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The UKFibromyalgia Forums • View topic - What to do if you 'fail' your work capability assessment



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 alysonpeaches » Wed Dec 04, 2013 11:34 pm

I have got a date for my tribunal in January. I have been steered to a department within my local council called Appeals and Tribunals and seen a support worker. The citizens advice sent me here as they couldnt attend a tribunal with me. Now I have found out that the officer from the council doesnt attend tribunals with people, he just prepares a submission. Fair enough. I have read his submission and I am somewhat disappointed. My own response, point by point, highlighting my objections to the decision makers points was more thorough. My GP is OK at giving me notes, and took a bit of time to be coerced into writing me a letter confirming my medical conditions and stating they impact on my ability to lead a full normal life. This was complicated as I had changed GPs and some notes had been lost :-x .

I am aware time is short, is there anything else I can do?

I have toyed with the idea of paying privately to see a consultant who would hopefully confirm my diagnosis of fibromyalgia. My diagnoses was made about 10 years ago by another GP and the notes are minimal; but she did a thorough exam and tested all the tender points both sides of body etc. I had asked my GP if there was anyone local who saw people with fibro and she said no, but I find this hard to believe.
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Re: What to do if you 'fail' your work capability assessment

Postby junius » Wed Jan 15, 2014 9:05 pm

Hi you may of sorted this matter out, you say you were diagnosed by a go gen years ago. What about asking your go for a referral dermatology as they seem to be the people trained to tell whether you meet the criteria for fibromyalgia. Hope this helps. :nono:
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Re: What to do if you 'fail' your work capability assessment

Postby whoami » Thu Jan 16, 2014 2:09 am

[i][b]

Expect the worst in life you won't be disapointed and you'll be prepared!
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Re: What to do if you 'fail' your work capability assessment

Postby Sipsmith » Wed Apr 09, 2014 7:54 pm

I am on the old Incapacity benefit - and yes, I failed my medical assessment. A lady phoned me today to tell me, she read through my form, explained the points system and then I cut her short, because all this information was coming in the post to me anyway - she didn't like my attitude. It seems that, because I can make myself a cup of tea and dress myself that I am capable of work!

Why does the government try to cut back on benefits yet waste money employing people to phone up people to let them know that they have "failed the test"? What a waste of government funds.
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Re: What to do if you 'fail' your work capability assessment

Postby Sipsmith » Fri May 02, 2014 2:48 pm

Good news, great news, the best news I could have asked for!
DWP have reversed their decision to stop my Incapacity Benefit and will transfer me to the ESA scheme. :-D :-D :-D
My appeal consisted of a covering letter (which explained yet again that "typical"is missing from the dictionary of someone with CFS/Fibromyalgia) and a diary of my daily activities.
I would like to offer my help to anyone who wants any help with an appeal.
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Re: What to do if you 'fail' your work capability assessment

Postby denys » Fri May 02, 2014 11:12 pm

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

Postby DebiP10 » Mon May 05, 2014 9:27 am

Thats fab news sipsmith :) one less worry for you x
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Re: What to do if you 'fail' your work capability assessment

Postby jdevoy1955 » Mon Jun 02, 2014 2:21 pm

Dear Sipsmith

Great news, I am appealing and welcome any suggestions. What points did you make in you letter re FMS to help them understand the not typical. In the WCA it was not made clear to me whether the answers to the descriptors were regular or occasional occurrences. it seems that if I did something once they put down 0 points. Also does anyone know if I'm right that for the Decision Maker must have an understanding of FMS, this was not made clear and even their own training manual talks of the large and common disparity between claimed and actual disability in FMS sufferers.

They scored me only 6 and that I was not entitled to Limited Capability for Work or limited Capability for Work related Activity. Do I appeal both? I was on the highest level of Incapacity benefit because of a chronic back problem (15 years) and this is aggravated more by a diagnosis of FMS 2 years ago.

Anybody else have any useful tips. Thanks

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

Postby jdevoy1955 » Thu Jun 05, 2014 1:11 pm

thanks for input. Ive used arguments re the Descriptors in question with more medical support. Ive also used data on the variable presentation of symptoms for Fibro. Also the DWPs own assessors training manual states there is a large disparity between claimed and presenting symptoms which is common and assessors should accept this and anybody with fibro should undergo a mental health assessment which they did NOT carry out.. I also have many instances of misunderstanding of what I said. I'm building quite a large document.

regard

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

Postby noohoo » Tue Jul 14, 2015 12:07 pm

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