× Members

Failed medical assessment and found fit for work.

More
7 years 8 months ago #162517 by Phil
Hi,
I've just received a DWP letter stating I have failed the medical assessment and am now fit for work.
I have severe dupuytrens contracture in both hands and in all fingers including both thumbs. For anybody who is not familiar with this condition all of my fingers on both hands are curled up somewhere between a fully opened hand and making a fist, though many sufferers get the condition less severely in one or two fingers only.
I had been placed in the wrag group following my first assessment about 5 years ago (2010/11) and now I have just received a letter and ESA65 medical report telling me I received 0 points and that I am now fit for work.
I have real trouble picking things up and even doing up a pair of laces is a struggle.
For them to award me 0 points I find unbelievable, considering I must have been awarded at least 15 points at my first Atos assessment a few years back.
Have they changed the wrag criteria ?
Anyway, needless to say I have phoned and asked for mandatory reconsideration and will appeal if and when that fails.
Any help or advice would be greatly appreciated.

Phil.

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago - 7 years 8 months ago #162531 by slugsta
Hi Phil and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm sorry your ESA claim was refused at reassessment :(

On a matter of procedure, will you confirm whether you had a face2face assessment (you should not have been found 'fit for work' without)?

Your ESA can not be paid again until such time as an appeal has been accepted by the Tribunal Service and DWP notified of this fact.

If you need money meanwhile, I'm afraid there is no alternative other than claiming JSA. Once your claim is accepted you should be able to present a fitnote and be excused job seeking activities for the duration of the note (up to 12 weeks).

If you do not need to claim JSA, you should get fitnotes anyway and keep them safely. Once an appeal is accepted, DWP will then give you backpay from the day after your claim ended as long as the period is covered by fitnotes.

I don't know whether you used our ESA guide when completing the ESA50 form but I certainly suggest you make use of all our resources during your MR (and appeal, if it gets that far).

ESA mandatory reconsiderations and appeals

ESA claims and appeals

You might wish to bookmark/favourite this on your web browser now so that you find it easily in future. This will allow you to return with further questions/comments about your ESA without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 8 months ago by slugsta.
The following user(s) said Thank You: Phil

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #162544 by Phil
Hi,
Thanks for the quick reply.
Yes it was a face to face assessment, but not once did she look at my hands. She just sat behind a computer asking me questions. There was a short sort of physical, where she asked me to lie on a couch and bend my arms and legs.
I would say that if anything my condition has slightly worsened in the period between the 2 assessments, thats why I asked if the criteria for the work related group had changed.

When you say 'fitnote' do you mean a doctor's certificate ?

I didn't use the ESA guide before filling in my form, I've just joined the site today. To be honest, because I passed the first assessment without any problems,and my condition has not improved, I never expected anything other than being placed back in the WRAG, but I'll certainly make use of resources here now.

I'm not holding out much hope for the MR as I've read the decision reversal rate is very low, but I'm hoping that a face to face appeal will go in my favour.

Regards
Phil

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #162546 by Gordon
Phil

There were changes to the ESA Descriptors, Regulations and guidance in January 2013, however, not to the areas that would seem to match your conditions, do you know what you scored points for last time?

Yes, a Fit Note is a doctor's certificate although they have not been called that for many years.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Phil

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #162551 by Derek4
Hi Phil,

Sorry you hear about your assessment.

Unfortunately, the DWP seem to think that there is a miracle cure sweeping the UK, and many people in the WRAG and support group are being found fit for work.

There has been a change in the Work Capability Assessment criteria since your previous assessment, but as far as I can see, the descriptors relating to picking up and moving objects and manual dexterity have not change.

It is crucial that you obtain a copy of your previous ESA85 if you do not already have one, and see where you scored 15 or more points. If your condition has not changed (I never heard of dupuytrens contracture before), is not likely to change, and there is no evidence of change, you previous report is all the more important. The DWP should include it in the appeal papers but you can't rely on them doing so.

Good luck,

Derek
The following user(s) said Thank You: Phil

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #162553 by Phil
Gordon

No I don't know what I scored points last time, but safe to say it must have been at least 15.
Is there any way I can find out ?
If so, maybe I could point this out at appeal.

Phil

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.