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

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

Postby fibro-lu » Fri Oct 19, 2012 8:55 am

hi,

got my decision to be put in WRAG yesterday
phoned to ask for a reconsideration and the reports
was nervous and didn't know the right process and how to explain and what I am asking for
(needless to say it was before I read this thread)

I spoke to a nice lady who explaint all to me
she set all in motion for me to receice the form and the two reports
should be here end of next week :fingerscrossed:
she explaint that because I will/do ask for recon, that if the decision is not changed I will automatically be forwarded to appeal
she said I should fill in form asap and back it up with new evidence or why I think there is something wrong etc
I will/do give her the benefit of the doubt (?) and trust that she is doing her job because she likes her job and not because she likes to be nasty to people

thanks for the threat and the wast informaton on it
all the best
lu

forgot to ask about the points
all the best :cow-wave: Lu
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Re: What to do if you 'fail' your work capability assessment

Postby badtastebear » Fri Oct 19, 2012 10:44 pm

Good luck to both mrsellgee & fibro-lu on your appeals.

I hope someone has the sense to see/realise what were all going through and make the right decision.


Good luck.
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Re: What to do if you 'fail' your work capability assessment

Postby Densie65 » Fri Oct 26, 2012 4:33 pm

Hi everyone,
I've sent off my letter to appeal my recent "0 points" with all my evidence, letters, reports, statements etc.
Recieved a letter today saying they had recieved this, but no mention of money.
My money ended 18th September, so I wrote to "them" asking to be put on the appeal rate but nothing has been mentioned about money.
Should I get in touch again or should I expect something?
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Re: What to do if you 'fail' your work capability assessment

Postby denys » Fri Oct 26, 2012 4:39 pm

I would ring them to see what is happening :fingerscrossed:
Denys

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

Postby Fallenangel » Fri Jan 11, 2013 1:27 pm

Real bad day today got up to wake the kids for school legs felt a bit tingly started too go down the stairs and fell so now in major pain just got over that and received a phone call from ESA saying my money was stopping as I didn't score any points in my medical then ring the doctors to get in about my back at 10.18 receptionist offers me an appoinment for 10.20 the surgery is a twenty minute walk for me on a good day don't know what too do with myself feel so low I don't have a clue how too appeal and I'm useless on the phone as I can't get across what I want too say and I forget what I've been told
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Re: What to do if you 'fail' your work capability assessment

Postby *Lisa* » Fri Jan 11, 2013 1:53 pm

Hi and welcome,

Call back the jobcentre and ask for an appeal form also ask for any information on why you didnt score any or enough points so you know where to start.

On the form you have to explain why you feel there decision is wrong. Back everything up by any letters from consultants/GP/therpists that are involved in your care.

If you feel this is all too much for you then you can seek advice from the CAB or a welfare advisor in your area.
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 MCT » Tue Jan 15, 2013 5:44 pm

Fallenangel wrote: I don't have a clue how too appeal and I'm useless on the phone as I can't get across what I want too say and I forget what I've been told


If you have a look at my original post (viewtopic.php?f=11&t=12541#p135259) it lists what you need to do to get your appeal started. Right now, if you haven't already done so, you need to get to your GP asap & explain what's happened as you'll need a "sick" note to cover you from the date of the letter - you also need to seek advice from CAB or similar as they know the best possible way to handle appeals like this.
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Re: What to do if you 'fail' your work capability assessment

Postby BlindLawyer » Fri Jan 18, 2013 9:49 pm

Useful mct don't forget your points are collective and can be used across multiple disabilities and uses so if you can do buttons up ant get no points if u are stressed slow at doing so u get 6 points. Don't take the DWP answer either always question the cases. I haven't lost yet with my clients. If anyone needs a copy of a commissioner decision for free I have an extensive library for free just pm me.
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Re: What to do if you 'fail' your work capability assessment

Postby wobblywoman » Wed Feb 13, 2013 5:29 pm

There IS some occasional good news amongst the bad. I have received my brown envelope of doom after waiting 3 months following my WCA and was incredibly relieved to see I had been placed in the support group. I felt the ATOS nurse that did my assessment was very fair and understanding of what I was telling her. Mind you, the piles of paperwork I had sent in originally listing every Consultant I had ever seen over the years must have made a daunting reading prospect! Sometimes the right decision is reached and I am very, very, grateful indeed. That is one stressor that has been removed for the time being..................................until they send for me again!
With all best wishes to those of you still 'in limbo' or fighting with an appeal xxx
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Re: What to do if you 'fail' your work capability assessment

Postby Maggieboo » Mon Feb 18, 2013 3:12 pm

Hello, im new here, hope you all are ok?, i have just sent an appeal off, having lost a couple of points from all my other six assements,(which were fine??) my money was due on the thursday, they told me i have nothing on the day before, they gave me no warning at all, i am dead in the water me finks :(

anyway, hope you all do well with your appeals, FM sucks.x
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Re: What to do if you 'fail' your work capability assessment

Postby lolo73 » Sat Mar 02, 2013 8:33 pm

I failed and went to the appeal tribunal. I cited that working would have a detrimental effect on my health, the panel agreed and I won my appeal, it was short lived though because I lost my ESA claim when I have been on it a year because I was in the work related group. Now I have applied again after a break, what I didn't realise is that because they continued to pay my stamp it was considered a continuation of my claim and I had to wait 12 weeks from telling them not to pay my stamp before I could reapply for ESA.

Anyway I have had one lump sum payment because it has taken so long to sort out and nothing since, no paperwork relating to the payment or anything. It costs me a fortune in phone calls because we are with Virgin and they charge for low rate calls and they keep me on the phone for ages and I get so worked up waiting for an answer, I get it all muddled when they do finally answer. I know I will score zero points and I will then have to go back to tribunal, more stress and upset. I worked hard to put myself through uni and then working full time in the NHS for many years, I paid my dues and now it is my turn to take out of the system I get every door slammed in my face, it is so frustrating. I am glad some people are being taken seriously.
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Re: What to do if you 'fail' your work capability assessment

Postby sweetie pie » Tue Mar 26, 2013 10:21 pm

O points with a chronic widespread pain plus many many symtoms on top of that and zero points by a nurse that doesnt even know or heard of fibromyalgia,demand a pro doctor or pro rheumatologist 2b there when you get assessed,astos gets told by dwp 2 assess us and its the gov who tells dwp 2 do that,as dwp knows all about re fibromyalgia,its the gov that doesnt care at the end of the day,The gov or any logic person would know if you cant do a wee daily task indoors how on earth can you take a job on,as we all know its down 2 strenth and thats something we dont have anymore,plus chronic pain is nothing like normal pains and aches so stand your ground :nono: dont let them tell you how your life is, as we know how it really is xox
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Re: What to do if you 'fail' your work capability assessment

Postby sweetie pie » Thu Mar 28, 2013 7:54 pm

I wasnt in anyway sticking up for atos,as i think they are a bucnch of heartless people they have know idea what they put us through,bet they get a wee bonus everytime they give 0 points,i refused to go back there so if they want to assess me they can come to my home with a pro doctor that knows re fibro,as these lot dont have a clue about anything,there just good at making us all feel the lowest you can feel and that is a total disgrace on there part :face-slap: :scream-1:
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Re: What to do if you 'fail' your work capability assessment

Postby Nanna07 » Fri Apr 05, 2013 4:05 pm

Hello
Just wondered if this was still the same now that the April 2013 changes have come into force.
Thanks
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Re: What to do if you 'fail' your work capability assessment

Postby jovigirl69 » Thu Apr 18, 2013 12:57 pm

Got the dreaded phonecall yesterday from esa with results of atos medical done in February and I got 9 points so have asked for the appeal form and assessors report. Also appealing against dla decision so I will be having fun and games for the next god knows how many months
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