone on here can help me :?: :hit1: :swear1:


Not knowing all the circumstances it's hard to advise from a distance. You really need to get to your local CAB/DIAL or similar organisation asap and ask them for some assistance, they should be able to guide you through the benefits maze and hopefully come up with some options for you.
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Re: What to do if you 'fail' your work capability assessment

Postby unluckytiger » Tue Aug 21, 2012 12:00 pm

Hi, could someone please advise me what medical evidence i need from my GP to support my appeal for ESA? As far as i'm aware he has only stated that i have fm on medical sick notes.. also is proof from GP enough or do i need confirmation from a specialist? Many thanks in advance x
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Re: What to do if you 'fail' your work capability assessment

Postby *Lisa* » Tue Aug 21, 2012 1:31 pm

unluckytiger wrote:Hi, could someone please advise me what medical evidence i need from my GP to support my appeal for ESA? As far as i'm aware he has only stated that i have fm on medical sick notes.. also is proof from GP enough or do i need confirmation from a specialist? Many thanks in advance x


Hi & :welcome:

Proof from your GP should be enough as all your appointments and diagnoseses and medication / tests done etc from consultants should be sent in a letter to your GP so they will have all information to hand.

You will need a letter with all diagnsed conditions/medicationlist and how your symptoms will effect your ability to work.
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: What to do if you 'fail' your work capability assessment

Postby babajane32 » Wed Aug 29, 2012 5:31 pm

invaluable..saved in anticipation of brown envalope of doom!
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Re: What to do if you 'fail' your work capability assessment

Postby denisemarie » Mon Sep 24, 2012 1:44 pm

I have found a site that is very helpfull with DWP "problems" it is campaign@benefitsandwork.co.uk there is a huge amount of free advice and the option to subscribe, ( not expensive ) I am looking into all this for myself as im expecting my benefit to stop very soon , I have only just been diagnosed with fb, and have had other health problems which caused me to take early retirement
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Re: What to do if you 'fail' your work capability assessment

Postby expost » Mon Sep 24, 2012 6:00 pm

Hiya, ive just received the dreaded news on saturday that i have not scored enough points for ESA. I phoned DWP today and asked for a copy of the ESA85 ...is that correct...they could not locate it at that moment as the system was down!!! Any way i asked about the GL25 appeal form, she said to get it sent in straight away. I said i had an appointment with the CAB on friday this week and that i did not have other paperwork supporting my case at this moment in time. She said to send in the form anyway and that i could send on the other information as soon as i get it together. .....Is this a wise move or should i just wait and send it all in together after fridays meeting with CAB. I dont trust the DWP to make sure the records are all put together if ive sent them separately. Any advice please as i need to know im doing the right thing
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Re: What to do if you 'fail' your work capability assessment

Postby Densie65 » Tue Oct 02, 2012 1:17 pm

Hi everyone,
I've just had the report from my work capability assessment saying I scored no points.
I've contacted Citizens Advice, they've asked me to take the letter and report to them tomorrow and make an appointment.
They also told me to gather evidence of letter, reports, appointments etc.
I'm seeing my GP on Monday and will ask for a letter from her, but I don't know if she understands how weary tired and low I feel.
I'm not entitled to any money and my savings have gone down drastically.
I keep thinking that people think I'm just lazy and don't want to work, which isn't true. I was dismissed because of illhealth from my job of 26 years.
Work had sent me to Occupational Health on and off for a number of years and one report said that the disability act is relevant to me (before I had fibro, just arthritis). Would this make any difference to me?
Denise
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Re: What to do if you 'fail' your work capability assessment

Postby Iceskatemum » Tue Oct 02, 2012 2:04 pm

Hi Densie65

Could someone else come with you to the GP on Monday and may be they could help voice how bad things are for you at the moment.

If not make sure that you tell the GP how you are feeling, try making a quick symptoms list between now and the appointment as with the fibro I think we often block out the really bad times.

Good luck with things I can sympathise with all you are going through . I am still in work but for how long is anybodies guess as I have been off sick since May and given my previous sick record I certainly feel the sympathy of my bosses has run out.

I had a union rep with me to my last interview with HR and he said while the Disability Act is ok it doesn't prevent you getting the sack it just slows things down as work have certain "hoops" to go through to see if you are fit for work but if not then they can go ahead and dismiss you .

:goodluck1: & :flowers:
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Re: What to do if you 'fail' your work capability assessment

Postby badtastebear » Thu Oct 18, 2012 2:41 pm

babajane32 wrote:invaluable..saved in anticipation of brown envalope of doom!


Have read the posts, and have found bits from them to be useful.
Ive just had the brown envelope of doom (BEOD), as I asked for a 'change of circumstances' re-assesment.
I am now waiting to hear from someone at MIND, who can help me fill it in.
They can only do this if you have a 'Mental Health' problem, and Depression counts. :-D
Never thought Id be happy to be depressed. :roll:

I have already started to get some relevant papers together, just in case they 'fail' me. :(

So, thank you very much for the info supplied here.
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Re: What to do if you 'fail' your work capability assessment

Postby mrsellgee » Thu Oct 18, 2012 10:13 pm

It seems that the majority of us get the dreaded 0 points, I too have just been given that score too.
I have consultant reports, gp reports etc all ready to go I am not going to take this lying down. ATOS seem to be a
bunch of liars who think we are all dodgers.Maybe they should try a day living with our ailments.

I am appealing dla decision too makes me sick to think of all the years of bloody hard work I did for the NHS to end up
being treated like a scrounger because I am no longer fit to work.
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