Found fit for work after WCA

Hello,

This is my first post. I was awarded ESA last January...12 months ago...and was on the lower rate until my WCA assessment a few weeks ago. Last Friday I was found fit for work and scored nil points, this despite evidence from my psychiatrist, GP and counsellor.
Initially I was on ESA for severe anxiety. Around the summer of last year I had an operation on my elbow...so my fit note was extended. In September I was diagnosed with Asperger's Syndrome, an Autism Spectrum Disorder, after years of trying to get a diagnosis. I also have co-morbid symptoms, in the past I have suffered clinical depression, OCD and have had issues with alcohol and substance abuse due to self-medicating...I also have ADD-like symptoms, although I'm not sure if this is a separate diagnosis of ADD or part of the Asperger's Syndrome.
I am currently clean of drugs and alcohol and see a counsellor every weeks to access their services...this helps with my AS as their are various therapies available through their services.
I have asked my GP and psychiatrist for medication to help with the various symptoms of AS but they only seem willing to prescribe anti-depressants...something which doesn't really help much.
I am 41 years old and live with my parents...my father has severe dementia and I find this environment extremely stressful and does not help my AS symptoms.
I have significant problems with working memory, social interaction, sensory overload and stressful environments. I am subject to Asperger's meltdowns if I get too stressed...this leads to aggressive verbal behaviour and on occasion to violent behaviour and is something I can't control.
I am also reclusive and rarely venture out...I have no friends and no social life due to my social anxiety.
I have already put in a request for mandatory reconsideration after I submit new evidence, the evidence I was thinking of submitting regards ESA regulations regarding the mental and physical health of myself and other people if I was found fit for work...which I have.
Originally these were ESA regulations 29 and 35 in 2008...however I notice they have amended them and even put in a clause.
The new ESA regulations 2013 refer to ESA regulation 25:

25.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

(b)the claimant suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace; or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.

Does anyone here on the forum have any advice regarding this? And whether it is worth pursuing?
Due to my Asperger's meltdowns I have a convictions for assault, I have walked out of one job after six weeks and have been sacked from my last job which lasted two years both after meltdowns and me being unable to control my emotions. I lost my temper and acted aggressively...in a work environment this obviously was unacceptable.
I have worked in various jobs since the age of 16 years old trying to fit in and I have been sacked from every single job I have ever had...I have current not worked for four years...seven years if you disregard the job that lasted a few weeks.
I feel that the DWP are setting me up to fail...I have asked for the report which was sent to them but the letter I received back contained lots of information which was deliberately misinterpreted and totally false. Basically making out that I was a carer for my father when I am not. I just live with my parents...my mother is the main carer and also cares for me making sure I do not forget things and that I remember to wash and feed myself. It also seems that just because I go for a drive sometimes at night I don't suffer from social anxiety.
Another thing...Maximus took the original copy of my signed report from my psychiatrist and gave me back a photocopied one...I only realised a few days ago...I'm not sure if this was done deliberately or was merely a mistake.

Any help on this issue would be gratefully received.

Thank you,

J

Hi guys,

UPDATE!

Applied for a Mandatory Reconsideration but got the letter through on the 18th of Februrary and they have denied me my ESA and found me fit for work as I scored nil points again.

This was after submitting more evidence and having my doctor write a letter outlining the difficulties I face with my Asperger's Syndrome.

Their critique was that I failed to state some of these difficulties in my original ESA claim back in January 2015 and also the ESA50 form.

When I asked for a Mandatory Reconsideration in writing I stated that my circumstances had changed as in the September of 2015 I was diagnosed with Asperger's Syndrome...I was under the impression that if your condition had worsened or if you had been diagnosed with a new condition then your were entitled to continue with your ESA claim as you can't make a new claim within 6 months. Is this correct?

A remark about living with my father who has dementia led the HCP at my WCA to make outrageous claims that I was caring for my father and my life revolved around his...this was completely untrue and I never said anything of the sort. I didn't state it in my Mandatory Reconsideration letter but the lies in the actual HCP report were outrageous and a lot of assumptions were made.

In my Mandatory Reconsideration Notice they constantly refer back to my original ESA claim made in January 2015 which was for severe anxiety, ignoring the psychiatric report and Asperger's diagnosis report and diagnosis letter and letters of support regarding my new Asperger's syndrome diagnosis from my GP.

They also constantly in the Mandatory Reconsideration Notice refer to me caring for my father, something which I have constantly tried to correct them on. My mother looks after my father's caring needs, she is the main carer and I have stated this a number of times.


They also constantly refer to the ESA113 form which was apparently not completed by my GP...I have no idea if he received it or if he just thought that by writing a letter querying the WCA and why I didn't score points and outlining the difficulties with my condition was enough to satisfy the DWP. These are the main points on which my Mandatory reconsideration was denied.

I have an appointment with him soon and I will discuss this ESA113 form...something which the disability rights advisor at the CA had never heard of.

I am now about to complete the Tribunal Appeal Form and send it off with my Mandatory Reconsideration Notice today.

I understand my ESA could be reinstated once they have received and processed these forms. Is this correct and do I need to ring up the DWP to request that they be reinstated? Or is this done automatically?

Any comments or help would be gratefully received.
Wish me luck!

Jay x

Jay7 wrote: Hi guys,

UPDATE!

Applied for a Mandatory Reconsideration but got the letter through on the 18th of Februrary and they have denied me my ESA and found me fit for work as I scored nil points again.

This was after submitting more evidence and having my doctor write a letter outlining the difficulties I face with my Asperger's Syndrome.

Their critique was that I failed to state some of these difficulties in my original ESA claim back in January 2015 and also the ESA50 form.

When I asked for a Mandatory Reconsideration in writing I stated that my circumstances had changed as in the September of 2015 I was diagnosed with Asperger's Syndrome...I was under the impression that if your condition had worsened or if you had been diagnosed with a new condition then your were entitled to continue with your ESA claim as you can't make a new claim within 6 months. Is this correct?

A remark about living with my father who has dementia led the HCP at my WCA to make outrageous claims that I was caring for my father and my life revolved around his...this was completely untrue and I never said anything of the sort. I didn't state it in my Mandatory Reconsideration letter but the lies in the actual HCP report were outrageous and a lot of assumptions were made.

In my Mandatory Reconsideration Notice they constantly refer back to my original ESA claim made in January 2015 which was for severe anxiety, ignoring the psychiatric report and Asperger's diagnosis report and diagnosis letter and letters of support regarding my new Asperger's syndrome diagnosis from my GP.

They also constantly in the Mandatory Reconsideration Notice refer to me caring for my father, something which I have constantly tried to correct them on. My mother looks after my father's caring needs, she is the main carer and I have stated this a number of times.


They also constantly refer to the ESA113 form which was apparently not completed by my GP...I have no idea if he received it or if he just thought that by writing a letter querying the WCA and why I didn't score points and outlining the difficulties with my condition was enough to satisfy the DWP. These are the main points on which my Mandatory reconsideration was denied.

I have an appointment with him soon and I will discuss this ESA113 form...something which the disability rights advisor at the CA had never heard of.

I am now about to complete the Tribunal Appeal Form and send it off with my Mandatory Reconsideration Notice today.

I understand my ESA could be reinstated once they have received and processed these forms. Is this correct and do I need to ring up the DWP to request that they be reinstated? Or is this done automatically?

Any comments or help would be gratefully received.
Wish me luck!

Jay x

Hi J7,

As you can see, I have broken your solid block of text into paragraphs as it was very difficult to read.

Can you please do the same in future !!

The ESA 113 Questionnaire is only sent out to claimant's G.P.'s in around 25% of cases and G.P.'s often fail to return them by the deadline given !!

DWP/Maximus are not legally obliged to send an ESA 113 to one's HCP !

As you will see, it is pretty basic, anyway

If your G.P. has received one they should be aware as it would be entered in your records.

Assessors and DM's often refer to ESA 113 and/or Med 3's (fit notes) when one has not been issued at all.

This is because when compiling the report they choose from pre-designated phrases/options from a drop-down menu and they are too lazy/slapdash to amend it !!

Once your appeal id accepted by The Tribunal Service (TS) you should be able to revert back to Assessment Rate ESA, and if you have been obtaining fit notes from your G.P. to cover you from the date of the fit for work decision, you should be owed ESA from that date.

Obviously, if you have been claiming and receiving JSA in the MR period, you cannot receive JSA and ESA for the same period.

See : This Topic

You should have no problem reverting back to ESA once your appeal has been accepted, although you may have to contact DWP to confirm that you wish to revert back.

Good luck !!

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58

Thanks for the info bro I'll keep you updated.

Jay,

The tribunal cannot take into account any deterioration or new condition since the date of the original decision. Your job will be to show that the Apsergers diagnosis simply puts a name to the problems you were suffering at the time of the decision. That might sound obvious but, although there will be a medical member of the panel, the chairman will have no medical training.