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limited capabilities for work and exceptional circ
- anne ireland
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8 years 10 months ago #160985 by anne ireland
limited capabilities for work and exceptional circ was created by anne ireland
i,m new to this site, but already found some very interesting info that i,m sure the DWP would rather we were not privy to!
do hope i am posting in the right place. i do really need advise.
i was retired on ill health as a nurse in the NHS - I'd severely damaged my back on a huge patient. I was sacked in the June, and claimed ESA at the basic rate until the October, when i was called in for an assessment. i rang them and told them i,d had a hip replacement only 2 weeks earlier, so they postponed it for another 3 weeks, saying if i kept saying i was unable to attend,my benefits could be stopped.
so, 5 weeks after i,d had a total hip replacement i kept the second appointment. i was on crutches, and in awful pain.
and, yep, you've guessed it, i was declared fit for work! i scored 6 points for standing and sitting. apparently i can walk 200m on flat ground. on crutches. after a major hip operation! i asked for a M/C,but was once considered fit for work. i have a host of other conditions, but none were taken into account.
i appealed, and was sent the actual paper with the HCP,s findings. it was the first time i,d seen it despite asking twice. it was full of lies, wrong
dates,things missed out that would have given weight to my case.
how do i complain about this person? she and i have the same nursing quantifications, yet she has not alerted the DM as to the dangers of dislocation of a hip so soon after surgery - 3 months is an average. for return to work. the DM is not medically qualified no wouldn't have known, but this HCP should have known - is paid a lot of money to know
i have a tribunal date at the end of june,but my other hip is being replaced in august. i am sure i have read somewhere on this site that anyone going for surgery within 3 months of an appeal (think it was appeal) should be deemed as having limited capacity for work under "exceptional circumstances" i thing something similar was in the assessors handbook.
i am so very angry. i have had to sign of for JSA fortnightly, and pretend to be looking for a job suilable for a 61year old woman with a bad back and dodgy hips!.
advise please.
Anne.
do hope i am posting in the right place. i do really need advise.
i was retired on ill health as a nurse in the NHS - I'd severely damaged my back on a huge patient. I was sacked in the June, and claimed ESA at the basic rate until the October, when i was called in for an assessment. i rang them and told them i,d had a hip replacement only 2 weeks earlier, so they postponed it for another 3 weeks, saying if i kept saying i was unable to attend,my benefits could be stopped.
so, 5 weeks after i,d had a total hip replacement i kept the second appointment. i was on crutches, and in awful pain.
and, yep, you've guessed it, i was declared fit for work! i scored 6 points for standing and sitting. apparently i can walk 200m on flat ground. on crutches. after a major hip operation! i asked for a M/C,but was once considered fit for work. i have a host of other conditions, but none were taken into account.
i appealed, and was sent the actual paper with the HCP,s findings. it was the first time i,d seen it despite asking twice. it was full of lies, wrong
dates,things missed out that would have given weight to my case.
how do i complain about this person? she and i have the same nursing quantifications, yet she has not alerted the DM as to the dangers of dislocation of a hip so soon after surgery - 3 months is an average. for return to work. the DM is not medically qualified no wouldn't have known, but this HCP should have known - is paid a lot of money to know
i have a tribunal date at the end of june,but my other hip is being replaced in august. i am sure i have read somewhere on this site that anyone going for surgery within 3 months of an appeal (think it was appeal) should be deemed as having limited capacity for work under "exceptional circumstances" i thing something similar was in the assessors handbook.
i am so very angry. i have had to sign of for JSA fortnightly, and pretend to be looking for a job suilable for a 61year old woman with a bad back and dodgy hips!.
advise please.
Anne.
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- Gordon
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8 years 10 months ago #160987 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic limited capabilities for work and exceptional circ
A
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If you want to complain about the assessor then the first thing you need to do is to make a complaint to Maximus, the Assessment Provider.
www.chdauk.co.uk/contact-us
With regard your appeal, you need to be aware that ESA tests your mobility, in addition to looking at your ability to walk, it also considers whether you could self-propel a manual wheelchair over the same distances. You do not need to be using a wheelchair or to even own one for it to be considered.
So in addition to your showing problems with your walking you must also explain why you cannot self-propel a wheelchair to have any chance of scoring points for this activity.
Being in hospital automatically qualifies you for the WRAG rate for ESA, this would normally be for three months as you cannot be reassessed within this period. It most certainly is not connected to any appeal process that you may have active.
Please have a look at the ESA Claim guides on the following link they will give you a proper understanding of the criteria against which you were and will be assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help you.
Gordon
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
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If you want to complain about the assessor then the first thing you need to do is to make a complaint to Maximus, the Assessment Provider.
www.chdauk.co.uk/contact-us
With regard your appeal, you need to be aware that ESA tests your mobility, in addition to looking at your ability to walk, it also considers whether you could self-propel a manual wheelchair over the same distances. You do not need to be using a wheelchair or to even own one for it to be considered.
So in addition to your showing problems with your walking you must also explain why you cannot self-propel a wheelchair to have any chance of scoring points for this activity.
Being in hospital automatically qualifies you for the WRAG rate for ESA, this would normally be for three months as you cannot be reassessed within this period. It most certainly is not connected to any appeal process that you may have active.
Please have a look at the ESA Claim guides on the following link they will give you a proper understanding of the criteria against which you were and will be assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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