0 points on WCA - Apply for JSA or not?

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Thanks for all help in advance

Having worked for what seems like days on these forms I have finally been able to come to some sort of resolution with them. It is a complex situation involving both physical and mental health issues which have not been reported properly or fully in the medical.

This has taken me a long time to prepare so I have done most of the necessary research and am looking for advice as how to format my mandatory reconsideration which is due this Friday 10th March (the original decision letter was 10th Feb - I have asked on the phone for an extension for extra evidence but this has been denied)

There are a huge number of actual mistakes and misinterpretations in the report by the initial nurse. I have done a list of these and also how these affect the decision. The same mistakes and misinterpretations are repeated in the decision document,

The thing is at the medical the nurse was taking notes on a keyboard as she was talking to me -she was typing very quickly and I pointed this out and asked if she needed more times. Parts of the medical report are entirely erroneous and my mental health conditions are largely absent from the report.

Basically a lot of very important material is either absent or entirely glossed over - although I find it difficult to discuss my conditions I did make everything very apparent as I thought it during the interview and in the original form

To list here

1) I am reported as having had back and hip pain when I have never suffered from this. This is the first thing in report and a mistake. It also claims I have problems climbing steps, This is also not correct.

I have problems with my elbows and arms following an road accident and assault. This was discussed at length in the medical including the pain it gives me daily but this is fully not represented in the report. I have had a carpal tunnel operation on this in Summer 2016 and am to undergo further nerve tests for muscle wastage. The nurse also did a test and agreed that the left side was much weaker but then the report says there is no evidence of muscle wastage which I have been referred for.

2) My serious depression, mental health issues including shouting out self thoughts and thoughts of suicide and self harm which were discussed at the medical and in my form are not contained in the medical report. I said these affect me on a daily, even hourly basis and the report claims I am not suicidal and have no thoughts of self harm. I have been referred to therapy for this via my GP of which DWP is aware which will begin shortly.

3) It does not relate my isolation and agoraphobia as discussed at the medical. it claims that part of my daily routine is going to the shops and also meeting friends for coffee. I do this rarely and only when my conditions allow. I have a very small circle of friends as discussed and this perhaps happens one or twice a month whereas the report says it is an everyday happening.

4) The report does not relate other personal physical difficulties I am undergoing currently and under for. These conditions have worsened since the medical something of which I made DWP aware and I am currently under a fit note for these.

5) The report states that I get washed and dressed every day and do housework - this is not correct - I have no such routine and have difficulties coping with the state of my flat because of my severe depression. I find it difficult to cope with this and do tasks. This is not reflected in the report although was discussed at the medical.

I am also described as being kempt and well dressed when I also have difficulty with this and it was far from true at the medical.

6) As for social problems, these are also misrepresented. Although I took a taxi both ways to the medical at great expense, I had to go there alone because I didn't have anyone to accompany me . I said I feared being even more anxious at the medical and did not want to use the underground at peak times because of my anxiety and panic attacks. The medical report says I can use public transport and makes no mention of this.

7) I do not recognise the description of my daily life. I discussed trouble sleeping, remaining focused and falling into depression on a daily basis. I discussed this and my dark moods and thoughts that I find it difficult to escape from. I have been diagnosed with depressive rumination yet it claims that I do not suffer from this. It also claims I able to deal with finances and correspondence when I do not remember being asked about this.

8) I am left handed not right handed. I think this sort of detail along with the back pain being wrongly attributed shows that the report is not wholly credible.

There are a couple of additional points to consider which might impinge on this.

In October 2016, I had an introductory therapy appointment where I discussed because of my isolation and depression I had been drinking perhaps every other night 3 / 4 pints indoors. The therapist claimed they couldn't treat me. They contacted my GP and the surgery got in touch. I explained that it was an over-estimation and they advised that I was a moderate drinker, to cut down slightly and not to self medicate because of my depression.

The letter from the therapist was forwarded to DWP and they have confused in the report the fact that I have been referred to another therapy place with that I am entering alcohol counselling when I explained the situation in full at the medical and it is not correct.

The report refers wrongly to history of alcohol misuse all taken from that therapist letter. I am if anything a reasonably moderate drinker.

Also I have been doing around 10 hours a week freelance copywriting under the permitted work scheme but this is done at my own pace and when my conditions allow. It is implied I do 5 to 6 days a week of two hours when in fact I said I do it when my depression and feelings allow.

The following points are then taken from the report and reiterated in the decision. These include

- the back and hip pain I have never suffered from ,

- the confusion of the history of alcohol misuse and that I am due for alcohol counselling when in fact I have been referred for therapy.

- it claims I have no specialist input when I have been referred for therapy

- Not reporting my thoughts of suicide or self harm or mental health conditions emanating from my previous nervous breakdowns

- not reporting my other physical health problems as discussed including ongoing pain in elbows and other matters for which I am under treatment

- although the decision claims I have no problem with walking it recommends I might benefit from use of a wheel chair? Something regarding the back and hip pain I think.

- that I wash and dress daily and do housework - and cook simple meals.

- that my typical day includes going to the shops and meeting people for coffee and that I can interact with cafe staff. this is perhaps one or twice a month and is a struggle as I remain very isolated and agoraphobic.

- it does not my shouting out of self thoughts in public and how I am often singled out for this

ILL PUT THE QUESTIONS ON THIS IN A NEW POST

The thing is for the mandatory reconsideration I am wondering on a few points here.

1) How should I put together the information - here is my current thinking.

Covering letter with resume of my ongoing situation outlining that I continue to have "LCW - Limited Capacity For Work" - this is the correct term yes?

Breakdown of descriptors and categories where I think I deserve points done point by point with evidence and discussion of why they are wrong and taken from the erroneous medical report.

Should I include a list of errors in the medical report and also the decision on top of this? Although the nurse appeared sympathetic there were so many errors and in the way she took notes that I have to go through this.
This is what makes it so complex to do and write

2) Am I best to query every single point that I can - the thing that has been overlooked here is my mental health as well as physical problems? Should I lead with the mental health or go with everything I can?

3) Should I argue that being forced into work forms a substantial risk to my and others health - the stress of being placed on JSA recently and the fear of sanction as well as my mental health conditions make it impossible I could work in an office although I am currently capable of some limited work from home?

4) I will also have to address the confusion with the alcohol / therapy issues and wondered what the advice was in this?

5) Having done an appeal previously I have an idea how these things are set out, the original point / number of points, and why you qualify - there is a guide to this in the appeals section - do this for each section you think you could possibly qualify for,

6) Some of my conditions are variable from day to day and my physical conditions and problems afflict me more sometimes than others although
I have mental health issues on a day to day basis. How should I express this.

Any other advice you think I might need let me know. Am sorry for the length and delay in getting this to you but I wanted to be comprehensive and review the documents (28 page report / 9 page decision fully). Due to the number of mistakes it is quite complex.

With the deadline now this Friday, I plan to send the full document by Thursday latest, special delivery to arrive Friday, if I am unable to get an extension for further evidence.

I am working across the documents for then but any input gratefully received.

Thanks Gordon

As for 5 this was just a question about how to set out the responses.

It is the number of points and category at the top

Then why the original decision is wrong backed up with evidence and examples as far a possible and then do this for each point,.

Thanks for the tip on prioritising - ill go for the mental health stuff first.

Not the worlds greatest day......

I sent in my mandatory reconsideration earlier in the week.

I have now received a letter from DWP ending my jobseekers allowance because they claim I am working more than 16 hours a week.

In my permitted work i was doing 10 to 12 hours and when attending my initial jsa interview they agreed that i should only look at part time work because of my conditions.

I have no idea where this has come from. Is it part of the dirty tricks campaign?