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ESA award superseeded due to flawed WCA

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7 years 3 months ago #175654 by angel*1
Hi all

This is my first post on the forum.

I reapplied for ESA Support in May and handed in my application by June 1st, 2016. I have severe ME/CFS.

I was one of the first group to apply for ESA support in 2011. I was initially put in WRAG but appealed. Before my appeal came up, I reapplied for ESA in Dec. 2012 and had a medical assessment on Jan. 4, 2013. I failed the medical assessment (as usual). But, I eventually found out that I was put into the support group on January 29th, 2013. One day after the changes came into effect regarding criteria. I was greatly relieved as you can imagine.

Because of this, I was not worried during my reapplication until I got a call for a WCA. My assessment was on Nov.11/2016. I found out on Friday that they have rejected my claim. The HCP gave me 0 points! This has happened to me several times. I was hoping that the changes brought in in 2013 would aid my claim. The assessor ignored these changes and did not take into consideration several main factors of my condition. I know this will all sound horribly familiar to many of you. The report has omitted almost everything I said that would support my claim. Needless to say, the report bares no relation to my everyday life and the HCP has placed false information in place of what I actually stated during the interview. I did not get it taped officially because I didn't want the medical to be delayed further. I waited 2.5 weeks before the medical took place after being informed and I was anxious and stressed. With good reason.

I was called in the week by someone at the DWP regarding my claim. He left a message saying he wanted to ask some questions and he would call back. When he did, I was on the phone to the DWP! Who, of course, were of no use to me as they knew nothing. Instead of waiting to speak to me to give me the chance to respond to this report, he just let the decision of my claim be based solely on the WCA. My application and all the evidence provided has been ignored. I will be asking for a Mand. reconsideration but my head hurts from thinking about it and reading the flawed, inaccurate report. I am still upset and annoyed. The HCP made up her mind before I walked into the room. But, crucially, she has made mistakes and has contradicted herself in the report. I will be writing a letter regarding the report and my claim when I ask for the reconsideration. The decision maker obviously had doubts and that is why he was calling me. Shame he didn't wait to get in touch with me before allowing this travesty of a report to go ahead. I qualify for support not only via the descriptors (at least 30 points) but also via 'risk of work' and how that would affect me.

I did not know that WRAG no longer exists. I knew it was on the cards but I did not know it had been officially scrapped. I don't know what I am meant to do now.....Do I have to apply for jobseeker's? There is no information on the report sent as to what I am supposed to do. I definitely have LCW so I won't be looking for work. I'm unable to......

I'm tired so I have to go. Any useful info./tips greatly appreciated.
It will be ok eventually..... another round of the circus.

Cheers all.

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7 years 3 months ago - 7 years 3 months ago #175676 by slugsta
Replied by slugsta on topic ESA award superseeded due to flawed WCA
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry you are going through this - as you say, it is not an unusual situation :(

I am rather confused by your comment about 'WRAG' being discontinued? It is still with us.

As you have been found 'fit for work' your only avenue for claiming benefit just now is via JSA. The Fit for Work decision over-rules your own opinion of your capacity and your GP's fitnotes. Therefore you can sing on in good faith. Once your claim has been accepted you can submit another fitnote for up to 12 weeks and this should excuse you from job seeking activities during this time. This usually gives enough time for the MR to be carried out.

Once an appeal has been accepted by the Tribunal Service, and DWP notified of this, you will be able to get ESA payments restarted - but only at the basic rate. You will, again, need a fitnote in order for payment to be made.

Have a look at our ESA, MR and appeal resources

Mandatory Reconsiderations


ESA claims and appeals

Appeal FAQs

I suggest that you have a look at the guides and then come back if/when you have further questions or comments. If you bookmark/favourite this on your web browser now you will be able to do this without starting a new topic each time. We ask members to keep everything relating to the same claim in one topic as it makes it easier for us - 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 3 months ago by slugsta.
The following user(s) said Thank You: angel*1

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7 years 2 months ago #178613 by angel*1
Replied by angel*1 on topic ESA award superseeded due to flawed WCA
Hello all

Well, they've only gone and done it! After a bit of confusion, I have been placed in the 'Support' group again, after my original decision from 2013 was superseded. I would like to give you a synopsis of my experience as it may help others.

I requested, in writing, for a Mand. Reconsideration at the beginning of Dec. 2016 after being found fit for work due to a WCA f2f in November. I requested that my MR did not proceed until they received my report and additional evidence that I would be submitting to them. I submitted my new report/evidence b4 Christmas.

I collect my mail periodically from town so I did not receive any info. about my case until Jan.4, 2017. A decision on my MR was made the day before I handed in my submission!.....I rang the DWP. The person I spoke to agreed that the decision had been made without looking at my new evidence and that I had clearly stated I would be submitting new evidence. I was called the following morning by another agent at the DWP. He assured me that they would be looking at my claim again with all the new evidence. He told me to disregard the letter denying my claim re: the MR and said he would be getting it looked at immediately.
Later that day, I was called back by another DWP agent. He asked me some questions about my abilities and daily life. He awarded me full points for one of the descriptors. I have now received a letter confirming this although I will wait until it all goes through b4 I can really relax.

I would like to make a couple of comments about my experience.

Firstly, everyone I dealt with was helpful and kind. Even though the system is not working, do try to be polite and kind to the people you speak to. I know it isn't always easy when mistakes are made, but I tend to get positive results as I am never angry on the phone or otherwise, no matter how I am feeling. It has been a tough couple of months. I did not expect to be found 'fit for work' so it surprised me at first.

Make sure everything is in writing. I was advised to go to the Jobcentre to get everything scanned through. It was very tiring for me but that's what I did. They usually give you a copy of what you have had scanned. If you are able to do this, do so. If not, mail it. They still made mistakes but at least I had everything in writing so I was able to get a new MR done.

I treated my MR like an appeal, as that is essentially what it is. I submitted a detailed report regarding the WCA and DWP report. There were many inaccuracies. But I focussed on why I qualified for certain descriptors. I did not 'slam' the HCP. I stated 'the report's inaccuracies....' etc. I also handed in new supporting letters as I realised I had made an error in not submitting more of these. I gave my HCP and others detailed information about what it was that I was being assessed for and asked them to comment on, not only my illness and how it affects me, but also, why I would not be able to work (if this is what they thought). I did not tell any of them what to say or what my opinion was about it. These letters really helped in getting the decision overturned at this stage. I found it difficult to ask others to comment on me and my illness but I persevered and it paid off.

I know there is a lot of detailed info. in the guides. They are invaluable. But they are also very long!....like this email! I found it challenging to take it all in.

If you think it is appropriate, you can pass this on to 'Ange' link 178492 as I noticed her post. She is going through a MR at the moment I think, so it may be of some use to her.

Last, but not least, thank you to everyone at the B&W site and all of the moderators and contributors on the forum. It has been a great help during a time of difficulty and uncertainty. It will take time to recover.... step by step, one thing at a time.

Cheers
The following user(s) said Thank You: kate

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7 years 2 months ago #178615 by angel*1
Replied by angel*1 on topic ESA award superseeded due to flawed WCA
Sorry, forgot to add I was told I would not be reassessed for the max. period of at least 3 years. The DWP person I spoke to also said that it was possible there were changes coming in that would mean people like myself, with long term chronic conditions, may not have to keep reapplying so frequently. Hope this is true.

Thanks again.

Angel
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7 years 2 months ago #178622 by Gordon
Replied by Gordon on topic ESA award superseeded due to flawed WCA
buddha*3

Congratulations on the SG award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angel*1

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7 years 2 months ago #178635 by slugsta
Replied by slugsta on topic ESA award superseeded due to flawed WCA
Great news! Thanks for letting us know and for your kind words about B+W :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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