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Gutted.

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7 years 8 months ago #166137 by Annis
Gutted. was created by Annis
Had a phone call from the DWP this morning. Despite my rheumatoid arthritis and evidence of damage to my spine, at the WCA, I scored 'nul points'. Waiting for the letter to arrive, but now it seems I'm going to have to endure the appeals process. Oh joy.

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7 years 8 months ago #166142 by Gordon
Replied by Gordon on topic Gutted.

Annis wrote: Had a phone call from the DWP this morning. Despite my rheumatoid arthritis and evidence of damage to my spine, at the WCA, I scored 'nul points'. Waiting for the letter to arrive, but now it seems I'm going to have to endure the appeals process. Oh joy.


Sorry to hear your claim was unsuccessful.

You can claim JSA, once your claim has been accepted you can present a new Fit Note and be excused from any Job Search activity for up to 13 weeks.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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7 years 7 months ago #167407 by Annis
Replied by Annis on topic Gutted.
Cheers Gordon - I asked for the Mandatory reconsideration right away - when I phoned they asked me for the grounds right away, which took me by surprise. So i followed it up in more detail by letter a couple of days later. Still waiting to hear from them. Money has run out, so now going to apply for JSA and get a doctor's line. Which should be a dawdle, as the stress is making my arthritis worse! :)
The following user(s) said Thank You: Gordon

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7 years 7 months ago #168196 by Annis
Replied by Annis on topic Gutted.
So I have been told that despite the mandatory reconsideration, they have not revised their decision. On to the appeal, then!

Interestingly, the person who wrote to me states that 'in assessing your ability to perform the functions of the WCA, the activities do not have to be pain free'. Yet their own handbook says 'If a person can complete a task but suffers significant pain or distress in doing so, they should be considered incapable of the activity.' So which is it?

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7 years 7 months ago - 7 years 7 months ago #168218 by slugsta
Replied by slugsta on topic Gutted.
Hi Annis,

I am sorry - but not surprised - that the MR did not find in your favour :)

The DM is correct in saying that the claimant does not have to be completely pain-free in order to score nothing for a descriptor. The significant words are, as you have stated, "significant pain or distress" (although this is not defined).

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 7 months ago by slugsta.

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7 years 7 months ago #168301 by Annis
Replied by Annis on topic Gutted.
Yeah, but you would think someone on the max dose of co-codamol and 10 anti-inflammatory tablets a day would be believed when they say the pain is significant!

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