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 sweetie pie » Fri Apr 19, 2013 3:02 am

Thats so bad,i hope everything works out for you,my ones in appeal @ the moment,its all so wrong all this,we should have loads of understanding & support,not getting treated like this,as we have so much on our plate with this fibro for us to deal with,it doesnt help us all this stress with them all,Good luck re your Appeal XX
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Re: What to do if you 'fail' your work capability assessment

Postby janlou » Tue May 14, 2013 9:54 pm

I go for my apeal at the end of the month, I have sent all my notes from GP since Nov 2011, also I am taking my diary. Each day is the same always in pain from the fibro, and constantly dizzy.....I went to my first Atos meeting and on the notes they sent back to me was, "This lady is well kept and smart", think I may not wash when I go for the apeal. :(
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Re: What to do if you 'fail' your work capability assessment

Postby *Lisa* » Wed May 15, 2013 10:03 am

janlou wrote:I went to my first Atos meeting and on the notes they sent back to me was, "This lady is well kept and smart"


Just because were in chronic pain, dont mean we all have to dress like a tramp!! and stink like a dust bin!! :evil: i wonder were there logic is in that? Of course carers are not going to let you go out filthy :roll: its there role too help you get dressed and wash :roll: even so if we attempted to wash and dress ourselves just because we *look smart* dont mean it didnt take us hours of pain to try and do this and exhaustion. Atos needs a big :face-slap:

:goodluck1:
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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

*Lisa* wrote:
janlou wrote:I went to my first Atos meeting and on the notes they sent back to me was, "This lady is well kept and smart"


Just because were in chronic pain, dont mean we all have to dress like a tramp!! and stink like a dust bin!! :evil: i wonder were there logic is in that? Of course carers are not going to let you go out filthy :roll: its there role too help you get dressed and wash :roll: even so if we attempted to wash and dress ourselves just because we *look smart* dont mean it didnt take us hours of pain to try and do this and exhaustion. Atos needs a big :face-slap:

:goodluck1:



Try not to look at the comment as though it will be used against you. I have a whole lot of medical reports that start with

....Mrs. ......is a pleasant woman . Her age is...... Her dress and personal hygeine are remarkable.... Mrs ....has..chldren. She has been married...years.

It is not uncommon to have remarks made like this. They would say whatever is the truth. It has no impact on the possibility of you not being ill.
[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
Denys

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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 *Lisa* » Tue Jun 03, 2014 12:40 pm

The ESA goes on safely, reliably and repeatidly so for example...

Can you pick up a pint of milk:

NO: I cannot repeatidly pick up a pint of milk as this causes the muscles in my arms to burn, strain and cause pain. I cannot grip repeatidly as the muscles in the fingers seize up and cramp causing pain (just a rough example)

OR

NO: I cannot safely pick up a pint of milk as my grip is poor from the pain in the wrists and fingers which cause me to drop items.

Or both even

To get on the working related activity you will need to score 15 points overall. To get onto the support group you will need to score 15 on a support group question see here... http://www.benefitsandwork.co.uk/employ ... escriptors

I picked question 1:

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

On the More information page on the ESA50 Or on an appeal you say:

I feel i meet the support group descriptor on question 1 (ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

This is because...... (enter your reasons)

Same goes for any other questions you feel you meet the 15 points.

I would imagine but unsure that all trained assessors must have knowledge of the conditions they are interviewing. Maybe taking some information on fibro if you feel it may help.

You can appeal for both. You ask for it to be looked at again and explain that you feel you meet the criterea because.... (enter info)

This template may help as a guide, also a good website for info http://dwpexamination.org/forum/horror- ... ed/#p62927
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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

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.


Just wanted to update this post, according to my experience this morning. I receive Enhanced living and enhanced mobility for PiP, had work assessment over a month ago and was contacted by DWP today to say I scored 0 points and my ESA stops from today. I recalled seeing this post and followed the advice given, I am getting a copy of the report they received. HOWEVER, it is no longer possible to be placed onto the assessment rate of ESA in the interim, pending reconsideration. It seems the rules have changed and this no longer applies.
Instead, I was advised to make an immediate claim for JSA to ensure there was no break in my benefit.
What baffles me is this, ATOS assessed me a year ago and I got PiP at the rates previously stated. At that time I was still working (although at much reduced hours). Since them I have had to completely give up work due to a general decline in my health.
So, 5 weeks ago ATOS assessed me for ESA and I score 0 points? It's absurd!

I'm still shell shocked from this and will need to get my head around it on a better day. Definitely will be asking for a reconsideration, but I have no idea what I should be offering them by way of evidence.
I haven't seen my consultant since diagnosis and my medication is attended to by my GP. I rarely see him either as I just have to make a phone call for my repeat prescription.
I have no idea what they want :(
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